Here’s another edition of “Dear Sophie,” the recommendations column that responds to immigration-related concerns about working at technology companies.

“Your questions are essential to the spread of understanding that allows people all over the world to increase above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley migration attorney. “Whether you’re in people ops, a founder or seeking a job in Silicon Valley, I would enjoy to address your concerns in my next column.”

Bonus Crunch members receive access to weekly “Dear Sophie” columns; use promo code ALCORN to purchase a one or two-year subscription for 50% off.

Dear Sophie:

I’ve read about the brand-new H-1B guidelines for wage levels and specifying what kinds of tasks certify that came out this week. What do we as companies need to do to comply? Are any other visa types impacted?

— Racking my brain in Richmond! Dear


As you discussed, the Department of Labor (DOL) and the Department of Homeland Security (DHS) each released a new interim rule this week that affects the H-1B program. The DOL guideline impacts other visas and green cards. These interim guidelines, among which worked immediately after being released, are an abuse of power.

The president continues to fear-monger in an effort to generate votes through protectionism, xenophobia and bigotry. The deadly irony here is that companies remained in reality currently making “genuine offers” to “real workers” for jobs in the innovation economy, which are not fungible and are in fact the source of brand-new task development for Americans. A 2019 report by the Economic Policy Institute found that for every single 100 professional, scientific and technical services jobs developed in the private sector in the U.S., 418 additional, indirect tasks are developed as an outcome. Almost 575 extra tasks are produced for every 100 info tasks, and 206 extra jobs are created for every 100 health care and social help tasks.

The DOL rule, which entered into result on October 8, 2020, significantly raises the incomes employers should pay to the staff members they sponsor for H-1B, H-1B1 and E-3 specialized occupation visas, H-2B visas for temporary non-agricultural employees, EB-2 advanced degree green cards, EB-2 remarkable capability green cards and EB-3 proficient employee green cards.

The brand-new DHS rule, which further limits H-1B visas, will go into result on December 7, 2020. DHS will not apply the brand-new guideline to any pending or previously approved petitions. That indicates your company needs to renew your staff members’ H-1B visas– if eligible– before that date.

The American Immigration Attorney Association (AILA) has actually formed a job force to evaluate the rules and help with lawsuits. Although both the DOL and DHS rules will likely be challenged, they will likely stay in effect for a long time prior to any litigation has an effect. They are actively looking for complainants, including employees, companies and agents of subscription companies who will be harmed by the brand-new guidelines.

Article curated by RJ Shara from Source. RJ Shara is a Bay Area Radio Host (Radio Jockey) who talks about the startup ecosystem – entrepreneurs, investments, policies and more on her show The Silicon Dreams. The show streams on Radio Zindagi 1170AM on Mondays from 3.30 PM to 4 PM.