Amid ongoing immigration changes in the United States, a new proposal has been approved that may create serious concerns for Indian workers seeking H-1B visas and green cards.
The US government has taken a major step toward changing the salary rules for foreign workers. A proposed rule has now completed federal review, and it will directly affect the H-1B visa and employment-based green card process.
Proposal to Increase Salary Limits for Foreign Workers
The proposed rule aims to increase the minimum salary levels for foreign workers in the future. Although higher salaries may sound positive, this change could discourage companies from hiring foreign workers. Instead, employers may prefer to hire American workers at lower salaries.
The main goal of this proposal is to reduce US dependence on foreign workers. There have also been claims that H-1B workers are often paid less than American employees.
Public Opinion Will Be Invited Before Final Decision
The proposal was sent two months ago to the Office of Management and Budget (OMB), which is part of the President’s Office, for review.
It is now expected to be published for public comments before becoming final. This means people will have the opportunity to share their opinions on the rule.
If implemented, this rule could create serious challenges, especially for people planning to work in the United States.
Current Salary Rules and Expected Changes
At present, H-1B workers and green card-sponsored employees must be paid the “prevailing wage.” This means there is a fixed minimum salary based on job role and location, and employers cannot pay less than this amount.
Any change to this system would directly affect hiring and sponsorship decisions for foreign workers. The new proposal aims to modify how these salaries are calculated and may increase salary standards for certain jobs.
Detailed information about the rule is not yet public, but immigration experts expect major changes in salary calculation.
Normally, public comment periods last 30 to 60 days, but experts believe this time the period may be limited to only 30 days to speed up the process.
Why Indian Workers May Be Most Affected
If the rule is implemented, Indian workers are likely to face the biggest impact. Indians make up the largest group of H-1B visa holders
and employment-based green card applicants in the US. Many Indian professionals work in the US technology and healthcare sectors.
The possible effects of the rule include:
Impact on current H-1B workers:
Companies may be required to raise salaries to Level-1 or Level-2 wage thresholds. Many employers may not want to increase pay and could instead reduce staff, leading to layoffs of H-1B workers.
Reduced H-1B sponsorship:
If salary requirements rise, US companies may stop sponsoring Indian workers for H-1B visas.
Fewer job opportunities for Indians:
Employers may choose to hire American workers at lower salaries rather than foreign workers at higher mandated wages.
Impact on Green Card Sponsorship
For employment-based green cards, companies must prove through the PERM process that they are paying the prevailing wage.
If the new rule significantly raises salary requirements, companies may decide not to sponsor foreign workers for permanent residency.
This could break the dreams of many Indians who have worked in the US for years and were close to getting a green card. If a PERM application is not filed, the path to permanent residency becomes very difficult.
Even if filed, companies may cancel the process if the required salary becomes too high for their budget.
