Trump Administration Eyeing Prevailing Wage Reforms for H-1B Visa Workers

Employers who hire foreign workers under the H-1B visa program are required to pay these workers the prevailing wage. This means that U.S. employers must pay at least the higher of the prevailing or actual wages paid to U.S. employees in similar professional roles.

The H-1B visa program allows businesses to look abroad when there are insufficient qualified U.S. workers to fill critical positions in technology, finance, healthcare, and other highly skilled specialty occupations. The prevailing wage requirement is in place to ensure that U.S. workers are not adversely impacted by potential wage suppression favoring foreign workers.

In the first Trump administration, the prevailing wage thresholds were increased to align with the market wages of U.S. workers. When the Biden administration came into power, such changes to the prevailing wage were met with legal challenges that ultimately led to the changes being withdrawn. With President Trump back in office, it is expected that the current administration will be revisiting the prevailing wage in the H-1B visa program and reinstating requirements that will increase the pay U.S. businesses must provide H-1B visa workers.

If you have questions about U.S. immigration laws or the H-1B visa program, you are welcome to meet with an Atlanta employment-based immigration attorney at Shirazi Immigration Law, Inc.

How Can an Increase In Prevailing Wages Affect H-1B Visa Worker Selection? 

The Trump administration’s focus on increasing the prevailing wages to compensation rates comparable to American workers’ compensation would likely reduce the demand for foreign workers with inferior skills who offer services for lower-paying jobs. The wage-based selection process may result in prioritizing higher-paid foreign workers with more elite skillsets to be targeted by American companies that need H-1B visa holders.

Companies in the United States, especially those that are interested in entry-level foreign talent, should prepare for such changes in the prevailing wage. Early-career foreign workers have the potential to become quite costly and present financial challenges for U.S. employers. Meanwhile, obtaining an H-1B job for specialized and senior workers can become extremely competitive, emphasizing finding the most advanced and experienced applicants.

Speak with an Atlanta Immigration Attorney Today

The Trump administration, which is open about its emphasis on protecting American workers’ jobs and wages, will likely move to implement an increase in the prevailing wage. Higher-skilled workers who are paid more than entry-level employees would benefit from the shift of H-1B visa allocation. However, these workers should anticipate increased competition for senior positions within the U.S.

If you plan on coming to the United States to work through the H-1B visa program, you may be wondering how changes in the prevailing wage will affect you. It can be helpful to speak with an attorney to discuss your case and get the answers and assistance you need to meet your U.S. immigration goals.

For a consultation to discuss your immigration needs and case, please call Shirazi Immigration Law, Inc. at 404-523-3611. One of our Atlanta, GA, immigration lawyers is here to help.

Source:

uscis.gov/working-in-the-united-states/h-1b-specialty-occupations