Yesterday, on October 8, 2020, some changes were published:
INCREASED WAGES. Prevailing wages for the H-1B, E-3, H-1BA and PERM programs have changed. For example, entry-level wages for H-1B and PERM cases will increase to the 45th percentile of wages for the occupation and geographic location. (The current level is 17th percentile.) This takes effect for all filings on or after December 7, 2020.
TOUGER OCCUPATION CRITERIA. Before, the H-1B specialty occupation normally required a bachelor’s degree (or equivalent) as a minimum. The new regulation now requires that the bachelor’s degree be more directly related to the specific H-1B category. More key to dairy specifically, they have removed the option for petitioning employers to say that the required degree is “common” in the industry. Now, the petitioning employer must establish that the required degree is the minimum requirement for jobs like this in other farms.
The ruling is expected to be challenged in court.
Global Cow has assisted dairy farms with H-1B visas. It is a very narrow use on dairies, and only works for a position that truly requires a higher level of training.
