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New H-1B Rule Likely Unlawful And More Costly For Employers

10 Dec

U.S. Citizenship and Immigration Services (USCIS) has proposed a new regulation that would change the way H-1B petitions are counted against the annual limit. USCIS would change the counting order when petitions are received in excess of the 65,000-limit and the 20,000 exemption from that limit for individuals with a master’s degree or higher from a U.S. university.

The Trump administration has enacted or proposed many new restrictions on high-skilled foreign nationals and has increased the number of denials for H-1B petitions. Given that background, employers are skeptical that the proposed rule is designed to make life easier for them or their potential employees. To better understand the proposed rule and what it means, I interviewed Vic Goel, Managing Partner at Goel & Anderson.

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