• Menu
  • Skip to right header navigation
  • Skip to main content
  • Skip to secondary navigation
  • Skip to primary sidebar
  • Skip to footer

Before Header

WhatsApp us today for help!  +44 7444 827 917

  • Facebook
  • LinkedIn
  • Twitter

Free Study – 2022-23

Study Abroad

  • Courses
  • Scholarships
  • Interview Tips
  • Essay Tips
  • Immigration
  • Contact Us
  • Search

Mobile Menu

  • Courses
  • Scholarships
  • Interview Tips
  • Essay Tips
  • Immigration
  • Contact Us
  • Search

Schedule A Free Consultation Now!

We can you find scholarships with your admissions.

+44 7444 827 917

  • Facebook
  • LinkedIn
  • Twitter

Ending the H-1B Visa Lottery will be Unfavorable to International Students

You are here: Home / News / Ending the H-1B Visa Lottery will be Unfavorable to International Students

May 10, 2021 //  by Amit Kumar

According to the new analysis, a Trump administration rule ending the H-1B lottery will make it more difficult for international students to receive an H-1B petition and operate in the United States. Even though the Trump rule’s enforcement has been postponed, analysts expect the Biden administration will support the rule.

The fight over the regulation will decide whether American universities can rebound from the students who left during Trump’s presidency and as a result of Covid-19. According to Immigration and Customs Enforcement, “new foreign student enrollment in U.S. schools decreased by 72 percent in the calendar year 2020 relative to the calendar year 2019.” (ICE).

The H-1B lottery, which distributes H-1B petitions by random selection when USCIS receives more H-1B registrations than the 85,000-annual cap allows, will be replaced by the Trump administration law, which was released only weeks before Donald Trump left office.

Instead, the proposed regulation will instruct USCIS to pick H-1B petitions from the highest to lowest pay level under the Department of Labor’s wage system, beginning with those paying at Level 4 salaries, which are usually the most skilled employees, and moving down to Level 3, Level 2, and Level 1 applicants (entry-level).

International students are disadvantaged by the rule because selecting H-1B petitions based on salary level benefits those with the most work experience over those with the least.

According to an NFAP analysis of actual cases of recent international students and H-1B petition filings, “under the current H-1B lottery system, an international student maybe 54 percent more likely to get an H-1B petition than under the Trump administration’s regulation that would end the H-1B lottery,” according to an NFAP analysis of actual cases of recent international students and H-1B petition filings.

“The data show that the new rule would have a substantial negative impact on foreign students’ ability to obtain an H-1B petition.”

According to NFAP, the law firm Curran, Berger & Kludt presented 170 cases of F-1 students who applied for H-1B limit selection in FY 2018, FY 2019, FY 2020, and FY 2021. “Under the new scheme, which chooses H-1B petitions at random, the H-1B lottery selected 60 percent of F-1 students.

The law firm did, however, provide details on the pay levels (Level 1 through 4) for the students’ H-1B applications, and NFAP discovered that if the new rule had been in place, only 39% of the students’ H-1B petitions would have been approved.”

The Department of Homeland Security (DHS) concluded when it released the rule that no applicants for H-1B petitions paying Level 1 wages would be selected under the new system, and only about half of those paid Level 2 wages would receive H-1B petitions.

Meanwhile, all Level 3 and Level 4 employees will be qualified for an H-1B petition. According to the DHS, employers can plan to increase certain salaries (beyond market wages) to boost the chances of selection after the rule takes effect, which means even fewer people paying at Level 2 would be eligible for an H-1B petition.

It’s only standard that international students with no work experience will be paid at Level 1 or Level 2. According to the NFAP report, “Among the firm’s cases for the four cap years analyzed (FY 2018 to FY 2021), 53 percent of foreign students were paid at Level 1, and 37 percent were paid at Level 2 (i.e., 90 percent combined).”

“As previously mentioned, DHS notes in the rule that no one at Level 1 will receive an H-1B petition under its simulation, and only about half of those paying at Level 2 salaries will be chosen for an H-1B petition.”

The NFAP discovered a noteworthy feature of the law that demonstrates its influence was understudied. There are 11 occupations for which “individuals paying Level 1 wages will be unable to receive an H-1B petition under the law, even though their Level 1 salaries are currently higher than the median pay for Level 3 for all occupations ($109,886),” including doctors, internists, pediatricians, dentists, and computer and information technology administrators.

The Biden administration has promised to “follow the science.” Still, ironically, if the regulation goes into effect, it would be extremely difficult for microbiologists and medical scientists to obtain H-1B petitions. “More than half of the labor situation applications for those occupations in FY 2019 were for Level 1, and nearly 90% were paying at Level 1 or Level 2,” according to NFAP.

The US Chamber of Commerce, along with other business and education organizations, has filed an amended lawsuit, claiming that the legislation ending the H-1B lottery is unconstitutional.

In an interview, Dan Berger of Curran, Berger & Kludt said, “Many foreign students are leaping faith in many cases to abandon their homes and families and come to study or work in the United States with the expectation of being able to get continued immigration status to pursue their career plans.”

The rule resulted from a series of Trump administration policies aimed at discouraging international students from coming to the United States and working once they arrived. It reflected the same zero-sum approach to economics and the labor market underpinning much of Trump’s immigration policies.

It is up to the Biden administration to determine whether or not to continue this aspect of Donald Trump’s and Stephen Miller’s anti-immigration agenda.

At the time, education groups cautioned that the Trump administration’s regulation would damage international students and make studying in the United States less appealing. The most recent analysis backs them up.

Category: NewsTag: International News, International Students, USA, visa

About Amit Kumar

FreeEducator.com blog is managed by Amit Kumar. He and his team come from the Oxford, Stanford and Harvard.

At FreeEducator, we strive to create the best admission platform so that international students can go to the best universities - regardless of financial circumstances.

By applying with us, international students get unlimited support and unbiased advice to secure the best college offers overseas.

Need help with studying abroad? or need a scholarship?

Schedule a no-cost consultation today!

We help students around the world with their college applications and related scholarships. With us you can apply for college admissions and we’ll help you apply for all available scholarships with that.






You May Also Be Interested In:

How to Become Web Developer for Free?

UNESCO Calling Application for International Fund for Cultural Diversity

Colleges in France for International Students

Colleges in Germany for International Students

Best Ways for College Students to Make Money

Christmas Presents for College Students

Best Laptops for High School Students 2020

Best Remote Jobs for College Students

Best International Credit Card for Students

Previous Post: « How to Study in France For Free?
Next Post: International Students’ Vaccination Requirements Rising in Complexity »

Primary Sidebar

RECENT POSTS

How to Become Web Developer for Free?

As an entry level software developer, you can typically expect …

UNESCO Calling Application for International Fund for Cultural Diversity

On March 16, 2022, UNESCO launches the thirteenth call for …

Colleges in France for International Students

Are you thinking of studying overseas, particularly in France? …

Colleges in Germany for International Students

Germany is one of the world's top ten most popular study …

Best Ways for College Students to Make Money

College life is full of new experiences and ideas. You get a lot …

Christmas Presents for College Students

The holiday season has arrived, and it's time to start thinking …

Best Laptops for High School Students 2020

It's not just college students who need laptops for their …

Popular tags

Abroad Australia Canada Career China College Colleges Competition Engineering Essay Essay tips Express Entry Foreign Students Free Online Course Free Online Courses Germany Graduate Immigration India Indian Students International International News International Students Interview Interview Questions Jobs masters New Zealand Online Courses PhD Position PhD scholarship PhD Scholarships Pros and Cons Scholarships Science Student Students Study Study Abroad Study in Canada Study in the USA UK universities USA visa

Footer

About FreeEducator

FreeEducator is a free study abroad and scholarships resource site for international students. FreeEducator was founded in August 2007 by Amit Kumar. The main goal of this site is to provide quality support to international students that allows them to improve their chances of success in life.

Site Links

  • About
  • Contact us
  • Disclaimer
  • Terms of Use
  • Privacy

Contact Us

Free Educator - Study Abroad Marketing Office
+44 7444 827 917

Email:
info@www.freestudy.com

Northways Parade
28 College Cres, London NW3 5DN


Head Office 106 Jaihind Kothi, Prem Nagar Bareilly, 243005, India
  • Facebook
  • LinkedIn
  • Twitter

Site Footer

Free Educator – Best website for international students to study abroad. Free scholarships and Financial aid.

Copyright © 2023 FreeEducator - Study Abroad · All Rights Reserved.