New rules tighten H-1B access, including a $100,000 fee tied to new petitions and a proposed shift to a wage-based lottery that favors higher-wage earners.
The H-1B program has long been viewed as a critical tool for supplementing the U.S. workforce. It addresses "skills gaps, particularly in technology, health care, engineering, higher education, and other sectors where talent shortages persist," said Emily M. Dickens, J.D., chief of staff, head of government affairs, and corporate secretary at SHRM, speaking as part of a SHRM webinar. She stated, "SHRM believes the administration must strike the right balance [between] protecting American workers, while ensuring employers can access the skills need[ed] to fuel growth and innovation."
Attorneys have flagged gray areas around amended petitions, changes of employer/status, and timing. HR should audit current H-1B populations, align with comp to raise wage levels as appropriate, communicate early, and explore visa alternatives such as the TN visa.
H-1B changes are just one recent development in workplace compliance. Here's a look at other compliance news and trends.
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