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Changes to the H-1B Visa:

Higher salaries and specialized profiles will now be prioritized.

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The U.S. government announced a substantial change to the H-1B visa selection process. The measure, spearheaded by the Department of Homeland Security (DHS) and published by U.S. Citizenship and Immigration Services (USCIS), transforms the traditional random lottery system into a model that prioritizes higher-paying, highly specialized positions.

This change redefines the landscape for foreign professionals and employers in the United States, marking a strategic evolution in the allocation of work visas.

How did the process work before?

Until now, when the number of applications exceeded the annual limit (85,000 visas available per fiscal year), the system operated through a completely random lottery, regardless of the salary level offered or the degree of specialization of the position.

What changes?

Under the new regulations, the selection process will no longer be entirely random and will adopt a model based on salary levels.
This means that:

  • Job offers with higher salaries will have a greater chance of being selected.
  • Positions requiring greater technical or professional specialization will have an advantage in the process.
  • Positions with lower salaries will still be eligible, but with a lower probability of selection.

This adjustment transforms the H-1B visa process into a more selective one, aligned with the added value of foreign talent. For those with highly specialized profiles, this scenario can represent a significant advantage.

What is the government's objective?

According to the DHS, the reform seeks to:

  • Protecting the labor market in the United States.
  • Prioritize highly qualified talent.
  • Encourage employers to offer market-rate wages.
  • Reduce potential distortions or strategic uses of the lottery system.

The message is clear: quality over quantity.

What Does This Mean for Professionals and Businesses?

For professionals:

  • Negotiating competitive offers aligned with higher salary levels will be key.
  • Specialization and proven experience acquire greater strategic weight.
  • The case preparation should be more rigorous from the initial stage.

For employers:

  • The salary structure will be a determining factor in the probability of selection.
  • Migration planning should begin further in advance.
  • The international recruitment strategy becomes more analytical.

What do we recommend at ASISVISA?

At ASISVISA, we understand that regulatory changes require strategic anticipation. Our recommendation is:

  • Evaluate the salary level before starting the process.
  • Analyze the professional profile against the standards of the US market.
  • Design the application with a robust technical and documentary approach.

The migration environment is evolving. The key is to adapt intelligently and with planning.
If you'd like to assess how this new rule impacts your case, schedule a free consultation at the following link and our team will be ready to advise you.

https://reuniones.clientify.com/#/english/sergio

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