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'Layoff on H1-B'

There have been a lot of denials for H-1B petitions due to Level 1 Wages and Specialty Occupation issues. Computer Systems Analysts and Software Developers are the most affected H-1B occupations.

H-1B petitions of non-computer science graduates for Computer Systems Analysts and Software Developers are being denied at a much higher rate than before.

USCIS is challenging Work Experience and Education Evaluations of non-Computer Science graduates and routinely denying their H-1B petitions.

For the first time IT work experience of 6 years plus non-computer science engineering degree is not being accepted as equivalent to US Computer Science Bachelor’s Degree.

Some employers have also laid off H-1B workers because they are unable to pay Level 2 wages which range between $85,000 to $105,000 per annum depending on the geographic location where the H-1B employee is working.

The cost of burden for maintaining an employee like employer contribution of Social Security, Medicaid, State Unemployment Insurance, Payroll Provider fees is an additional 13% of employee’s salary for small employers and unto 16% for large employers. Health Insurance and vacation leave benefits cost more for employers.

Many implementation partners who previously hired H1-B employees on a massive scale are now terminating these employees with two weeks’ notice. The $60,000 wage or master’s Degree Exemption for H-1B dependent employees does not work anymore because there is a 99% change of denial if a H1-B petition is filed under Level 1 wage unless the petition is filed for a research assistant or university accepted entry level position.

For Implementation partners a H-1B employee now costs $55 to $70 per hour which is not viable to them in the long run due to their low-cost outsourcing business model.

Large employers who have more than 50 employees must pay H1b Fees of $7685 including premium processing and corporate attorney fees which ranges from $1500 to $3000 per petition.

Many H-1B employees will be subject to layoffs in the next two years due to this reason.

H-1B employees who are laid off have a 60-day one-time grace period to find a new H1-B employer.

We request H-1B employees who are subject to an imminent layoff to send their resume to info@immigrationadvice.com and we will help them find a new employer who can sponsor them.

Press note released by: Indian Clicks, LLC

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Tags: H1B Visa