Do you think it is likely that the new H-1B rules will be struck down in court?
Also, I am currently on the OPT STEM extension, and will be putting in my third and final H-1B application in 2021. The new rules seem incredibly restrictive. My current salary puts me at the level 3 prevailing wage for software engineer in my area. The new rules would require a ~30% raise in order to qualify for the H-1B. Can my employer re-classify me to a level 1 prevailing wage worker before my H-1B application so that I can qualify? For context, I graduated with a bachelors degree in computer science from a US university in 2018.
I ask, because I work for a startup that would struggle to justify such a large raise.
Do you think it is likely that the new H-1B rules will be struck down in court?
Also, I am currently on the OPT STEM extension, and will be putting in my third and final H-1B application in 2021. The new rules seem incredibly restrictive. My current salary puts me at the level 3 prevailing wage for software engineer in my area. The new rules would require a ~30% raise in order to qualify for the H-1B. Can my employer re-classify me to a level 1 prevailing wage worker before my H-1B application so that I can qualify? For context, I graduated with a bachelors degree in computer science from a US university in 2018.
I ask, because I work for a startup that would struggle to justify such a large raise.
Thank you