H1B Visa: $130k Salary vs Trump vs Travel Outside USA

Raghu USA Visa 5 Comments

h1b visa 130k bill fact fake news latest

Oh My! What’s going on with the President Trump’s Executive Order, Travel Ban and ever growing rumors of H1B Visa Restrictions, minimum salary of $130,000. I know it’s a lot to handle and consume. But, it all comes down to following questions:

How is this President Trump’s Order going to affect Me? Right?

Fact vs Fake:

  • Fact: H1B Visa bill are NOT YET Implemented, or Passed into Law.
  • Fact: Several H1B Visa Bills are in Proposed stage.
  • Fake: President Trump already signed $130k H1B Salary Bill.

Is there a deadline for H1B Visa bills to be implemented? Read How a Bill Becomes a Law for greater understanding of the process and the American political process.

I got several questions in the past few days:

  • Can I travel to India in March?
  • Will there be H1B Visa lottery this year?
  • I’m on STEM OPT, what will happen to me if they cancel STEM OPT?
  • I’m on OPT after MS and my salary is $55,000. Will I have to leave the country?
  • I don’t think my employer will pay $130,000 for Entry Level job, what’s going to happen?
  • I’m on vacation, I work as a consultant (EVC) on STEM OPT, what will they ask in Port of Entry?

There are few H1B Visa and Green Card Bills in U.S. House and Senate to reform the H1B Visa. Remember, they are the Bills. They are not yet implemented into Law.

Ok. Next Question.

Can President Trump sign an Executive Oder to cancel STEM OPT, reform H1B or increase minimum salary of H1B Visa workers?

Honestly! I don’t know. I’m not sure anyone can answer that question. Because of what we have seen in the past week with Travel Ban.

But, everyone has an opinion. I’m sure you want my opinion. Sure, why not?

To cancel 24 months STEM OPT, I think rule making is required. Just like how 24 months STEM OPT was implemented, DHS would likely have to go through a Rule Making process to rescind the STEM OPT Rule. I think the same goes for H4 EAD or any other regulations done via a Rule Making process.

What about H1B Visa $130 Bill?

I think H1B Visa changes require a new Law to be passed and it can take some time like few weeks to a few months. Some of the bills were reintroduced from the previous congress. So, they are not new. Here’s how $130k H1b Visa Salary is computed

Chill chill, but stay informed about the latest updates.

But, with President Trump’s pace, things may move faster this time around. It will be good to see H1B Visa and Green Card process reformed. I’m sure you would agree. So, what should you do now?
If you think of a story, there’s three parts to it. The Beginning. The Middle Plot. The End Game. Here’s two stories:

Story 1

  • The Beginning:
    • Trump talks about Extreme Vetting during Campaign
    • Trump talks about travel ban
    • It’s typical politician talk to win votes.
  • The Plot:
    • Trump signed an Executive Order
    • Travel Ban for 7 Countries
    • People from those 7 are not allowed to Enter USA
    • Oh Shoot! He’s walking the Talk!
  • The End:
    • People are Affected
    • Employer’s advising not to travel.
    • Some CEO’s are asking their employers to return
    • Protests at the Airports.
    • More Press Release and Calirty about the ban since then.

Story 2

  • The Begining:
    • Trumps wants to restrict H1B Visa
    • Trump wants American Companies to Hire Americans First
  • The Plot:
    • Few H1B Visa Bills are introduced
    • One criteria is Minimum Salary is $130,000 for certain employers
    • Let me repeat – One Criteria (not the Only Criteria).
  • The End:
    • There’s no End yet
    • Only Sentational News

These are two parallel stories. The $130k salary story doesn’t have an ending yet. Please don’t combine both the stories and think of “what-if” questions. Engineers are good at that, right?

If and when there’s changes to the Law relating to H1B Visa, you will be definitely hearing from me. Plus, $130,000 as minimum Salary as per Bill  impacts only certain employers. Not everyone.

Fact vs Fake News

  • Fact – $130,000 salary for H1B Visa for for Certain Employers (as per one bill)
  • Fact – Level 4 Wage gets higher preference than lower wages (as per one Bill)
  • Fact – Eliminate Advanced Degree Cap (as per one bill)
  • Fact – Leaked Memo asks to Review/Rescind Regulations not in the National interest (as per leaked memo)
  • Fake – Everyone Salary should be $130,000 else, there’s no H1B Visa
  • Fake – Employers have to increase current salary to $130,000
  • Fake – Existing H1B holders with less than $130,000 salary will be kicked out the country
  • Fake – President Trump already singed executive order to increase the Salary

$130k is for certain employer who meets certain criteria. It’s not all or nothing kind, just like other media have reported it. I’m keeping track of new and recent developments.

Can I travel outside U.S.A during these times?

You probably heard stories about people getting deported in the past few days. There’s few million students on OPT, F1, STEM OPT, H1B, H4 Visa status. There’s always going to be some folks who are being denied entry. But, at these times, those news get’s amplified. If you  have travel plans in the coming days and months, talk to your immigration attorney. They are best suited to give you advice based on your situation. Here’s some members of F1 Visa – STEM OPT Group who has entered the USA in recent days.

travel ban f1 visa opt stem opt h1b

 

Let me wrap this by saying this  proverb “Where there’s smoke there’s fire”. Stay tuned for more updates. If you know more facts or fake, please add them in the comments below.

Update 1:

Thanks to Chandra for forwarding this screenshot from their University Facebook Group:

uscis sevis updates

 

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Comments

    1. Author

      “We will also have merit based immigration system” 🙂

      We will definitely discuss about that, if a bill is proposed. There’s no active Bill in Congress about this Merit based reform yet.

  1. Fact: Both proposed H1B bills (100K and 130K) are applicable only to H1B Dependent employers. H1B dependent employers are those who employ 15% or more of their total employees through H1B visas. Others need not worry about the bills

  2. I see what you are saying .. And i am waiting for your opinion from 2 days .. I am also trying to explain people this kind of stuff. there are nowwhere near to listening to other people .. “And I am Damn sure there is nothing tuff going to happy ..”finally one word to all the people .. Don’t need to worry right now.

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