Is It True that the Salary Must be More than
$60,000 to Qualify for the New H1B Program?

Dr. William:

I will obtain a MBA degree in this coming May, and a company wants to fire me thereafter. I know there is a new H1B program for people holding a master's or higher degree from US colleges. Is it true that the job salary must be more than $60,000 to qualify for this new H-1B program?


Answer:

Beginning from March 8, 2005, employers hiring a nonimmigrant who holds a master's from U.S. colleges will be allowed to file a new H-1B petition for special 20,000 H-1B numbers. If the employer is a "H1B dependent employer" AND the alien is not paid $60,000 or more in salary, the employer needs to file an attestation for no displacement of U.S. worker. 

An employer is a H-1B dependent employer, if the employer 1) hires 25 or fewer employees out of which more than 7 employees are H-1B aliens; or 2) hires from 26 to 50 employees out of which 12 employees are H-1B aliens; or 3) hires 51 or more employees out of which 15% are H-1B aliens. 

 

 

 

 

     

 

 

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