DHS issues regulations changing the allocation of new professional visas

On October 29th, DHS issued proposed regulations that will change the allocation of the limited new professional visas.  Instead of the current random selection system, the new rule would prioritize by high compensation relative to occupation and location.  This in turn makes it less likely that US employers will be able to rely on foreign professionals to meet their labor needs.  Startups used to using stock incentives in lieu of cash compensation will be at a disadvantage because the non-cash compensation is not considered.

 

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