Meeting Notes: Proposed New H-1B Lottery Bill

Objective

Summarize a discussion/interview about a newly proposed H-1B lottery bill, its implications, status, and opinions from immigration attorney Samir Ketek.

Key Highlights

1. Summary of Proposed Bill

• A new bill has been introduced to change the H-1B visa allocation process.
• The proposal aims to eliminate the current H-1B lottery.
• H-1Bs would be issued only to applicants who are paid at the highest wage levels (top 90th percentile or "level four wage" for the job/location).
  • Example: For a product manager in a county where level four is $150,000, only those offered at least $150,000 would qualify without the lottery.
• The cap on the number of H-1Bs remains; only the method of selection changes.

2. Background and Context

• There was a similar attempt during Trump's first administration, which failed due to legal challenges (trying to implement policy without formal rulemaking).
• The new bill is following the proper rule-making and legislative processes now.

3. Policy Motivation

• The government seeks to address concerns over lower-wage H-1Bs (especially in sectors like IT consulting where foreign workers might be paid less than American equivalents).
• There is a public perception issue: many see all H-1Bs as undercutting American jobs, though the reality is more nuanced.

4. Potential Impacts

A. On International Students

• The change would drastically reduce job opportunities for international students coming to the U.S. at entry-level positions.
• Many companies hire international students because there aren’t enough qualified U.S. students for certain jobs.

B. On Startups

• Negative impact on startups: Startups often can’t afford top-tier wages but offer equity as compensation. The proposal doesn’t account for this.
• VC and innovation effects: May lead to reduced investment or restrict innovation due to increased costs and hiring constraints.

C. On Overall Immigration

• The new rules are seen as shortsighted and potentially harmful to U.S. innovation and talent acquisition.

5. Status of the Bill

• The bill has only been proposed and introduced; not yet law.
• It's currently in early stages: open for comment and feedback; specifics about the mechanisms are not finalized.
• To become law, MUST:
  1. Undergo public feedback,
  2. Pass legislative & executive review,
  3. Complete the formal rule-making process (may take 6-18 months).

6. Next Steps and Advocacy

• Tech community, startups, and universities may need to engage in lobbying and advocacy as the bill could significantly impact their interests.
• Concerns voiced that changes are not driven by economic experts, but by groups favoring restrictionist immigration policies.

Resources & Follow-up

• Samir Ketek is available for consultations on immigration matters.
• Weekly live Q&A sessions every Wednesday, 1:00 p.m. California time.
• Discount code (UDJ) available for consultations.
• Links for further info and booking consultations are in the video description.

Conclusion

• The bill represents a major potential change in how H-1B visas are allocated.
• There is significant uncertainty, as the bill is early in the process.
• Potential for major negative impacts on international students, startups, and U.S. innovation if passed as described.

For more details or questions, consult an experienced immigration attorney and stay tuned for updates.