New overtime salary begins on January 1, 2020 – Are H1-B employees entitled? Us Immigration

new salary for overtime with a watch displayed

According to a new decision by the U.S. Department of Labor, as of January 1, 2020, 1.3 million redundant employees will be eligible for overtime. An amendment to the Federal Fair Labor Standards Act (FLSA) raises the minimum salary to $ 35,568 annually or $ 684 weekly. It is currently $ 23,660 a year or $ 455 a week. This will affect the compensation packages of several foreign workers who are not immigrants

Know your rights and obligations on an H1-B visa

Read this to know what you can and cannot do

H1-B rights

The greatest influence is exerted on employees who are exempt from tax but do not reach the minimum threshold. You are now not exempt and are entitled to 1.5 times overtime pay over the salary range.

Are you entitled to an overtime salary for an H1-B work visa?

While most non-immigrants entering the U.S. on an H1-B work visa are already lowering the upper salary threshold because they are hired as skilled workers with an education of at least a bachelor’s degree in their field and almost do so are always a liberated worker, except for contract workers. The various professions in which H1-B employees are hired include specialists from the fields of computers, healthcare and finance, mathematics and natural sciences.

Are you preparing for the H1-B cap lottery for the 2021 financial year?

Here’s what you should know about the latest changes

H1-B submission tips

Non-migrant workers are deemed to be exempt from the new rule if they meet the following criteria. This applies to both the definition of salary and the definition of work obligation:

  • Salary recommendation and no hourly remuneration
  • Already meets the minimum FLSA salaries of $ 35,568 per year from 2020.
  • Carry out managerial, administrative and professional tasks
  • At all times in the year or in the previous year held more than 5% of the shares in a company
  • Received business compensation of more than $ 125,000 in 2019 and was in the top 20% of employees when ranked by compensation.
  • Computer system analysts applying system analysis techniques and methods, including advising users on determining hardware, software, or system function specifications
  • Software developers who design, develop, document, analyze, create, test, or modify computer systems or programs, including prototypes, based on user or system design specifications
  • Computer programmers who are involved in designing, documenting, testing, creating or modifying computer programs in connection with machine operating systems.

Will computer programmers not get an H1-B visa in 2020?

Read this information before you apply for the Fy2021 Sweepstakes Lottery

H1B for computer programmers

How does the new salary regulation affect contract workers who do not have an immigration visa?

Independent contract employees who may work at a customer location outside the company are not affected. The FLSA does not cover independent contractors that are hired by a US employer to work on certain projects. If the contractor is employed by a single employer, the FLSA can make an application. You should speak to a reliable one Immigration lawyer to clarify their position and their compensation expectations.

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