Trump’s DHS Makes Last Gasp Efforts to Eliminate H-1B Visa Program
DHS and DOL Rules Aim to Make H-1B Filings Impossible
The Trump Administration in its assault on immigration has, in a last gasp
effort, attempted to fatally undermine the non-immigrant and immigrant
visa programs through the announcement of changes to regulations. In its
latest regulatory imposition, the Trump Administration has announced a
new interpretation of what employer-employee relationship means and measures
requiring End Client to file petitions for H-1B visa holders.
These measures, which are scheduled to go into effect on Jul 14, 2021 would,
in all practical measures, make it untenable to hire H-1B employees, especially
for technology consulting firms who place their employees at client sites
for projects.
Additionally, the Trump Administration had announced measures to raise
the wages for H-1B visas, and the PERM process for Greencards, to significantly
above the prevailing wage. All of the measures were intended to destroy
the non-immigrant and immigrant visa programs that had been an important
aspect of the technology engine of the country.
The Biden administration has not outlined in any detail what its policies
for business immigration will be, but it is thought that they would track
a more traditionalist approach. It is expected that these last-minute
measures of the Trump Administration will be reversed by the incoming
Biden Administration or that the courts would throw them out as they are
based on a spurious interpretation of the law.
We will monitor this issue and update our clients as more information becomes
available.
Please feel free to contact USILAW with any questions or issues that you
may have. You may reach us via telephone at +1 (202) 618 4540 or via email at
anindita@usilaw.com.