Trump’s DHS Makes Last Gasp Efforts to Eliminate H-1B Visas
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 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.
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