The Trump Administration’s view on business immigration

Reducing immigration was always one of the goals of the Trump administration, both legal and illegal. Former President Trump states that mass immigration can become an unnecessary burden on the economic system, taxpayers and the federal government. Adding to that, in his opinion, immigrants, especially those covered by humanitarian programs, tend to overuse social services and benefits, which should be available to the American population.

Thus, over the past four years, the Trump administration significantly increased restrictions and requirements on immigration processes through memoranda, presidential proclamations, and executive actions. With this, we refer to processes of all kinds, from humanitarian alternatives such as political asylum, to immigration based on employment, study or family ties.

Speaking specifically about business immigration, the Trump administration substantially restricted the entry of foreign workers into the US, primarily after the arrival of the global Coronavirus pandemic. This includes highly qualified foreign workers holding H-1B visas, who are normally professionals in important sectors such as technology, science, engineering and research.

In fact, President Trump banned the issuance of H-1B visas between June and December 2020, arguing that foreign workers tend to take opportunities away from American workers, a premise that has been contradicted many times by research, studies, reports, experts and critics, who state that business immigration is absolutely necessary for the US to overcome the current crisis.

Trump’s last-minute restrictions on business immigration

Despite Trump seeking re-election, the American population elected Democratic nominee Joe Biden as the nation’s 46th president, who took office on January 20, 2021.

Before leaving office, the Trump administration issued a series of rules that would substantially restrict business immigration, especially the H-1B visa program for highly skilled foreign workers.

Let’s see some examples:

• On January 8, 2021, Trump’s DHS (Department of Homeland Security) released a Final Rule that would remove the H-1B Visa Lottery and replace it with a selection system based on wages, from highest to lowest.
  To better understand the issue at hand, it is important to clarify that the US normally grants 65,000 H-1B visas annually. When the number of applications exceeds the limit, the USCIS (US Citizenship and Immigration Services) randomly approves the applications until the limit is completed through the H-1B Visa Lottery. The Trump administration wanted to remove this lottery and approve applications depending on wages.
  This rule would go into effect on March 9, 2021.
• On January 14, 2021, Trump’s DOL (Department of Labor) released a Final Rule that would substantially increase wages for highly-skilled foreign workers, making it difficult for local companies to hire specialized foreign workforce.
  This rule would go into effect on March 15, 2021.

Do you need help with a Business Immigration Case? Our team can help you.

The Biden administration freezes restrictions on business immigration

During his first day in office, President Biden removed multiple restrictive policies on the local immigration system, just as he promised during his political campaign.

Regarding business immigration, through a memorandum published on the official White House website, Assistant to the President and Chief of Staff, Ronald Klain, froze Trump’s Final Rules on H-1B Visas that have not gone into effect (mentioned above) for further review and possible adjustments or even the cancellation of the rules.

This is truly hopeful news for hundreds of local companies benefiting from foreign workforce and for H-1B visa holders or foreign workers planning to come to the US soon.

Contact Motion Law to start your immigration journey in the US

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