Biden may Reconsider Denied Business Immigration Applications

Since President Joe Biden took office on January 20, 2021, his administration has emphasized the need to improve the immigration system to strengthen the economy through business immigration and reorganize local resources to assist immigrant communities in need of international protection.

The Biden administration states that foreign workers contribute greatly to the socioeconomic development of local companies, boost the economy, create jobs for American workers through entrepreneurship projects, and are essential for the US to overcome the crisis brought by the COVID-19 pandemic.

Therefore, the current administration froze and postponed changes proposed by the previous administration on the H-1B Visa Lottery for highly skilled foreign workers. In this way, Biden’s team has enough time to evaluate Trump’s policies and gradually restructure the local immigration system.

Adding to that, on Friday, March 12, 2021, the USCIS (US Citizenship and Immigration Services), which is the entity in charge of processing immigration cases, announced that it may reconsider and reopen certain H-1B visa applications that were rejected under three memoranda recently rescinded by the Biden administration.

This means that certain petitioners can request reconsideration of their cases so long as they meet mandatory requirements and fall within eligible scenarios.

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

Limitations on business immigration

The Donald Trump administration had a fairly strict approach to immigration. To give a specific example, regarding business immigration, the former president stated on multiple occasions that foreign workers often take away job opportunities from American workers by accepting lower wages.

Therefore, his administration wanted to reshape programs available to foreign workers, including those highly qualified in important fields such as science, technology, engineering and research. The Trump administration planned to increase wages for foreign workers and eligibility requirements for local companies to hire employees from abroad.

Apart from its ideal of reducing immigration in general, the sudden arrival of the global Coronavirus pandemic in the North American territory also allowed the Trump administration to implement restrictive policies and substantially limit business immigration in the US.

In fact, in June 2020, former President Trump suspended the issuance of H-1B Visas on grounds of health emergency, which allow local companies to hire highly qualified foreign workers. This restriction was to be in effect until the end of 2020, however, in early 2021, the Trump administration, before leaving office, extended this restriction until March 31.

Adding to that, the Trump administration proposed replacing the H-1B Visa Lottery with a wage-based selection system (from highest to lowest), matching foreign workers’ wages with those of American workers, and narrowing alternatives available to foreign workers.

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Do you need help during your immigration process?

To complete a pending immigration process, resume a case paused by the health crisis or start your immigration journey from scratch, the best recommendation is undoubtedly to seek reliable help and to follow the advice of experts on immigration matters.

We understand that starting an immigration process requires constant dedication and expert help. Our team is highly qualified to guide you through your immigration journey in the US, so please don’t hesitate to contact us for a FREE Phone Consultation with one of our expert immigration attorneys.

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