The Trump administration’s strategy to reduce business immigration

The sudden arrival of the global Coronavirus pandemic allowed the Trump administration to substantially restrict business immigration, stating that American workers should be the priority in times of crisis.

Adding to that, the Trump administration has used other arguments such as:

• Foreign workers diminish job opportunities for local workers.
• American or US-based companies often take advantage of the immigration system to pay lower wages to foreign workers and leave local workers behind.
• The unemployment rate skyrocketed due to the health crisis, therefore, local companies must hire American personnel before foreign workers.
• Foreign workers often use immigration alternatives to bring their closest relatives to the US, which could be detrimental to the economic system in times of crisis.

Therefore, apart from the fact that President Trump has always wanted to reduce business immigration, the massive outbreak of Coronavirus in the North American territory undoubtedly contributed to his government increasing restrictions and requirements for foreign workers, except for some visa programs related to the US food supply chain.

One of the programs most affected during Donald Trump’s term is the H-1B visa. This program allows local companies to hire highly qualified foreign workers in important sectors such as technology, science, research and engineering.

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DHS confirms changes to the H-1B visa selection process

In late October 2020, the Trump administration, through the Department of Homeland Security (DHS), proposed removing the H-1B visa lottery and replacing it with a selection system based on salary range.

To understand the issue at hand, it is important to clarify that:

• Currently, there is an annual limit of 65,000 H-1B visas for highly qualified foreign workers. When the number of applications exceeds the limit, which happens almost every year, the US Citizenship and Immigration Services (USCIS) uses a random selection system called the H-1B Visa Lottery to choose applications and complete the annual limit.
• DHS proposes to remove the H-1B visa lottery and complete the annual cap starting with the highest wages to the lowest wages, incentivizing companies to offer higher wages to foreign workers or hire local workers instead.

DHS will publish the Final H-1B Visa Limit Rule in the Federal Register on January 8, 2021, and will take effect 60 days after publication. To view a preliminary version of the Final Rule, please click here.

The Trump administration argues that this rule will prevent local businesses from abusing the immigration system, protect the employment of American workers, reduce the current unemployment rate, and protect the economy in times of crisis.

However, local companies that benefit from this program state that foreign workforce is essential to overcome the current crisis and that reducing business immigration in times of crisis will only diminish the country’s ability to regain economic stability.

Other than that, it is possible that the incoming administration (Biden-Harris) reevaluates this Final Rule and revoke the Trump administration’s restrictions on business immigration. The president-elect will take office on January 20, 2021. His administration plans to reform the immigration system and protect highly-skilled foreign workers.

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