The Trump administration’s stance on immigration

The current administration of the US, with President Donald Trump leading, has always referred to immigration with a negative connotation and has implemented policies that substantially transform the local immigration system, increasing restrictions and requirements for foreigners to come to the country. Therefore, its purpose has been to reduce both illegal and legal immigration.

For instance, speaking specifically about business immigration, the Trump administration has used multiple strategies to make legal processes more difficult and prevent companies from hiring qualified personnel from abroad. Many of Trump’s restrictions materialized after the sudden arrival of the global Coronavirus pandemic, which allowed his government to use the health emergency as a means to restrict immigration.

It is important to clarify that the local immigration system offers multiple alternatives for local companies to hire workers from abroad. To give a specific example, the H-1B visa program allows American or US-based companies to hire highly skilled foreign workers for important sectors such as engineering, research, science and technology.

Do you need help with a Business Immigration Case? Whether you need help for your local business or you are a foreign worker, our team can help you.

The Trump administration’s latest rules on business immigration

Recently, the Trump administration proposed two rules, using the health emergency as a support, to decrease business immigration during the current juncture, arguing that local businesses must first consider American workers in order to reduce the current unemployment rate.

However, it is important to clarify that in order for local companies to request permits for foreign workers, they must demonstrate that there are no trained local personnel to fill the job position.

Let’s look at the most recent restrictions:

1. Local companies must offer the same wages to foreign workers as they do to American workers.
   The Trump administration states that local companies take advantage of business immigration because foreign workforce is often less expensive.
2. Regarding the H-1B visa for highly qualified foreign workers, the Trump administration proposed narrowing the category “Specialized Occupation”, so that only some specific professions fall within this definition. This rule would lead to the rejection of approximately one-third of H-1B visa applications.

These two rules were released by the Department of Labor (DOL) and the Department of Homeland Security (DHS) respectively.

Visit our Blog section to keep up to date with the latest immigration news.

Judge reverses Trump’s rules that would restrict business immigration

On Tuesday, December 1, 2020, a federal judge in California blocked the two rules that would increase wages for foreign workers and limit the “Specialized Occupation” category for H-1B visas.

Judge Jeffrey White states that:

• Since the rules were released in October, the Trump administration did not use them during the first 6 months of the health emergency. Thus, using the pandemic as support to restrict business immigration is invalid now.
  In fact, Judge White stated: “Although both agencies (DHS-DOL) cited ‘skyrocketing’ and ‘widespread’ unemployment rates as the basis for finding that ‘immediate’ action was necessary, they did not do so for more than six months.“
• The Trump administration did not follow legal guidelines, which state that there must be a period of at least 30 days for the official rules to receive public feedback and comments before they go into effect. The wages rule took effect in October, without giving the public time submit opinions.

This is truly positive news for local companies that benefit greatly from foreign workforce, who state that the country’s economic growth and development depends to a great extent on business immigration.

Contact Motion Law for your immigration case

If you have any questions about an immigration issue or relating to a case you may have currently in progress, then please don’t hesitate to contact us for a FREE Phone Consultation with one of our expert immigration attorneys.

Simply call Motion Law today at: (202) 918-1799.