Changes proposed by the Trump administration on business immigration

Regarding immigration, the Trump administration always had a rather negative opinion. In fact, the former president repeatedly mentioned that immigration, both legal and illegal, becomes a burden on the federal government, the economy and taxpayers.

Thus, during his term, Trump used all the resources and tools at his disposal to restrict the entry of foreigners in the US, including highly skilled workers in important fields such as technology, science, research and engineering.

Speaking specifically about business immigration, the Trump administration significantly increased restrictions on the H-1B visa program for highly qualified foreign workers, especially after the sudden arrival of the global Coronavirus pandemic.

Let’s look at some important facts:

• In June 2020, on grounds of health emergency, the Trump administration suspended the issuance of employment-based visas until 2021. Then, in early January 2021, just a couple of weeks before former President Trump left office, his administration extended restrictions on work visas until March 31.
• At the end of October 2020, the Trump administration proposed removing the H-1B visa lottery and replacing it with a wage-based election system (from highest to lowest). Then, in early January 2021, the Trump administration published this rule in the Federal Register and it was scheduled to take effect 60 days after publication.

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What is the H-1B Visa Lottery?

To fully understand the issue at hand, it is important to explain what the H-1B Visa Lottery is about.

Usually, the US issues 65,000 H-1B visas for qualified foreign workers annually. When the number of applications exceeds the annual limit, which happens almost every year, the system randomly approves the applications. This random selection process is the H-1B Visa Lottery.

Therefore, the Trump administration wanted to remove this Lottery and approve applications depending on wages, until completing the annual limit.

DHS postpones changes to H-1B Visa Lottery

During his political campaign, President Joe Biden, who took office on January 20, 2021, promised to remove Trump’s restrictions on the immigration system and expand alternatives for foreign workers, who, in his opinion, are constantly boosting the economy and are essential in times of crisis.

Initially, the Biden administration froze Trump’s restrictions on business immigration (specifically on H-1B visas) to have time to evaluate how to proceed assertively and implement different action plans to improve the immigration system.

Adding to that, on Thursday, February 4, 2021, Biden’s Department of Homeland Security (DHS) announced that the Final Rule for the wage-based H-1B visa selection process will be postponed until December 31, 2021 and the H-1B Visa Lottery will operate as normal this year, which gives “the USCIS more time to develop, test, and implement the modifications to the H-1B registration system and selection process”

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