Latest Restrictions on Business Immigration

The latest restrictions on the H-1B Visa

The current administration’s goal to decrease business immigration

Immigration was, and still is, one of the main pillars of the political campaign and identity of President Donald Trump and his slogan “Make America Great Again”, which aims to protect sovereignty and local population.

To fulfill this political promise, the Trump administration prioritizes reducing immigration. For instance, business immigration is one of the president’s main targets. He states that foreign workers tend to have better opportunities and possibilities than American citizens.

The Trump administration had the alternative of considerably restricting the business immigration sector after the arrival of the global Coronavirus pandemic to the North American territory, since, under the premise of a health emergency, governments have the right to implement emergency measures to protect the health system and the local population.

Therefore, the sanitary crisis allowed the Trump government to increase restrictions and requirements for companies to be able to hire highly qualified foreign workers through the H-1B Visa program.

The latest restrictions on the H-1B Visa

In an attempt to protect local workers and lower the unemployment rate, the current administration of the US proposed new policies that would decrease chances to obtain an H-1B visa for qualified foreign workers.

1. Increase salary for foreign workers

The Trump administration claims that American workers do not have the same opportunities because foreign workforce tends to be less expensive. Thus, companies take advantage of the immigration system to pay lower wages to foreign workers.

Therefore, in early October, the Department of Homeland Security (DHS) stated that local companies must offer foreign workers the same wages they would offer to an American worker.

In fact, the “Online Wage Library” is already updated with new wages for foreign workers, which resemble those of local workers.

2. Reduce the range of “Specialized Occupation”

The Trump administration plans to redefine the term “Specialized Occupation”, so that only certain professions can apply for the H-1B Visa. In this way, approximately one third of business immigration applications sent to the US Citizenship and Immigration Services (USCIS) would be rejected.

3. Remove the H-1B Visa Lottery

The USCIS has an annual limit for H-1B visa applications. Therefore, when applications exceed the limit, the USCIS system randomly chooses the applications that will be accepted.

However, in late October, the Trump administration proposed eliminating the H-1B Visa Lottery and replacing it with a wage-based election system. In other words, applications would be approved starting with the highest salaries until completing the annual limit of 65,000 H-1B visas.

Seek reliable help for your immigration case

If you follow legal guidelines and submit a strong application, you will very likely receive a positive response from the USCIS. To achieve this, it is essential to seek reliable help from experts, who will guide you through the process, answer your questions when you need it and help you choose the right process and fulfill your dreams in the US.

Thus, 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.