WASHINGTON—The Trump administration announced an overhaul of the H-1B visa program for high-skilled foreign workers that will require employers to pay H-1B workers significantly higher wages, narrow the types of degrees that could qualify an applicant and shorten the length of visas for certain contract workers.
The changes, introduced by the Departments of Labor and Homeland Security on Tuesday, will likely make it tougher to qualify for one of the coveted visas.
Ken Cuccinelli, the No. 2 official at DHS, said on a news conference call Tuesday that he expects about one-third of H-1B visa applications would be rejected under the new set of rules.
Mr. Cuccinelli and Patrick Pizzella, the deputy secretary of labor, said the changes were necessary to protect American workers, whom the administration believes are being undercut by foreign workers on H-1B visas who are paid lower wages to perform similar jobs.
“America’s immigration laws should put American workers first,” Mr. Pizzella said, pointing to what he described as insufficiently stringent wage requirements on foreign workers in the H-1B visa program. “The result is U.S. workers are being ousted from good-paying, middle-class jobs and being replaced by foreign workers,” he said.
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The Trump administration is about to achieve what many see as its long-held objective of bringing the U.S. legal immigration system to a halt. While the administration would not be allowed to stop processing immigration applications without incurring legal action, critics say that through policy choices and mismanagement of U.S. Citizenship and Immigration Services (USCIS) it may accomplish the same goal.
“The federal agency tasked with offering citizenship, green cards and visas to immigrants is planning to furlough about two-thirds of its workers at the end of the month after Congress failed to reach a deal on a coronavirus stimulus package,” reported USA Today. “U.S. Citizenship and Immigration Services notified about 13,400 of its 20,000 employees that they would be furloughed Aug. 30 because of budget shortfalls.”
To better understand the impact of a USCIS staff furlough, I interviewed Doug Rand, who worked on immigration policy in the Obama White House as assistant director for entrepreneurship and is the co-founder of Boundless Immigration, a technology company that helps immigrants obtain green cards and citizenship. He is also a senior fellow and director of the Technology and Innovation Initiative at the Federation of American Scientists. Continue reading “Forbes – USCIS Staff Furloughs Will Grind Legal Immigration To A Halt”
A federal appellate court on Wednesday limited an order that had blocked the nationwide implementation of a controversial wealth test for green cards and immigrant visas, allowing the Trump administration to continue the policy in every state except New York, Connecticut and Vermont.
The U.S. Court of Appeals for the Second Circuit partially set aside last month’s ruling from a federal judge in New York, who said the so-called “public charge” test was hindering nationwide efforts to contain the coronavirus by discouraging immigrants from requesting public assistance, including medical treatment, during the pandemic.
U.S. Circuit Judge Peter Hall did not provide a reason in his one-paragraph order, which set aside the lower court injunction in every state but New York, Connecticut and Vermont. All three of those states had sued the Trump administration over the public charge rule. Continue reading “CBS News – Trump administration can enforce green card wealth test in most states, court rules”
The Trump administration will increase fees on businesses, new citizens and international students who need work authorization. The new fee rule from U.S. Citizenship and Immigration Services (USCIS) is the latest Trump administration action to restrict immigration to the United States and make life more difficult for businesses seeking skilled workers and individuals who want to be American citizens.
On July 31, 2020, the Department of Homeland Security (DHS) – USCIS is part of DHS – released to the public the final version of a fee rule first proposed in November 2019. The fees will go into effect on October 2, 2020.
“The significant fee increases on employment-based immigrant and nonimmigrant petitions are nothing more than new taxes on businesses that must be paid to meet their company’s workforce needs,” said Jon Baselice, executive director for immigration policy at the U.S. Chamber of Commerce, in an interview. “This final rule suffers from many of the same critical flaws included in the agency’s original proposal, and given the level of concern on the part of many companies with respect to those issues the fight over this rule is far from over.” Continue reading “Forbes – New USCIS Immigration Fees Hit Businesses, Citizens And Students”
Tens of thousands of undocumented immigrants who have been able to drive legally in Florida may be unable to get driver licenses again after the state quietly changed its identification requirements for obtaining licenses.
In mid-May, the Florida Department of Highway Safety and Motor Vehicles tightened its document requirements that outline what some immigrants must provide in order to get their driver licenses. It’s the most striking change of at least six that have been made in the past six months, making it almost impossible for people who are in the deportation process to legally drive — something they had been able to do before, according to internal documents obtained by the Miami Herald. Continue reading “Miami Herald – ‘License to live’: Florida quietly changed driver’s license requirements for immigrants”
A new class of plaintiffs claim President Donald Trump’s June 22 proclamation suspending U.S. entry by certain classes of visa holders is an attempt to “unilaterally rewrite the federal immigration laws” and exceeds the scope of his statutory authority.
Their revised complaint, filed Friday at the U.S. District Court in Washington, D.C., challenges the entirety of Trump’s proclamation. The president’s action extended a previous order barring entry to the U.S. for green card applicants. It also expanded the earlier order to include H-1B and H-4 visas, which are used by workers in specialty occupations and their families, as well as L visas for intracompany transfers and most J visas for work- and study-abroad programs.
Continue reading “Bloomberg Law – Revamped Suit Challenges Presidential Power to Bar Entry to U.S.”
California will become the first state to sue the Trump administration over guidelines issued this week that bar international students from remaining in the U.S. if they can take classes online, state Attorney General Xavier Becerra announced Thursday afternoon.
The lawsuit, which was expected to be filed Thursday in U.S. District Court for Northern California, seeks a preliminary injunction against enforcement of the new visa policy.
Under the directive, students on F-1 and M-1 visas “must depart the country or take other measures, such as transferring to a school with in-person instruction to remain in lawful status,” Immigration and Customs Enforcement said in a statement.
Those who violate the rules “may face immigration consequences including, but not limited to, the initiation of removal proceedings,” the agency said. Continue reading “NBC News – California becomes first state to sue Trump administration over student visa policy”
Harvard and the Massachusetts Institute of Technology filed a lawsuit in District Court in Boston Wednesday morning against the Department of Homeland Security and U.S. Immigration and Customs Enforcement, according to University President Lawrence S. Bacow.
The lawsuit seeks a temporary restraining order and preliminary and permanent injunctive relief to bar the U.S. Department of Homeland Security and Immigration and Customs Enforcement from enforcing federal guidelines barring international students attending colleges and universities offering only online courses from staying in the United States.
The guidelines would mandate that they transfer to an institution offering in-person instruction or risk “immigration consequences including, but not limited to, the initiation of removal proceedings.”
“The order came down without notice—its cruelty surpassed only by its recklessness,” Bacow wrote in an email to affiliates. “We believe that the ICE order is bad public policy, and we believe that it is illegal.” Continue reading “The Harvard Crimson – Harvard, MIT Sue Immigration Authorities Over Rule Barring International Students from Online-Only Universities”
The government announced Monday that international students will not be allowed to stay in the country if the institution in which they’re enrolled is holding online-only courses this fall, and those failing to comply with the rules will risk deportation.
Students on F-1 and M-1 visas who face such a situation “must depart the country or take other measures, such as transferring to a school with in-person instruction to remain in lawful status,” the Immigration and Customs Enforcement agency said in a news release.
Those who violate the rules “may face immigration consequences including, but not limited to, the initiation of removal proceedings,” the agency said. Continue reading “NBC News – U.S. says foreign students may have to leave if their school goes online-only”
Tweets of travel bans reverberate through deserted terminals. Consequences of visa cancellations echo in desolate embassies. Murmurs of work permit suspensions linger in empty dorms. For the more than 1 million foreign students in the United States, this threatened suspension would be devastating. I know this because I used to be one. Being an immigration attorney also makes me acutely aware of the turmoil this would cause.
Every year, foreign students flock to America in droves. They come for the world-class education, the ground-breaking research and the multicultural environment. The post-graduation work permit is a further draw. It is this work permit — known as Optional Practical Training — that now appears to be on the Trump administration’s chopping block to reduce immigration.
In a recent letter to the president, Republican Sens. Tom Cotton, Ted Cruz, Chuck Grassley and Josh Hawley called for the suspension of OPT, claiming there is “no reason” to allow these foreign graduates to apply for work permits. Ethical considerations aside, there is a plethora of economic evidence to support retaining the OPT program for current and future international students.
To read this article in full, please visit USA Today