Biden organization starts switching Trump's damage on H-1B and immigration
As he had promised, Joe Biden went to work immediately after getting sworn in on January 20. His group set out to invert the damage the Trump period did to H-1B visas and to the US immigration system.
The Trump Organization had made changes through three sorts of activities
- policy changes,
- regulatory changes, and
- executive orders.
Each sort of activity requires a different sort of approach for reversal.
Reversing Regulations, Policy, Executive Orders
On January 20, The White House Chief of Staff issued a reminder that coordinates the agencies to take some actions and “consider” (more pleasant way of saying - do it) certain others.
The affected policies and rules will be :
- The rule redefining employer-employee relationships for H-1B purposes - WITHDRAWN.
- The rule requiring the selection of H-1B workers based upon the highest salary - FROZEN for 60 days (until March 21, 2021) or more.
- The Department of Labor (DOL) policy requiring end clients to be involved in and take responsibility for the H-1B process - should be WITHDRAWN.
Biden also marked an official order reversing the ban on travel from certain Muslim nations. The immigration ban that Trump had extended to March 31, 2021, isn't withdrawn yet.
To attempt the reversal of rules and policy, on January 20, 2021, the White House Chief of Staff issued a reminder that coordinates the agencies to:
- Solidify publication of rules that have not yet been published.
- Solidify the making or publication of all new rules.
- Solidify for 60 days (until 31 Walk 2021) the rules that have been published, but have not yet taken impact, expressing further for the organizations to:
a) consider opening a 30-day comment period to permit interested parties to provide comments about issues of fact, law, and policy raised by those rules.
b) consider pending petitions for reevaluation involving such rules.
c) where necessary to proceed to review these questions of fact, law, and policy, and consider further delaying, or publishing for notice and comment proposed rules further delaying, such rules beyond the 60-days period.
d) undertake further deliberation before taking any action on or beneath those rules that raise considerable questions of fact, law, or policy.
Reforming Immigration Laws
The Biden Administration has moreover sent a legislative package. The detailed documentation isn't available yet, but the package of proposed changes incorporates the following:
- Clearing employment-based green card backlogs, and eliminating per-country visa caps
- Making it simpler for graduates of U.S. universities with advanced Science, Technology, Engineering, and Mathematics (STEM) degrees to remain in the United States
- Proceed to provide dependents of H-1B visa holders work authorization
- Preventing children from “aging out” of the system when they turn 21 years of age
- Making a pilot program to invigorate regional economic improvement, authorizing the USCIS to adjust green cards based on macroeconomic conditions
- Incentivizing higher wages for non-immigrant, high-skilled visas (like H-1B) to prevent out of line competition with American workers
- Providing easier routes for foreign students who get US STEM degrees
Politically, this is a great time for immigration laws to be redone and modernized. Concluding from different surveys conducted over the last two years, 70% of the US population considers immigration to be important for the United States. Democrats, that's Biden’s party, have the majority (in spite of the fact that a thin one) to pass laws and be effective.
Further, looking back upon the history of endeavored immigration law changes, the last major comprehensive immigration bill was passed by the Senate, but not by the at that point Republican-controlled House. Most of the Republican representatives who were in favor of that bill are still active individuals of the Senate. There should be bipartisan support for most of the essential thoughts embodied in the Biden proposition. These thoughts were moreover a part of the last failed reform.
The speed, effectiveness, and expertise shown by the Biden group make it unavoidable that we will see brilliantly and well-considered administration of laws and policy for at least the next four years. That itself is a great affirmation for businesses and people to create plans with a sense of repose.