Trump's Last-Minute H-1B Rules Under 60-Day Freeze

On January 8, the DHS issued a last-minute rule that made it so that only highly-paid workers would be permitted to work in the US with an H-1B visa, which was given out via lottery prior to the rule change. About a week later, the Department of Labor raised the required wage level for current H-1B holders. Both measures would decrease the influx of foreign skilled workers into the US, which the previous administration claimed would protect domestic workers.

At the same time, the US has historically benefited a great deal from the contributions of immigrant workers, innovators, and inventors. Securing talent from all over the world to build our nation was what take America from a series of small colonies to a world power within a relatively short time.

President Biden Freezes the H-1B Changes

The Biden administration has issued a freeze on these rules for 60 days, a move that is being supported by the American Immigration Council, the American Immigration Lawyers Association, and our firm. Our position continues to be that a person's contribution to our society isn't limited to wages, and allowing workers from all over the world to come to the US and build a life for themselves is to everyone's benefit.

However, a freeze is not a complete rescinding. More than half a million H-1B visa holders might be unable to renew their visas if the rule isn't rescinded and their employers don't raise their wages.

Unsure how this affects your H-1B visa application? Speak with The Law Offices of Lloyd E. Bennett Esq., P.C. in a confidential consultation today.