December 18

Will Trump Stick It To The H-1B As He Walks Out The White House Door?

While the electors voted Joe Biden in as the next President of the United States, will Donald Trump attempt to further restrict H-1B visas and artificially hike wages for foreign workers after losing multiple federal cases on the regulations?

The answer is a definite maybe. Here is the background. Two Trump agencies, the Department of Labor, which artificially lifted wage requirements as high as 50% above the actual wage data collected by government sources; and the Department of Homeland Security that imposed new restrictions on the H-1B visas, suffered legal defeats in Courts in California and New Jersey because the attempted to implement the laws under the Interim Final Rule procedure.

The courts held the agencies did not meet the standard to bypass the notice and comment period because their rationale of an economic downturn failed when the facts that the tech industry, which comprises 66% of the issued H-1B visas, unemployment rate only increased from 2.5% to 3% during the pandemic.

But, if we know anything, it is that Trump does not accept losing lightly. He could still republish the wage rule as a file rule if it does it by December 20th. That will give it 30-day notice before it goes into effect. If filed after December 20th, it will likely be suspended by then President Biden.

But it may not be so easy. Judge White, who is presiding over the Northern California U.S. Chamber of Commerce case, did not make a final ruling, he tossed the regulations out on the technical issue on summary judgment but kept the substantive issues. Whether the wages are tied to real data, whether a lottery could be based on wage instead of timing of filing and how the former may impact jobs that are not in tech or in less populated areas. There are other rules that could make life hard on foreign students and taking away employment authorization from spouses of H-1B’s on H-4 visa. There are new rules on asylum and harder test for naturalization.

Will the Trump staff put the energy into these mean-spirited laws? If they do it will be difficult and time consuming for the Biden Administration to replace them as they will have to revise them and post them for notice and comment again.

 Main Benefits:

  • Strategic Immigration Insights
    The newsletter provides subscribers with valuable immigration strategies tailored to meet individual needs.
  • Updates on Immigration 
    Receive regular updates through the newsletter can be crucial.
  • Access to Expert Advice
    This direct access to professional insights can be invaluable for those navigating the immigration system.
  • Success Stories and Testimonials
    These stories can be inspiring and informative, providing practical insights.
  • Exclusive Offers and Promotions
    Subscribers get exclusive discounts, like 50% off for filling out a form.

Recent Immigration Articles

Check out these articles below

Trump’s $5M ‘Gold Card’ Visa: What It Means for HR Recruitment

Gold Card Visa Program Overview The Trump administration’s Gold Card visa program—granting permanent U.S. residency in exchange for a $5 million investment—marks a significant policy shift from the EB-5 system. Unlike the EB-5 program, which required investments tied to job creation, the Gold Card prioritizes wealth over employment impact. While it mirrors “golden visa” programs

Read More

Trump’s Immigration Policies and Legal Immigration: An Opportunity for Growth?

Former President Donald Trump’s immigration policies have sparked extensive debate, eliciting both support and criticism. While discussions have largely centered around illegal immigration and border security, it is important to recognize how Trump’s administration also introduced initiatives with potential benefits for legal immigration. Merit-Based Immigration A notable aspect of the Trump administration’s immigration strategy was

Read More

USCIS Announces H-1B Registration Dates for FY 2026

How to Prepare for the FY 2026 H-1B Registration Period To ensure a smooth and successful H-1B registration process, employers and legal representatives should take the following steps before the registration window opens on March 7, 2025: 1. Set Up or Update Your USCIS Account New Users: Create an organizational account on the USCIS online

Read More

USCIS Updates NIW Policy Guidance EB-2 Visa

Attorney Sidebar Immigrant Voices in Action Pros Clearer EB-2 guidelines Streamlined NIW process Opportunities for entrepreneurs Flexible case evaluation Cons Stricter evidence rules Higher scrutiny on NIW No automatic approvals tronger job relevance check Quick Fact: On January 15, 2025, USCIS updated its NIW policy, clarifying how skilled professionals and entrepreneurs can qualify for a

Read More