The Trump administration announced additional immigration reforms on Tuesday aimed at making it more difficult for skilled foreign workers to acquire visas.
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The changes are the latest effort by the Trump administration in recent months to crack down on the use of visas as part of its broader attempt to limit the flow of foreign workers.
The Department of Homeland Security (DHS) is expected to publish regulations targeting H-1B visas that are granted to skilled workers and are common in the tech industry. Recipients can typically stay in the United States for multiple years.
The rules, which will go into effect in 60 days, would heighten requirements for businesses that hire foreign workers on H-1B visas, according to details reviewed by The Hill. The changes may be challenged in court.
The updated regulations redefine "specialty occupations," limit the validity of an H-1B visa to one year for a worker placed at a third-party worksite, and increase enforcement tools to police companies that do not abide by H-1B rules or cooperate with site visits.
“We have entered an era in which economic security is an integral part of homeland security. Put simply, economic security is homeland security,” acting DHS Secretary Chad Wolf said in a statement. “In response, we must do everything we can within the bounds of the law to make sure the American worker is put first.”
At the same time, a new Department of Labor rule is slated to go into effect requiring employers to increase what they pay H-1B recipients in an effort to discourage companies from undercutting American workers.
Administration officials argued that the H-1B visa program had been abused at the expense of American workers, and they seized on the ongoing economic effects of the pandemic to argue the timing was right to crack down.
“Companies that have used the H-1B program have been incentivized to avoid hiring Americans… so that they can replace them with cheaper foreign labor and that abuse will end with this new rule,” Ken Cuccinelli, DHS acting deputy secretary, said on a call with reporters on Tuesday.
The DHS rule will affect over one-third of H-1B petitions. Although that does not mean an automatic rejection of the petitions, the “vast majority of them will in fact be rejected just as a statistical matter,” according to a senior department official.
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“A big part of why we’re putting out the rule is to respond to the recent shock to the labor market,” a senior department official said.. ----
The rule was done without a public comment period and as an interim final rule (IFR) in order to expedite how quickly it can go into effect.
“Given the damage done to the economy by COVID and the need to get Americans back to work was the focus of the basis to do this as an IFR,” a senior department official said.. Waral dи,
Immigration hawks hailed the move as overdue.
“While the current unemployment crisis triggered these regulatory reforms to the H-1B program, we expect that these changes will be long-lasting," Dan Stein, president of the Federation for American Immigration Reform, said in a statement. "Once these protections for American workers are firmly in place, it will be very difficult for any future administration to reinstate the ability of employers to deny jobs and undermine the wages of U.S. workers."
The rule changes build on President Trump's executive order in June to suspend the issuance of certain temporary worker visas through the end of 2020. That order applied to H-1B visas, H-2B visas, H-4 visas, L-1 visas and certain J-1 visas.
The Trump administration has justified its crackdown on foreign work visas by arguing that American workers should be prioritized amid the economic downturn caused by the coronavirus pandemic.
. 1point 3 acres
Business groups promptly filed a lawsuit over the executive order, arguing that the U.S. has benefited from temporary worker visa holders.
Critics point to the timing of the changes so close to Election Day to argue that the moves are politically motivated and intended to shore up support among Trump's base.
单纯通过读这篇报道得到个人理解和一些可能需要关注的问题：. 1point3acres
1. The updated regulations redefine "specialty occupations," limit the validity of an H-1B visa to one year for a worker placed at a third-party worksite, and increase enforcement tools to police companies that do not abide by H-1B rules or cooperate with site visits。
如果真这么改，大概并不会影响来自ICC的申请数量，限制icc从业者的h1b的有效期对需要靠icc上岸的人来说影响很大。。。本来三年opt+extension，申请h1b之后就变成一年了，怎么延期呢？不知道如果上岸之后，怎么转成正常h1b。
2. At the same time, a new Department of Labor rule is slated to go into effect requiring employers to increase what they pay H-1B recipients in an effort to discourage companies from undercutting American workers. 具体涨多少也没说明，但我觉得改到目前l3标准的可能性应该不大。3. The rule changes build on President Trump's executive order in June to suspend the issuance of certain temporary worker visas through the end of 2020. That order applied to H-1B visas, H-2B visas, H-4 visas, L-1 visas and certain J-1 visas. 这个前几天不是已经有判例了，不是很明白到底怎么判的，但政策落地之后，肯定会遇到巨大的阻力。
The Department acknowledges that the existing wage levels – set at approximately the 17th, 34th, 50th, and 67th percentiles – have been in place for over 20 years, and that many employers likely have longstanding practices of paying their foreign workers at the rates produced by the current levels. Adjusting the levels to the 45th, 62nd, 78th, and 95th percentiles represents a significant change, and may result in some employers modifying their use of the H- 1B and PERM program.
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