Joe Biden administration announced on Tuesday that aTrump-era rule regarding H-1B visa which sought to narrow the definition of “speciality”for qualifying non-immigration short-term work visas has been removed.
This action cancels one more restrictive visa policy ofDonald Trump. Last year, in October, Trump made this now-removed change to “encourage”American companies to make “real efforts” to arrange employment for “realemployees” from American population rather than hire foreigners as a “low-costreplacement” for qualified natives.
Specifically, a bachelor’s degree in the specific fieldrelated to the job was asked for instead of any degree.
To the delight of countless foreigners looking to earn indollars on the American soil, a Court vacated this order and now on orders of Bidenthe Department of Homeland Security has completely removed this rule from theCode of Federal Rules.
An immigration official from the Obama administration, Doug Randprovides insights claiming that as the lawsuits continue to pile up, and Biden administrationcontinues its thoughtful approach to Trump-era regulations, other Trump-era H-1Brules may be wiped away as well.
In other words, speciality occupations under H-1B visas willreturn to what they were as if the restrictive rule of narrowing the definitionof “speciality” never occurred.
Technically, a speciality occupation means, “an occupationwhich requires theoretical and practical application of a body of highlyspecialised knowledge in fields of human endeavour…
and which requires the attainment of a bachelor’s degree orhigher in a specific specialty, or its equivalent, as a minimum for entry intothe occupation in the United States.”
America grants 85,000 H-1B visas every year to make up forthe shortage of qualified workers locally.
It must be clarified that companies have a vested interestin the old H-1B visa rules as foreigners cost them much less than an Americancitizen would. And those who get the H-1B visa are thankful for the opportunityto work and earn in the number one economy in the world. Further, since theirstay in America is not as stable or guaranteed as American citizens, theycreate less problems and work just as hard and sincerely, if not more.
Trump and other immigration experts were always on thelookout to prevent “immigration fraud” and within days of coming to power beganenacting measures.
Pertinently, only two changes regarding immigration survive,and their future too is uncertain.
The first is ending the use of electronic lottery to selectsuccessful petitions for H-1B visas and prioritise those getting higher wages;and paying the foreigners similar to what Americans would have been paid.
In further positive developments for people wanting to getinto America, Biden has removed the ban on entry H-1B visa holders during theCOVID pandemic; and also cancelled an order denying work authorisation tospouses of H1-B visa-holders cleared for green cards.
Further, keeping true to his poll promises, Biden is backingan immigration overhaul in which there will be no limits to green cards and, ifenacted, will not only cut waiting time for applicants but also prevent theirdependent children from “aging out” when they turn 21.
Immigration is a complex issue. Balancing the interests ofnative people along with a nation’s requirement of skilled personnel is alwaysa tough ongoing task. While some nations like Canada have so much land and athriving economy that they never run out of invitations to hand out tointernational students and Permanent Residency (PR) applicants, but the case ofAmerica is different.