Joe Biden administration announced on Tuesday that a Trump-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 of Donald Trump. Last year, in October, Trump made this now-removed change to “encourage” American companies to make “real efforts” to arrange employment for “real employees” from American population rather than hire foreigners as a “low-cost replacement” for qualified natives.
Specifically, a bachelor’s degree in the specific field related to the job was asked for instead of any degree.
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To the delight of countless foreigners looking to earn in dollars on the American soil, a Court vacated this order and now on orders of Biden the Department of Homeland Security has completely removed this rule from the Code of Federal Rules.
An immigration official from the Obama administration, Doug Rand provides insights claiming that as the lawsuits continue to pile up, and Biden administration continues its thoughtful approach to Trump-era regulations, other Trump-era H-1B rules may be wiped away as well.
In other words, speciality occupations under H-1B visas will return to what they were as if the restrictive rule of narrowing the definition of “speciality” never occurred.
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Technically, a speciality occupation means, “an occupation which requires theoretical and practical application of a body of highly specialised knowledge in fields of human endeavour…
and which requires the attainment of a bachelor’s degree or higher in a specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States.”
America grants 85,000 H-1B visas every year to make up for the shortage of qualified workers locally.
It must be clarified that companies have a vested interest in the old H-1B visa rules as foreigners cost them much less than an American citizen would. And those who get the H-1B visa are thankful for the opportunity to work and earn in the number one economy in the world. Further, since their stay in America is not as stable or guaranteed as American citizens, they create less problems and work just as hard and sincerely, if not more.
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Trump and other immigration experts were always on the lookout to prevent “immigration fraud” and within days of coming to power began enacting measures.
Pertinently, only two changes regarding immigration survive, and their future too is uncertain.
The first is ending the use of electronic lottery to select successful 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 get into America, Biden has removed the ban on entry H-1B visa holders during the COVID pandemic; and also cancelled an order denying work authorisation to spouses of H1-B visa-holders cleared for green cards.
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Further, keeping true to his poll promises, Biden is backing an immigration overhaul in which there will be no limits to green cards and, if enacted, will not only cut waiting time for applicants but also prevent their dependent children from “aging out” when they turn 21.
Immigration is a complex issue. Balancing the interests of native people along with a nation’s requirement of skilled personnel is always a tough ongoing task. While some nations like Canada have so much land and a thriving economy that they never run out of invitations to hand out to international students and Permanent Residency (PR) applicants, but the case of America is different.