Sat. May 15th, 2021

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Biden can overturn Trump’s H1B visa restrictions with executive orders

2 min read
Nonimmigrant Petition Adjudications

H1B Visa Restrictions: Joe Biden as the next President of the United States, the expectation is that it will soon be possible for bankers and technologists to enter the country on H1B visas once more. However, anybody searching for clues on Biden’s aims on immigration won’t discover much on the new administration’s Transition site launched yesterday. It fails to mention visa issues entirely.

Additionally, they have been some doubt concerning whether Biden will have the option to make progress on immigration policy without control of the Senate. Nonetheless, this appears to be misplaced. Biden should be able to change the H1B visa rules utilizing executive orders, says Philip C. Curtis, an immigration lawyer who sources the visas for corporate customers.

“A lot of Trump’s changes made via adjustments to the current guidelines and the reinterpretation of existing laws,” says Curtis. “None of it was done through the legislative process.

Trump H1B Visa Restrictions

Joe Biden’s potential for action on H1B visas comes after Trump made two major changes this year. In June, he famously gave an order suspending the entry of extra workers through the H-1B, H-2B, J, and L nonimmigrant visa program. Claiming that visa workers were going up against American workers in a difficult economy. Additionally, in October Trump tightened H1B visa requirements with an executive order expressing that H1B visa holders. Also, it should have been earning a salary equal to the 45th percentile of their calling’s profession’s salary. If they are an entry-level worker, then rising to the 95th percentile for higher-skilled workers.

[Pro-immigration Regime May be More Balanced]

After promising to revoke Trump’s H1B visa boycott in July, Biden could in theory overturn these requirements with the executive orders. He’s required to unveil on the first day of his administration. However, the elected president was supported in September by different senior figures in the technology industry. Who protested what they described as Trump’s discouragement of “the most brilliant individuals in the world”. Who was unable to work in the United States by virtue of the immigration restrictions.

If the H1B boycott is lifted, investment banks and flexible investments are probably going to be among the beneficiaries. Finance firms typically recruit H1B visa holders into technology and quant jobs. And argue that it’s hard to find down sufficient high-caliber staff for these niche positions in the U.S.

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