Donald Trump’s administration makes a final attempt to push through immigration changes
2 min read
US President Donald Trump’s government is making a last endeavor to push through some long-standing immigration changes in its last few weeks in power.
In its Fall Agenda 2020 published on Friday, the Department of Homeland Security (DHS) lists proposed changes to the H-1B and H-4 visa programs. Which has been on Trump’s immigration plan throughout the previous four years.
However, given the steps engaged with the lawmaking process, legal experts don’t expect these agenda items to go through.
The Unified Agenda is a half-yearly regulatory plan that gives a roadmap of planned federal rulemaking across different agencies.
In November, the DHS issued a proposed rule to amend the way H-1B petitions would be enrolled. Organizing them according to the highest wages paid.
The comments period for this ended on December 2, and the agency intends to notify a final rule by 1st January 2021, according to the plan.
Last attempt to push through immigration changes
The other item is the changes to the definition of a specialty occupation. And other limitations under which an H-1B visa can be given.
These changes are planned to guarantee that the H-1B program. Appropriately supplements the U.S. workforce and strengthens U.S. worker protections, it said.
This had been presented as an Interim Final Rule in October. Which was later struck down by a US district court as the due process had not been followed.
The new rules called for higher pay requirements and narrowing the scope under which an H-1B visa could be given.
[One more US court rules against H-1B wage hike rule]
Legal counselors said the agency could open up these rules to public comment prior to publishing them as a Final Rule. Even if it goes through, it will probably be challenged in court.
The Fall Agenda once again calls for doing away with employment authorization for spouses of H-1B visa holders. Those who are in the US on an H-4 visa. This Obama-era employment authorization rule has been on the DHS plan for a couple of years yet is still at the Proposed Rule Stage, making it probably not going to be passed while Trump is still in power.
