USCIS has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2021.
The US is on the brink of a Presidential transition, leaving employers to consider how business immigration will be affected by a new Presidential administration.
“This is the one area of immigration policy where the Biden team has put out sort of a lukewarm statement about his views on work visas, particularly high-skilled work visas,” Bier said.
In the past, when companies needed to hire new employees to fill important jobs, it usually required the physical relocation of talent. Immigration was always considered a way for growing companies to bring new labor or talent into a country, but it also required a lot of paperwork and process.
The recent proclamation suspended the entry of foreign nationals on H-1B, L-1, H-2B and (most) J-1 temporary visas until at least December 31, 2020. The plaintiffs argue that overrides Congress. “The proclamation is unlawful”
An analysis of immigration law and regulations, as well as recent administration actions, leads to the conclusion a combination of methods will be used to implement the restrictions.
The Trump administration may soon propose another set of immigration restrictions, this time on H-1B visas for foreign-born scientists and engineers.