Proposed Changes to Rules for H1-B, H-4, and Various Other Visas

According to a recent Forbes article, the Department of Homeland Security (DHS) has issued a document that outlines the proposed rules that it intends to put into effect in 2020. These rules will have far-reaching implications for employers, international students, foreign workers and investors, and individuals who are seeking asylum.

First, DHS intends to further tighten the restrictions on the H-1B visa program for skilled foreign workers. Denial rates for this popular visa program already have quadrupled over the past four years. The DHS unified agenda states that it will continue to take steps to ensure that only the best foreign nationals obtain visas through this program. It intends to revise the definition of the employer-employee relationship for the visa program and ensure that U.S. employers are paying appropriate wages to these visa holders. These changes, which DHS already appears to be informally implementing, given the suddenly high denial rates, are harming IT services companies and positions for computer programmers, who seem to be subject to increased scrutiny in recent years.

Proposed Changes to Rules for H1-B, H-4, and Various Other Visas

Another aspect of the H-1B program that the Trump Administration long has vowed to change is the work authorization for many H-4 spouses of H-1B visa holders. Over the past several years, these individuals have received work permits that allow them to work in the U.S. while their spouses were H-1B visa holders, a feature that made the visa program much more attractive for many foreign nationals. DHS intends to publish the proposed rule in March 2020.

DHS also has announced proposed changes to the L-1 visas by revamping the definition of the employer-employee relationship and ensuring that U.S. employers pay these workers appropriate wages. U.S. companies report, however, that DHS already has cracked down on the L-1 visa program substantially. Informal policy changes to this visa program have led to 80 to 90% denial rates at U.S. consulates in India, and similar denial rates at U.S. consulates in China. Many of these denials are based on allegations by consular officials that U.S. companies should have only a limited number of employees with specialized knowledge. However, there is no basis in the law for this restriction.

The Trump Administration also is planning to move toward the elimination of the Optional Practical Training (OPT) program, which allows international students to work in the U.S. for limited periods in specific fields following graduation. Another change that could affect international students is the intention of DHS to block students from re-entering the U.S. for ten years if they violate their immigration status, even unknowingly, while attending U.S. colleges and universities.

An experienced Texas immigration attorney can help you with all aspects of immigration law. We are here to evaluate the facts surrounding your case and present your options. Finally, we can help you make the decisions that will be most beneficial to you based on your circumstances. Contact Peek & Toland at (512) 474-4445 today and see how we can help.

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Posted in Immigration Reform, Visas

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