Biden Administration Immigration Actions

The White House decreed on Monday, January 18, that the entry bans on most of the European Union, the United Kingdom, and Brazil would end as early as January 26, just six days after Mr. Biden takes office, citing the decision last week by the administration to require international travelers to present either the results of a negative recent coronavirus test or evidence that they had already recovered from the disease.  President-elect Biden rejected the move, which means the curbs on incoming travel from these regions, which have been in place since March 2020, will remain in place after the inauguration.  “On the advice of our medical team, the administration does not intend to lift these restrictions on 1/26,” tweeted Jen Psaki, spokeswoman for the Biden administration, immediately after President Trump’s decree was issued.  “In fact, we plan to strengthen public health measures around international travel in order to further mitigate the spread of COVID-19.”
Continue Reading Gates Open, Then Shut – President-Elect Biden Says COVID Bans Will Remain In Place Despite Trump Executive Order

On the cusp of the transition of power to President Biden, the Trump administration is pressing forward with three separate rulemakings restricting the H-1B visa program, which employers rely on to hire foreign workers for specialty professions, including in the pivotal science, technology, engineering, and mathematics (“STEM”) fields. The new rules seek to substantially increase the price tag on engaging H-1B talent, narrow eligibility of foreign workers whose academic degrees are not singularly tied to their job role, restrict third-party worksite assignments, and tie the chances of being selected in what has become an annual lottery to those filling senior positions at higher wage levels.

H-1B visas are generally the only way highly educated foreign nationals, including international students, can become employment-based immigrants and contribute to research and development, scientific and technological advances, and new businesses. If the Trump administration rules are allowed to stand, employers will face significant operational challenges, as all H-1B filings – including amendments, extensions, and new cap-subject petitions – will be affected.

The Biden administration will have several tools at its disposal to circumvent the suite of H-1B rules, as well as any other rules issued during the lame duck period between the election and the inauguration – so-called “midnight rules.” These include:
Continue Reading Late-Breaking H-1B Rulemaking By Trump Administration Subject to “Midnight Rule” Rollback by New President