On December 31, 2020, the Trump Administration issued Presidential Proclamation on Suspension of Entry of Immigrants and Nonimmigrants Who Continue to Present a Risk to the United States Labor Market, continuing restrictions on certain work visa and green card issuance through the end of March 2021.  Citing improved but still persistent unemployment figures caused

Executive Summary

The Trump Administration has introduced long-anticipated changes to the H-1B visa program for highly-skilled foreign workers, aimed at tightening eligibility for STEM talent working at major US employers, including by imposing a rigid requirement that any job offered to an H-1B worker require a single specific degree in a subspecialty, and that each H-1B candidate have that specific degree to qualify.

The changes, some of which come under immediate effect and all of which will likely face legal challenges, would make it tougher for applicants to qualify for an H-1B visa and significantly more expensive for employers to sponsor them for H-1Bs or for green cards.

The changes also will create high barriers for vendor partners to provide talent to major customers, as both the expense of new wages and specific requirements for vendors to renew their H-1Bs annually (or more frequently if statements of work provide for shorter periods), raise their costs substantially.


Continue Reading Trump Administration Issues Two New Rules to Restrict H-1B Visas and Increase Expenses for Employers Sponsoring Highly-Skilled Workers for Visas and Green Cards

The White House has announced issuance of two new rules, both of which will take effect immediately upon publication in the Federal Register:

  1.  The Department of Homeland Security’s H-1B rule,  “Strengthening the H-1B Non-immigrant Visa Classification Program,” which has been on the DHS regulatory agenda for many years, including its first appearance in Fall 2017

In a media release issued on July 6, 2020, Immigration and Customs Enforcement (“ICE”) announced a rollback of the protections it afforded to foreign students in light of the COVID-19 outbreak. The July 6 release announced that foreign students will no longer be eligible for F-1 visas or to remain in the United States

In June, the Trump administration announced a temporary suspension of H1-B and other US work visas. This decision has already had repercussions for corporate legal departments—larger workloads and new logistical hurdles, for starters. Liz Stern, who leads Mayer Brown’s Global Mobility & Migration practice in Washington DC, shares her insights in a July 2 article

President Trump is expected to issue an executive order in the next several days either eliminating, or significantly limiting, the availability of non-immigrant visas in categories of substantial importance to US companies (H-1B visas for specialty occupation workers, L visas for intra-company assignees, and other related categories), as well as eliminating or substantially curtailing the