Trump’s latest restrictions on H1-B visas - | Hudson McKenzie

Trump’s latest restrictions on H1-B visas

On 6th October 2020, the Departments of Homeland Security and Labour Rule published a press release which strikes fresh restrictions on the H1-B visa programme. This updated immigration policy is said to have an impact of great consequence for large tech firms and spark much criticism from companies such as Netflix and Twitter, who sponsor overseas migrant workers via this temporary visa route.

H1-B visas

The H1-B visa is a temporary worker visa route. It is granted to overseas workers to allow US companies to fill the gaps in their labour force and vie for top places in the global economy.

However, it appears that this visa route has been abused and not used for the purposes that it was created.  According to the US Department of Homeland Security under the Trump administration, data suggests that there are more than half a million H1-B visa holders who have replaced the need for US workers. In turn, this has manifested into lower wages for certain industries and occupations. It has been speculated that many large companies have used and continue to use the system as a way of hiring foreign labour, instead of their equally qualified American counter-parts because they are much cheaper and cost effective.

Considering that one of the Trump Administration’s main goals is to protect the employment of American workers, new measures to this programme have been announced so American workers are prioritised and for economic security.

The new rules

The following changes will be implemented to this visa route:

  • The tightening of the definition of “speciality occupation”. This is one of the eligibility requirements for this visa route.
  • The requirement for “real” job offers to be made to “real employees”. This means that it must be shown that offers were given to US workers before being handed to foreign workers.
  • Additional compliance measures to be taken, before, during and once a H1-B visa is approved and granted and worksite inspections.

Should you have any queries regarding the H1-B visa or require assistance with your visa application, please get in touch with a professional at Hudson McKenzie via email at londoninfo@hudsonmckenzie.com or by telephone +44(0)20 3318 5794.