Potential Immigration Changes in 2019
The Trump administration’s future immigration intentions were recently announced in their semi-annual Unified Agenda. The Unified Agenda lists possible regulations under development by federal agencies for the coming year. The announcement indicates the administration’s plans to impose tighter restrictions on employment-based immigration benefits, such as the H-1B, H-4, and Optional Practical Training (OPT) for F-1 students.
The agenda specifies the administration’s intent to make the following policy changes in connection with Trump’s “Buy American, Hire American” executive order:
H-1B Eligibility: Redefining what a “specialty occupation” is for H-1B visa purposes to “increase the focus on truly obtaining the best and brightest.” The proposal would also “revise the definition of employment and employer-employee relationship to better protect U.S. workers and wages.” This includes “additional requirements to ensure employers pay appropriate wages to H-1B visa holders.” The rule would also impose additional restrictions on H-1B dependent employers that rely on large H-1B workforces and those employers who have H-1B employees working off-site.
H-1B Lottery: Revising the H-1B visa lottery system to establish an electronic pre-registration program for cap-subject H-1B applicants.
H-4 Work Authorization: Elimination of the regulation that allows H-4 visa holders (spouses of H-1B visa holders) to apply for work authorization. The Trump administration has already proposed a rule to remove this Obama rule which has provided work permits to thousands of H-4 spouses.
Fee Increases: Increasing USCIS filing fees for employers and applicants filing for employment-based immigration benefits (including H-1B registration fees) and international students and U.S. universities.
Periods of Stay for F-1 Students: Limiting the maximum periods of stay for F-1 students and other nonimmigrants.
Adjustment of Status: Changing the process and procedures for foreign nationals to adjust from nonimmigrant status to lawful permanent resident status.
International Entrepreneur Rule: Eliminating President Obama’s International Entrepreneur Rule which allowed qualifying foreign startups and entrepreneurs to apply for U.S. work authorization to grow their startup and create jobs.
These announcements do not currently modify or rescind any of the above mentioned immigration programs, and any changes to immigration policy can only be accomplished through notice and comment of proposed rulemaking in the federal register. This means that individuals and companies that may be affected by potential policy changes will have an opportunity to submit comments to the government before the policy becomes effective.
As always, individuals and employers who may impacted by any of these potential changes should contact us with questions on how to best prepare.