The US’ new president Joe Biden barricaded the rules of two travel bans issued by Trump’s administration on his first day of taking office. Biden issued a proclamation that revokes travel-ban against the people of some Muslim majority countries and some African countries from entering the US. Biden has not rescinded the Covid travel bans affecting H and L visas and certain immigrant visas, yet. Trump extended them until March 31, 2021.
Amid this dilemma, what relieves the H-1B visa holders is that the Biden administration will likely put a pause or ease certain restrictions brought in by the Trump rule about the H-1B program. Biden’s office issued a memorandum ordering the immediate withdrawal of all rules pending at the Federal Register and that have not been published yet.
Biden’s office also directed the agencies to consider postponing the effective dates of regulations that have already been published but not in effect, for 60 days from the memo’s date. This directive will make the final rule on H-1B by the Department of Homeland Security ineffective. The final rule that sought to redefine H-1B employer-employee relationship, LCA and H-1B petition requirements on third parties. The Department of Labor already withdrew the guidances that it has posted to support DHS’ published requirements from end-clients.
Also, the Department of Homeland Security rule allocating H-1Bs based on wage levels and DOLs’ increasing prevailing wages-rule could be withdrawn or implementation could be postponed.
Biden’s office also sent a New Immigration Bill to Congress and a formal announcement has been made by the White House. The New Bill has the following changes:
The New Bill may face a lot of opposition and it needs the support of at least 10 Republican Congressmen. Negotiations and modifications are likely while it could take many months to become a law.
This post was last modified on 27 January 2021 3:25 am
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