Near the end, Trump officials published two regulations to restrict H-1B visas and prepared a third rule for publication. Biden’s administration started off the first day by signing many executive orders that directly impact Trump-era Immigration.
On January 8, 2021, the Department of Homeland Security (DHS) published a final rule to end the H-1B lottery system. This rule was scheduled to be in effect within 60 days. In the proposed rule, DHS predicted no individuals paid Level 1 wages would be selected for H-1B petitions. Only 25% of the Level 2 individuals would have been selected.
However, with Donald Trump losing the election, President Biden is doing everything possible to withdraw/undo all the sufferings occurred during the Trump-era
The White House Chief of Staff, in a memorandum, said all the rules introduced by Trump that have been published in the Federal Register, but not taken effect, will be postponed for 60 days. Rules that have not been published in it, will be withdrawn immediately for review and approval.
The following rules and policies will be affected:
- The rule requiring selection of H-1B workers based upon highest salary – FROZEN for 60 days (until March 21, 2021) or more.
- The rule redefining employer-employee relationships for H-1B purposes – WITHDRAWN.
- The Department of Labor (DOL) policy requiring end clients to be involved in and take responsibility for the H-1B process – should be WITHDRAWN.