New government data show the low unemployment rate in computer occupations contradicts Trump administration claims an economic emergency requires the quick implementation of new H-1B visa rules. A new analysis indicates the government’s own data do not support the claims made in the regulations, which makes it more likely federal courts will block the new rules.
On October 8, 2020, the Department of Labor (DOL) and the Department of Homeland Security (DHS) published “interim final” rules to restrict H-1B visas, asserting a “good cause” exception to the Administrative Procedure Act (APA) to allow the H-1B rules to go into effect quickly without permitting the public to comment. DOL and DHS cited
The rules tighten eligibility around foreign workers, so employers must meet more stringent criteria around the jobs they’re hiring for and how much they’re paying. That may make it harder for companies to receive H-1B visas as part of the annual lottery that awards 60,000 slots to foreign workers, not including renewals. The new rules follow a June order from President Donald Trump suspending a range of guest worker visa programs through the end of the year, with the White House citing domestic job losses during the COVID-19 pandemic as the motivator.
The tech and IT industries that rely on foreign talent now face more hiring restrictions
The Trump administration says the goal is to ensure companies