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H-1B Rules Blocked: Your Perfect Opportunity to Apply for H-1B Visas!

Corey Lee Law - NYC Immigration Attorney > C.T.LEE & Associates Blog  > H-1B Rules Blocked: Your Perfect Opportunity to Apply for H-1B Visas!

H-1B Rules Blocked: Your Perfect Opportunity to Apply for H-1B Visas!

Great news for all the H-1B applicants out there! On Tuesday, U.S. District Judge Jeffery White of Northern District of California blocked both Trump administration policies that tighten the H-1B program.

2020 has been a challenging year for everyone, especially for H-1B applicants. The Trump administration has released several executive orders targeting the H-1B program. The most damaging ones were proposed in October when the Department of Labor drastically raised the prevailing wages, and the Department of Homeland Security redefined many terms that are critical in determining H-1B applications.

These rules change the fates of many applicants who were initially qualified for the H-1B criteria. The Department of Labor’s order is incredibly impactful because it doubled the prevailing wages for many positions, welcoming only the small percentile of workers that make top salaries. Although these rules are stated to serve the purpose of promoting U.S. citizens’ employment, they could trigger effects that are opposite to this intention. Businesses will operate at higher costs, and universities will lose vast numbers of students.

Companies and universities have recognized the consequences of these rules. They attempted to block the rule by filing lawsuits against the two agencies that implemented them.

On December 1st, the Northern District Court of California made decisions on lawsuits against the Trump administration filed by the U.S. Chamber of Commerce, universities including Stanford, and companies including Google, Facebook, and Microsoft. As a result of the court’s ruling, the two rules, one of which took effect on October 8th and the other scheduled to take effect on December 7th, are no longer valid.

Judge Jeffery White pointed out that the Trump administration did not show enough evidence that proved that the pandemic made it necessary to implement the rules without previous notice. The judge also believes that the foreign workforce will, as they have in the past, bring valuable talents and contributions, which will be crucial to the recovery of the U.S. economy.

This ruling is a massive relief for those looking to apply for H-1B visas. The rise in prevailing wages would have made it nearly impossible for those that do not earn top-level salaries to be qualified for the visa — minimum salaries were increased by 200% for certain positions. Companies could also have borne immense financial burdens.
The policies would also have been catastrophic for third-party site workers and international students. Many third-party site workers would have been unable to request H-1B visas with three-year validity periods. Instead, their visas would be valid for only a one-year maximum. International students working at positions not closely related to their academic degrees would have faced big rejection chances.

Losing power within less than 50 days, the Trump administration does not have enough time to appeal, issue the rules, then implement them, immigration experts have said. For those who are seeking H-1B visas, you can finally breathe a huge sigh of relief.

There is little possibility that the administration will announce any further hostile rules towards the H-1B program. With Biden’s friendly approach to immigration, it is safe to be optimistic about the trend in immigration policies for the next four years. This makes now the perfect time to prepare for your H-1B applications! Please do not waste this opportunity that we have all been long waiting for. Please contact us if you are planning on applying for an H-1B visa. Our well-experienced attorneys will tailor application strategies according to your situation to optimize your chance of pursuing a bright future in the United States. We are here to help!

 

史上最严H-1B政策判决结果出炉!千万不要放过现在完美的申请时机!

有意申请H-1B的朋友们,我们的春天终于到了!经过跌宕起伏的两个月,在本周二,美国联邦地区法官Jeffery White正式阻拦了特朗普政府在十月份颁发的H-1B涨薪及其他政策收紧规定。

2020年是糟心的一年,尤其是想申请H-1B的朋友们。特朗普政府从疫情开始就变着花样地出台各种规定。最有杀伤力的是劳务部和国土安全局在十月提出的两条政策。它们一条大幅提高了H-1B员工工资最低标准,直接磨灭了众多申请人获批的任何可能性、一条重新定义了许多对于判决H-1B申请十分重要的概念,对第三方工作场地员工和在与自己学习专业不匹配行业工作的学生造成了很大打击。

无数本来合乎标准的申请人在新的规定下都无法合格。劳务部的涨薪规定尤其夸张。经改革后,只有顶层收入人员才有把握拿到签证。官方宣布这些规定都是为了保护美国公民的工作机会才颁布,但考虑到多方原因,这项规定极大可能造成恰恰相反的结局。公司将会承受更大的成本,美国大学也将流失许多国际学生。

这些公司和大学也都意识到了这种结局。许多大学,公司,和机构都联手将特朗普政府告上法庭,拦截这些规定。

12月1日,美国联邦地区法庭宣判了由美国商会,包括斯坦福的多所大学,还有谷歌、Facebook、微软等公司所诉讼的案件。法官宣判特朗普政府所发布的两条规定无效,薪资标准将恢复之前的水平,H-1B签证将照旧审理。

Jeffery White法官认为特朗普政府没有拿出足够的证据证明这两条规定在疫情中的必要性,尤其是在没有提前通知的情况下。法官表示,优秀的外籍人才一直是美国发展的重要元素。在疫情后的经济重建他们的角色将尤为重要。

这次判决给了半年多来被摧残的H-1B申请人带来了希望。大幅上涨的薪资标准把无数申请者挡在了H-1B的大门外。如果你不是年入高薪的大佬,很大几率你费尽心思的申请只是陪跑。有些职位的薪资门槛被提高了两倍多。许多公司也会不堪重负,将运转移到海外,或面临亏损的惨淡命运。

第三方工作人员和留学生也都会是这项规定的牺牲者。第三方工作地点员工在规定生效后只能申请有效期最多一年,而不是三年的H-1B签证。而那些工作岗位和自己学术专业不紧密相关的留学生也会面临更大的被拒可能性。

也许你会担心,特朗普政府会不会在余下的时间里继续做出更大的政策改动?特朗普的任期只剩下短短50天。如果他要上诉,再签发规定,并且实行它们,五十天大概率上是不足够的。想要申请H-1B的小伙伴们,终于可以喘口气了!

政策终于恢复正常,特朗普继续作妖的可能性也不大。拜登上台之后对移民的态度基本确定是友好的。我们可以对将来四年的移民形势稍稍乐观一些,现在简直是准备H-1B申请的大好时机!如果你对H-1B申请流程有任何问题,我们的专业律师会为您做出详细的解答。我们会设计最适合你的申请策略,最大化你的成功概率。过去四年,我们等待政策放宽已经太久,小伙伴们千万不要浪费现在的机会,快快备战2021H-1B申请吧!

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