The Trump administration continues its offensive against work visas. She today announced significant changes in the allocation of H-1B visas that could see the number of beneficiaries decline. The changes concern both the definition of jobs likely to justify an H-1B and the level of minimum wages required.
The first rule announced by the Department of Homeland Security (DHS) aims to reduce the number of jobs qualifying for an H-1B by limiting the definition of “Specialty occupations” (specialized jobs) which make it possible to apply for such a visa. The H-1B program is provided for by law, so the administration cannot end it (Donald Trump’s promise) without going through Congress. But the definition of what these are “Specialty occupations” it falls under the administration and can therefore be modified by decree. From now on, “We are going to limit the definition, which is very broad today, which allows certain employers to abuse the system” DHS No.2 Ken Cuccinelli announced Tuesday at a press conference.
The second rule, enacted by the Department of Labor, will increase the minimum wage required for those H1B visa holders that the Trump administration accuses of making a “unfair competition”To American employees. “This is by far one of the most important reforms made to the H-1B program in the last 20 years ” welcomed Patrick Pizzella, Deputy Secretary of Labor to Donald Trump.
In total, officials estimate that up to a third of the files presented could be rejected as a result of this reform. The minimum wage rule will come into effect immediately; the one on the definition of specialized jobs in 60 days.
It should be noted that the issuance of H-1B being for the moment suspended until the end of the year, this reform will only apply in 2021, if the power has not changed by then.
