US group opposes Joe Biden administration’s demarche on H1B visas

An American group on Thursday opposed the decision of the Biden administration to reverse certain decisions of the previous Trump administration regarding H-1B visas, in particular the return to the lottery system for the granting of this work visa most sought after for foreign tech professionals. .

The rule, Changing the Registration Requirement for Petitioners Seeking to File H-1B Cap-Subject Petitions, requires the United States Citizenship and Immigration Services (USCIS) to prioritize foreign workers on them. highest paid and most qualified for H-1B visas. thus guaranteeing American companies access to the best pool of foreign workers, while discouraging the suppression of wages and creating unfair competition against American workers.

In its comment submitted to the Department of Homeland Security, the Federation for American Immigration Reform (FAIR) claimed that the Trump administration’s implementation of the rule would reduce abuse of the H-1B program by unscrupulous employers while protecting American workers.

Founded in 1979, FAIR is the country’s largest immigration reform group.

“FAIR strongly supports the substance of the final rule and urges DHS to implement the rule without delay. As DHS has reiterated throughout the rulemaking process, prioritizing salary levels in the registration selection process prompts employers to offer higher salaries or to apply for more. higher skills and more qualified foreigners who correspond to higher salary levels, to increase the likelihood of selection for a possible petition, ”note the comments.

“President (Joe) Biden often presents himself as a ‘working class’ man who is a tireless advocate for American workers,” said FAIR President Dan Stein.

“Yet his administration is set to postpone, for at least a year, a major rule change that prevents unscrupulous employers from using the H-1B program to cut U.S. wages while ensuring that companies that really need skilled foreign workers have access to the best and the brightest, ”he alleged.

Current DHS policies require USCIS to select entries on a purely random basis, using a lottery system, when the application for H-1B visas exceeds the numerical limit set by law, note the comments.

“This random lottery selection process does not put any weight on wages or skill levels and does not ensure that companies actually have access to the best and brightest workers possible. Worse, the lottery creates a scenario where American workers could be replaced by foreign workers who can be paid much less or have significantly lower skills, ”said Stein.

FAIR urged DHS to implement these crucial reforms without undue delay.

“This final rule will allow DHS to more effectively protect American workers from foreign labor competition at a time when American workers need protection more than ever. be exacerbated if employers are encouraged to continue to underpay H-1B recipients due to a current outdated and illogical salary structure, ”he said.

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