We shouldn’t expect Donald Trump to visit the Statue of Liberty for the fifth consecutive year and celebrate America’s tradition as a nation of immigrants. But Donald Trump will no longer be president after January 20, 2021, and Joe Biden is expected to see immigrants as a positive force and enact policies that reflect this.
Regulations, Proclamations and Executive Orders: The Trump administration implemented many policies through memos, executive orders and proclamations. It will be easier than undoing regulations to address those policies.
A new regulation that is “final” and has generally come into effect can only be reversed through a new round of notice and comment to withdraw the rule or as part of a litigation settlement.
Another category of regulations is those made final, but with an effective date when Joe Biden becomes president after Inauguration Day (January 20, 2021). “William Stock of Klasko Immigration Partners said in an interview, “The new president usually executes an executive order pushing the effective date of any rule not final on January 20 by 60 days. That makes it possible for them to figure out which to let go into effect and withdraw. Before its effective date, they can withdraw any rule from publication. They need a new rule after its effective date to change it.” We should know all the immigration regulations in this category by January 20, 2021.”
To suspend the entry of almost all categories of immigrants in an April 2020 proclamation and H-1B, L-1 and other temporary visa holders in a June 2020 proclamation, the Trump administration used 212(f) of the Immigration and Nationality Act. For many employers, successful litigation stopped the June 2020 action, but difficulties experienced at U.S. consulates have limited the ruling’s impact.
Trump extended the two proclamations until March 31, 2021, on December 31, 2020, even though the unemployment rate in computer occupations in November 2020 was 2.3 per cent, compared with 3.0 per cent in January 2020. To rescind the proclamations, the Biden administration would not need to go through the regulatory process. In an interview, Jesse Bless, director of litigation at the American Immigration Lawyers Association, said, “Biden will only have to find that the suspension of entry applicable to certain foreign nationals is no longer harmful to the interests of the United States.”
In an interview, Jesse Bless, director of litigation at the American Immigration Lawyers Association, said, “Biden will only have to find that the suspension of entry applicable to certain foreign nationals is no longer harmful to the interests of the United States.” Jeffrey Gorsky, senior counsel at Berry Appleman & Leiden and a former State Department attorney, said in an interview, “All executive orders can be rescinded immediately without the need for notice or comment.” “Also, it is standard practice to rescind 212(f) travel bans without delay, notice or comment, which are usually based on foreign policy concerns.”
“I believe the initial approach of the Biden administration to immigration will be to clean up the Aegean stables, and it is difficult to see how much more they can do than repair them in the first year,” Gorsky said. The challenges are huge: restoring asylum and refugee programs, dealing with U.S. financial distress. Citizenship and Immigration Services (USCIS) and the overcoming of huge backlogs in applications resulting from intentional slowdowns in processing and incompetent management.
H-1B and L-1 Visas: Joe Biden, if he enacts or continues anti-immigration policies on H-1B and L-1 visas, will not be a pro-immigration president. H-1B visas are generally the only way for highly educated foreign nationals to become employment-based immigrants and eventually American citizens, including international students.
Research shows that restricting H-1B visas pushes more jobs outside the United States, can prevent a green card from being obtained by the next job-creating founder of a billion-dollar company, and deprives America of the significant contributions made by immigrant children: 75 per cent of the 2016 Intel Science Talent Search finalists had parents who worked on H-1B visas in America.
If a Biden administration adds to or continues policies that saw almost quadrupled H-1B denial rates during the years of Trump, it will harm the competitiveness of the U.S. company and deal another blow to U.S. universities seeking to regain international students. To attract and retain international students, the capacity to work after graduation is crucial.
About 75 per cent to 80 per cent of full-time graduate students at U.S. universities in key technology fields are international students. With first-time freshman enrollment down 13 per cent for all students in Fall 2020, U.S. businesses in the coming years will face further hiring difficulties.
H-1B and L-1 visa restrictions can inhibit economically significant foreign direct investment “to acquire, set up, or expand U.S. businesses,” which, according to the U.S., declined by a startling 37.7 per cent between 2018 and 2019. Commerce Department.
The Trump administration and certain Democrats and Republicans in Congress have been targeting information technology (IT) services companies in recent years. In keeping systems running for medical, energy and other sectors of the U.S. economy, these businesses provided essential services during the pandemic. The evidence indicates those services will become more critical in the future.
According to Axios and the World Economic Forum, “Some 84 per cent of employers are set to digitalize work processes rapidly.” Experts such as Peter Bendor-Samuel, CEO of the Everest Group, say that information technology company with specialized skills generally have to make digital changes that make U.S. businesses more competitive.
Many Trump officials and some in Congress may lack an understanding of how large IT companies currently operate, believing that it involves “leasing” employees to customers when such companies send H-1B professionals or native-born employees to customer locations. Today, these businesses primarily work on projects that provide solutions in which IT professionals collect on-site information for a transition to a new contract or engage in work that uses the IT company’s proprietary products to provide services.
U.S. businesses receiving services often prefer to have tech professionals come on-site for cybersecurity reasons because it helps protect the information, said one executive, making it more burdensome to send on-site individuals can make data less secure by making cybersecurity a secondary priority. More services, including outside the United States, would be delivered off-site. On both the left and the right, immigration opponents ignore the existence of a global labour market. “After tweeting, Sahil Lavingia, founder of the 24-person e-commerce start-up Gumroad, heard from hundreds of job seekers that when determining wages, he would no longer consider geography,” the Wall Street Journal reported. “Mr Lavingia said many of the tech workers he has heard from are based outside the U.S.—in India, Nigeria, Singapore and Eastern Europe.”
“The position of Biden about H-1B visas is mixed,” Jeffrey Gorsky said. He seems receptive to growing numbers, but he may also try to implement some aspects of the Trump plan, such as prioritising wage-level priorities. H-1B Democratic critics see it as a threat to U.S. labour, so there may be reform attempts that are a mix of greater flexibility with more enforcement measures.
When deciding to keep or withdraw a series of U.S. visas, the Biden administration will send an early signal on H-1B visas. Memos, directives and regulations of the Citizenship and Immigration Services (USCIS) prevent H-1B visa holders from working in the United States.
International Students: A recent survey found that during Fall 2020, “new enrollment of international students physically in the United States declined by 72 per cent,” greater than the 43 per cent drop in foreign enrollment overall because students started online overseas. If Covid-19 keeps international students from entering the U.S. in the spring, that increases the risk for universities. It raises the stakes for the Biden administration in fall 2021 to adopt sufficient policies to attract students. The ‘melt’ could be significant if there is no ability to come in the spring,’ said Alan W. Cramb, president of the Illinois Institute of Technology.
The Trump administration is leaving behind rules inviting comments on that limit on international students’ stay period and eliminating the H-1B lottery. The student rule relies on faulty DHS reports on overstay rates for students. It is likely that the regulation to terminate the lottery is illegal and favours well-established professionals over international students and others who enter the U.S. labour market.
“Students are the one program that is likely to receive strong support under Biden, so Optional Practical Training (OPT), including the extension of Obama STEM (science, technology, engineering and math), which was under constant threat during the Trump administration, is now secure,” Gorsky said. OPT and STEM OPT are essential, but many students hope to gain H-1B status for long-term work in America.
Donald Trump is no longer going to be president. Still, his immigration policies will continue unless Joe Biden changes them to those that are consistent with the traditions of an immigrant nation.