WASHINGTON - The Trump Administration announced Tuesday the most significant changes to the temporary H1-B visa program in two decades, with the goal of protecting American workers who, according to the federal government, are being displaced by foreign labor.
Changes to the temporary visa program include
an increase in the minimum wage for foreign workers and restrictions on the eligibility criteria for obtaining the visas
.
These changes will affect at least a third of the requests for H-1B visas, indicated high-ranking administration officials.
During a conference call with journalists, two high-ranking officials from the departments of Labor and Homeland Security, respectively, argued that
the new restrictions are intended to protect American workers from competition from foreign labor.
Leo Wang, a tech company worker who could leave the country because of visa changes, in San José, California.
AP / AP
This regulation “is by far one of the most significant reforms to the H-1B visa program in the last 20 years” because, under the current system, “American workers are being eliminated from high-paying middle-class jobs, and replaced by foreigners ”, said the Undersecretary of Labor, Patrick Pizzella.
[I have to renew my H1B visa, does Trump's executive order on immigration affect me?]
“In some cases, wages have stagnated, and that is a mistake;
the Department (of Labor) is taking steps to end this abuse… US immigration laws must put Americans first, ”he added.
How does Trump's suspension of work visas affect Latinos?
A Mexican activist responds
June 24, 202001: 34
For his part, Acting Undersecretary of Homeland Security Ken Cuccinelli said that some US employers have abused the H-1B visa program by bringing foreign workers to the United States because of its low cost and to pay them less.
Therefore, he continued, the government considered it a priority to publish this new interim regulation
in response to the economic damage caused by the COVID-19 pandemic.
Specifically, the Government will substantially modify how it defines “specialized occupations” under the program;
it will require companies to hire "real employees" and prevent the displacement of US workers
; and it will strengthen compliance with the law through inspections at work sites throughout the visa application process.
The authorities did not specify what penalties they would impose on companies that disobey the regulations.
Who can benefit from H-1B visas?
The H-1B program applies to employers who hire foreign workers in certain specialties, or as role models with high merit and skills.
[What should a person who has a work visa and loses his job do, the lawyer Alma Rosa Nieto responds]
Under the program, the federal government grants a certain number of visas
to foreigners with specialized knowledge and with at least a university degree.
Can my visa be canceled if I stayed the time limit in the US due to the pandemic?
Sept.
3, 202001: 14
According to the Department of Homeland Security (DHS), the program was established with the idea of helping companies “plug the holes” in their workforce without losing their competitiveness in the global economy.
However, the program has expanded to the point that foreign workers are displacing Americans.
DHS data indicates that
more than half a million foreigners with H-1B visas have displaced Americans
, which, according to the agency, has depressed wages in many areas of the economy and the labor market, and stagnant wages in certain occupations .
Regulations regarding the new wage rates
will go into effect Thursday
, while eligibility reviews will take effect in 60 days.
/cloudfront-eu-central-1.images.arcpublishing.com/prisa/R5YJ3MNWQRCGTFO4MKHLQKANJI.jpg)
/cloudfront-eu-central-1.images.arcpublishing.com/prisa/G4OEMXTF6RR2AKIQQXRTVTF37U.jpg)