October 12, 2020

Court Strikes Down White House Visa Ban For Some Employers While WH Imposes Stricter Visa Rules

As The Wall Street Journal has reported, a federal judge recently blocked the Trump administration from enforcing an entry ban on various types of nonimmigrant workers who planned to enter the United States before December 31, 2020.

The decision impacts four types of visas: H-1B, H-2B, L-1, and J-1. H-1B visas are available to high-skill workers; H-2B visas for short-term seasonal workers in landscaping and other nonfarm jobs; J-1 visas for short-term workers including camp counselors and au pairs; and L-1 visas are available for internal company transfers.

Companies should be aware that the judge’s ruling only impacts businesses that are members of the U.S. Chamber of Commerce, the National Association of Manufacturers, and two other trade associations that were co-plaintiffs in the suit. Citing the impact of the coronavirus pandemic, President Donald Trump issued  the ban in June 2020.

In related news: on October 6, the U.S. Department of Homeland Security (DHS) and U.S. Department of Labor (DOL) proposed new rules that will further restrict the ability of American companies to meet their workforce needs with skilled foreign workers.

Under the DHS H-1B program rule, the federal government would have been able to implement more stringent eligibility requirements for H-1B workers and impose new compliance burdens upon various H-1B employers.

The DOL prevailing wage rule would have forced companies to pay significantly higher wages for various immigrant and nonimmigrant workers.

Click here to read the White House’s order regarding these visa types. Click here to read more from DHS about its rule and click here for more information from the DOL on its regulation.