Although it didn’t always make headlines, the Trump Administration took an intensive effort to change the U.S. immigration system through the implementation of many “fixes” within the USCIS policy manual, as well as regulatory changes within the DHS and DOL. The Biden Administration has sought to undo most of these changes, however the process, like other governmental affairs, is long and drawn out.
In this blog, we will pay special attention to work visas, and go through a list of actions that have been initiated by the Biden Administration as well as Trump era policies that are still in place.
Fee to Register H1-B Petitions
There is currently still a fee for employers to register an H1-B petition for a prospective foreign worker looking to come to the United States. The Biden administration has made little mention that they plan on undoing this policy.
H1-B Deference Policy
Thanks to the current administration, as well as a new Director for the USCIS, the agency has reinstated principles that go back to 2004 with regard to deference. Currently, USCIS officers are allowed to defer to prior approvals when adjudicating petition extensions, as long as there has been no material changes to an applicants resume.[1]
22-Program Expansion of STEM OPT
Earlier this year, the Biden administration expanded the OPT—Optional Practical Training program for non-immigrant STEM graduates. The expanded criteria includes new fields including economics, data science, and climate science. For a full list of all of the new programs that are included in STEM OPT now, please see the following link.
Increasing H2-B Visa Numbers for FY 2022
H2-B visa temporary workers in the U.S. often fill seasonal demands in many different states around the U.S., primarily for winter and summer seasons. H2-B workers are essential workers in many circumstances, and due to the labor shortage caused by Covid-19, the U.S. drastically needed more workers at the end of 2021 and the start of 2022. So far, 20,000 extra visas have been added to this program for the current FY.
USCIS Issues Clarifying Guidance on the O1-B Visa
The Biden administration has cleared up some problems with the adjudication process for those non-immigrants seeking an O1-B visa—which corresponds to individuals with extraordinary abilities in the arts. New material added to the USCIS policy manual makes new references to encompass online content and streaming services.[2]
Easier Processing of Work Permits for H1-B Spouses
The USCIS has made an important change with H4 dependents who currently hold an EAD (work permit). This change entails the USCIS to grant an automatic extension for such work permit holders so long as they have an unexpired visa.
