Forbes Analyzes USCIS' Policy Changes for Employers

3/8/2018

Today Forbes published an article entitled, Attorneys: Trump Team Wraps Immigrants And Their Employers In Red Tape. The article examines some of the obstacles the Trump Administration has created for employers who seek to employ foreign nationals.

For its article, Forbes interviewed Goel & Anderson's Managing Partner, Vic Goel, regarding USCIS' recent policies and regulations directed at companies that employ H-1B visa holders and other foreign workers. Mr. Goel noted USCIS' imposition of new requirements through policy changes under President Trump's Buy American and Hire American executive order has occurred without providing the public, including employers, with prior notice or the opportunity to comment. Instead, Mr. Goel stated, [USCIS] is effectuating draconian changes by issuing new policy memos instead of revising or withdrawing existing regulations or issuing new regulations that would require public input. The result is a loss of predictability for businesses seeking to employ foreign nationals in the United States. He continued: Ironically, President Trump's and the Republican Party's platform was based on minimizing government regulation, but today on immigration they are telling companies how to run their businesses.

Mr. Goel also explained that new regulations have made it difficult for employers seeking approval of an H-1B petition if the visa holder will work at a third-party client site, a change that companies in the information technology services, management consulting, healthcare, and staffing fields will feel most acutely. He also noted that USCIS' policies could result in more work being performed outside of the United States as the Trump Administration continues to complicate doing business within its borders. Finally, Mr. Goel noted the "devastating effect" that USCIS' rescission of a policy affording deference to its own prior approvals has had on individuals seeking extensions of their H-1B status and the companies that employ them, even in cases where no change in the terms of employment has occurred.

Please contact your Goel and Anderson attorney if you have any questions.