This article was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers, of which Loan Huynh, Fredrikson Immigration Department Chair, is a member.
The Trump administration recently published its regulatory agenda, and it is far-reaching and comprehensive. Of interest for employers, the proposals would redefine the term “specialty occupation” to dramatically narrow the types of occupations that qualify for H-1B; eliminate the H-4 employment authorization document, dramatically increase the compliance burden and redefine the parameters of the L-1 visa; narrow the scope of post-degree optional practical training for foreign students, and increase oversight of the EB-5 program.
Many of these proposals will likely be challenged in court. Employers and their counsel should be ready to challenge these rules as appropriate.
