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New Rules for H-1B Visa Will Not Pass

By Ella Bergquist December 4, 2020 (Updated December 13, 2020) 1 min. read
H-1B Visa New Rules

Previously, President Trump has voiced his opinion on making the H-1B visa requirements more restricted. Recently, the Chamber of Commerce and others challenged the Trump administration’s visa rules issued in October. In October, the administration required US employers to pay foreign workers on the H-1B visa significantly higher wages than US workers. This would make it much more attractive to hire US workers for lower wages. They also intended to narrow the eligibility for the H-1B visa making fewer foreign nationals eligible.

Federal Judge Blocks Trump’s Strict H-1B Rules

On Tuesday, November 24, a federal judge threw out these two Trump administration rules that limited the H-1B visa for foreign workers. The US District Judge, Jeffery White, ruled that the administration failed to follow the correct legal process.

“The COVID-19 pandemic is an event beyond defendants’ control, yet it was within defendants’ control to take action earlier than they did,” White wrote.

“Defendants failed to show there was good cause to dispense with the rational and thoughtful discourse that is provided by the [Administrative Procedure Act’s] notice and comment requirements,” White concluded.

The Future for H-1B Visa in 2021

The US provides around 85,000 H-1B visas to high-skilled foreign workers who work for US-owned companies to improve the performance of those companies. Many of the H-1B visas go towards tech, engineering, or medical companies. The Trump administration has made many restrictions to different visas but they have gone after the H-1B visa specifically. With a new president coming into office in January 2021 we expect to see the H-1B visas under less scrutiny.

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Belinda Maraj

Our experience with the team at VisaPlace has been absolutely amazing. Special thank you to Nadia Bakhtiari whom we had the pleasure of partnering with. Nadia was attentive, empathetic, knowledgeable, professional, friendly and accessible. She provided guidance and kept us in the loop every step of the way. We were so impressed with the professionalism and exceptional client experience from VisaPlace that we partnered with them for both our PR application and our citizenship application. Thank you VisaPlace and thank you Nadia!

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betty klassen

We were switched legal teams 3 times within our time there.( This was not our doing) We weren’t impressed at all with the service almost all the way through our experience. Our review would have been 1 star. The response time was awful. To get in contact with our attorney was so difficult. And not thorough. Almost at the end, when we were almost ready to file, we got switched again, but this time, we are thankful. The attorney we got then was Andrew Diamond. He is fantastic and the reason for the 5 star rating. This is his rating. He was phenomenal. Absolutely amazing and prompt with response time and very knowledgeable, thorough and so helpful. We couldn’t have asked for better. Thank you Andrew for all you did for us!

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Arash Sorkhabi

I’m satisfied with the expertise and professionalism with which my case was managed and handled. I wanted to take this opportunity to thank the firm for its support. Although it has been a long process time due to Covid, Nadia has always been one of the first people to guide me step by step through the path during this stressful and unprecedented time. I strongly recommend VisaPlace to anyone seeking legal counsel.

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Sarb walia

I am thrilled to share that , We have just got our Permanent residence status under humanitarian and compassionate category. It was great experience to get professional service from visaplace. All team members very knowledgeable, hard worker, polite and professional. Special thanks to Yasmeen Ali, who always guide me through out processs. Its not easy task to get positive output in HM Category. I am highly recommend visaplace for any kind of immigration needs.

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Shannon Wilde

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Julia Rood

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Sanjida Prima

Had a great experience working with the people at VisaPlace for a Permanent Residency application! The team I dealt with (Nadia B., Krisztina T., Mansi S.) was extremely knowledgeable, prompt and handled the case with care. I would definitely recommend their services to anyone in need!