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Trump Administration Tightens Scrutiny of Skilled Worker Visa Applicants (inc.com)

wyattstorch516 writes: The Trump administration is tightening the scrutiny on the H-1B visa program (Warning: paywalled; alternative source). Changes would undo actions by the Obama administration. There are two big regulatory changes looming that would undo actions by the Obama administration. "The first change allowed spouses of H-1B workers the right to work. That regulation is being challenged in court and the Trump administration is expected to eliminate the provision rather than defend it," reports WSJ. "The second change affects the Optional Practical Training program, which allows foreign graduates from U.S. colleges in science and technology an extra two years of work authorization, giving them time to win an H-1B visa. The Trump administration could kill that benefit or reduce the two-year window, according to people familiar with the discussions." The Journal highlights a "series of more modest changes that have added scrutiny to visa processing":

- "USCIS directed last month that adjudicators no longer pay 'deference' to past determinations for renewal applications. This means an applicant's past approval won't carry any weight if he or she applies for a renewal.

- The agency is conducting more applicant interviews, which critics say slows the system. The agency spokesman says this process will ramp up over several years and is needed to detect fraud and make accurate decisions.

- In the spring, the agency suspended premium processing, which allowed for fast-track consideration to those who paid an extra fee. This option wasn't resumed until October, meaning many workers who qualified for a coveted H-1B visa had to wait months for a decision.

- State Department officials have been told to consider that Mr. Trump's 'Buy American, Hire American' executive order directs visa programs must 'protect the interests of United States workers.' And the Foreign Affairs Manual now instructs officers to scrutinize applications of students to ensure they plan to return to their home countries. A State Department official said the official rules haven't changed but said a 'comprehensive' review is under way."

5 of 263 comments (clear)

  1. Do as I say, not as I do by JoeyRox · · Score: 3, Informative

    Trump's Mar-A-Lago gets approval to hire 70 foreign workers
    http://abcnews.go.com/US/wireStory/trumps-mar-lago-approval-hire-70-foreign-workers-51041012

  2. You fix H1-B's by not leashing the employee by Anonymous Coward · · Score: 3, Informative

    I'm a US citizen who just took a job in Japan and the system here is that once you get your visa, you can work anyone you want to work for the duration of the visa (1 year). After that time is up, your current employer has to sponsor you. It changes the dynamic because the employer knows they can't hold onto you so they they a) only invest in someone they really want and b) do what they can to make sure you are _happy_ working for them because they don't want to have to go through the whole process again. I'm not saying the system is perfect but if the company lied to me or treats me like crap I'm perfectly free to find another job (and people do).

    The current US system is going to be abused as long as it let's employers enslave employees. Ethics aside, as an employer you'd have to be stupid to ignore a relatively cheap pool of labor that legally bound to you for the years it takes most people to get a green card.

  3. Re: Mr. Trump's 'Buy American, Hire American' by Anonymous Coward · · Score: 0, Informative

    pretty much what the voters expect

    The voters (by a margin of 2.9 million) expected Hillary Clinton to be president.
    I guess neither of you are getting what you want today.

  4. Re: Mr. Trump's 'Buy American, Hire American' by Anonymous Coward · · Score: 1, Informative

    Electoral college landslide elected Trump, I guess you are too stupid to understand legal elections.

    You also seem to want a sex offender/rapist in the White House (Bill Clinton)
    Someone who takes bribes from Russia to sell US Uranium to them, Uranium One.
    Someone who colludes with Russia to affect the US elections, Fusion GPS.

    Its funny how ALL the reasons listed in the last year that "disqualify" Trump from being president have no proof, yet they do have proof for the Clintons doing them. Once that proof came out suddenly they weren't issues anymore. Just like a sex predator was unacceptable to be a Senator, right up until Al Franken photos leaked.

    You liberals have hit peak stupidity and haven't even realized how completely idiotic you sound now.

  5. Re:Insightful? Seriously? by sabbede · · Score: 4, Informative

    Parties predated the Constitution, as they are an inevitable byproduct of electoral democracy. Some of the founders hoped to avoid them, but they split into the Federalist and Anti-Federalist parties as the Constitution was being written. Primaries are an internal party matter, each makes its own rules and there was no need for either to be mentioned in the Constitution. The term Gerrymandering didn't exist until 1812 and States draw congressional districts. Corporate personhood is a fundamentally necessary legal concept that predates the Colonies, which were themselves incorporated. As are municipalities, churches, NGOs, unions, non-profits, etc. Their personhood is established in common law, and supported by the Constitutional rights to free association and making contracts.