The first two weeks of the Biden Administration have seen a flurry of activity indicating it will move away from the more restrictive immigration environment of the Trump era, including for employment-based immigration programs. This post summarizes some of the early actions the Biden Administration has taken.
The Biden Administration instituted a freeze on all pending and proposed regulations for a 60-day period of review. In its last several months, the Trump Administration had issued or proposed a series of new rules to change or restrict employment-based immigration programs. The implementation of these Trump-era rules has been put on hold while the Biden Administration decides how to proceed:
Other executive and agency actions that impact employment-based immigration programs include the following:
We expect the Biden Administration to continue to pursue a more open immigration policy, including with respect to employment-based immigration programs. Indeed, on his first day President Biden sent an immigration bill to Congress to reform and modernize the immigration system, including provisions for employment-based programs. Employers should continue to monitor the situation and work with their immigration counsel to understand any new policies and practices and how they impact foreign national employees.
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