As the November U.S. election approaches, various regulatory plans have been announced. Recently, the U.S. Department of Homeland Security announced an interim final rule that will strictly limit the professional background requirements for applicants and shorten the visa duration for some applicants. This new rule will officially take effect 60 days after its publication in the Federal Register. Subsequently, the U.S. Department of Labor also announced a new rule requiring employers to increase the compensation for H-1B visa beneficiaries to prevent companies from laying off U.S. employees; this new rule officially took effect on October 8.
The newly announced policies are being called the strictest work visa policies in U.S. history. U.S. Department of Homeland Security officials stated that after the new rules are implemented, about one-third of applicants will be rejected, and in reality, more than 90% of students may lose their eligibility to apply. The specific changes in the new rules are as follows:
Significantly increase minimum wage requirements. According to the new rules, visa applicants' positions are divided into four levels from entry-level to senior-level, and wages must reach 45%-95% of the prevailing industry wage! The increase in wages means a disguised increase in the threshold for H-1B applications. If a visa holder's salary is below the minimum standard, their H-1B extension application will be directly denied. For fresh graduates, it is extremely difficult to earn such a high salary immediately upon graduation.
Significantly restrict professional background requirements for applicants. According to the new rules, the major of an H-1B applicant must be directly related to the work they perform. In other words, an applicant's job must match their field of study to be eligible for an H-1B visa. For example, a software developer with a degree in electrical engineering would not be able to obtain an H-1B visa, even though both are engineering disciplines with commonalities; furthermore, if a job can be performed by someone with any general major (e.g., business management, liberal arts, etc.), it is not considered a specialty occupation.
Significantly shorten the visa duration for contract workers. According to the new rules, the H-1B visa duration for foreign workers employed by third-party companies is shortened from 3 years to 1 year. During the approval process for H-1B applications, the Department of Homeland Security will enhance enforcement capabilities through worksite inspections and monitor corporate compliance.
In recent years, the Trump administration, which has consistently pursued an "America First" policy, has continuously tightened H-1B visas. This new rule further raises the threshold for H-1B visa applications, which is undoubtedly a double blow for international students who wish to stay and work in the U.S. through an H-1B visa. According to data from U.S. Citizenship and Immigration Services (USCIS), the denial rate for initial H-1B work visa applications in fiscal year 2019 was as high as 32%, compared to only 10% in fiscal year 2016 during the Obama administration, and the denial rate remains high.
In addition, the policy of restricting students from mainland China from studying in the U.S., adopted by the U.S. in recent years, has also highlighted its impact under the dual pressure of the COVID-19 pandemic. According to reports, only 8 Chinese students received student visas to the U.S. in June, and 8 received visiting scholar visas. Compared to the same period, these two figures were 34,001 and 5,736 respectively in June 2019. Studying in the U.S. will become increasingly difficult.
We remind you that educational planning and status planning should come first. Given the current situation and the series of restrictions and new policies from the Trump administration, the path to immigrating to the U.S. is becoming narrower. Therefore, for those planning to immigrate to the U.S., it is even more important to seize the opportunity, make reasonable arrangements, and plan ahead to obtain U.S. permanent residency to reduce the impact of U.S.-related policies and remain prepared for any changes.
Currently, the EB-5 investment immigration route is highly favored by investors due to its relaxed application conditions, such as no language requirements and no "immigration jail" (physical presence requirements). The Yellowstone Club Phase II EB-5 project, one of the few high-quality projects on the market that allows for low-cost immigration to the U.S. at $900,000, is a superior choice for investors. This project combines many outstanding advantages, such as having already received dual approval from the immigration authorities, having already exceeded employment creation requirements, having repayment secured by assets worth five times the investment, and having transparent fund supervision, which greatly protects the interests of investors and is highly popular among them.
2020 is the year of health planning; health planning and status come first! Good projects do not wait. If you regret missing the $500,000 investment immigration opportunity, you must not miss the $900,000 investment immigration opportunity. High-quality projects are rare, so book early. For project details, please consult: Mainland China: 400-138-2929; Hong Kong, China: (852) 2802 8798.
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