While heightened restrictions on employment visas are not new, the COVID-19 pandemic and high unemployment numbers have led the United States to restrict legal immigration at a greater rate and frequency.
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In light of the recent presidential proclamations suspending the entry of certain immigrant and nonimmigrant entrants into the U.S. until December 31, 2020, immigration attorney Sang Shin spoke on Jackson Walker’s Fast Takes podcast about what the April 22nd and June 22nd restrictions on H-1B, L-1, and other select visas mean for employers, how the nation got to this point, and what to expect for the remainder of year.
Listen to the interview:
“They didn’t eliminate visa categories. That’s obviously not possible under an executive order—only under Congressional action. But they are banning entry of individuals who hold certain visa classes so that they can give U.S. workers a head start,” Sang said. “What we’re hearing is there will be regulations coming down in the future. We’re looking at a major overhaul of the H-1B system, which will make it harder for them to get a green card at the same time.”
Sang noted that despite the increased regulations, Jackson Walker’s immigration practice continues to receive calls from companies seeking alternative options. He added, “Even with all of these changes, immigration is, as you can see, a constantly changing area of law. It’s not going to go away. And companies are still looking for alternative options for their foreign nationals to be in the United States.”
“Even with all of these changes, immigration is, as you can see, a constantly changing area of law. It’s not going to go away.”
For additional insights, view the following articles quoting Sang regarding the presidential proclamations and what the H-1B work visa restrictions mean for the banking and technology companies that rely on hiring foreign nationals to fill their employment needs:
- “Banks, fintechs weigh fallout from H1-B work visa restrictions,” Banking Dive (July 15, 2020)
- “How Trump’s latest H-1B visa suspension will impact hiring at tech companies,” TechRepublic (June 30, 2020)
- “Trump’s H-1B work visa ban creates six-month headache,” TechTarget (June 24, 2020)
Meet Sang
Based in Jackson Walker’s Houston office, Sang Shin is an experienced immigration attorney with a demonstrated history of successfully representing clients in their immigration matters. Sang advises clients through various immigration applications, including but not limited to: L-1, H-1B, TN, B-1/B-2, B-1 in lieu of H-1B, B-1 OCS, F-1, E-2, E-3, O-1, EADs, Advance Parole as well as PERM Labor Certification, I-140 Immigrant Petitions in the EB1, EB2 and EB3 categories along with Adjustment of Status and Naturalization. Sang also advises client through audits conducted by various government entities including I-9 Audits and review of LCA Public Access Files.
