The Yale-Stanford Immigration Policy Tracking Project lists over 900 executive actions on immigration since President Trump took office in January 2017. Many of these actions, whether or not related to employment-based immigration, have impeded employers and their noncitizen employees at virtually all skills levels and all fields.
President-elect Biden and Vice-President-elect Harris – in their campaign statements and transition materials – have promised to roll back many of the Trump era actions on immigration and pursue far-reaching executive actions and legislation to restore America’s promise as a country that values and welcomes immigrants. While some actions may come quickly and ease employers’ concerns, others may take time as a new administration settles in and other priorities take precedence.
To highlight what to expect under a Biden-Harris administration, Seyfarth partners Leon Rodriguez, Angelo Paparelli, Dyann DelVecchio Hilbern, and Gabe Mozes address a number of the key questions on employers’ minds:
What new policies might a Biden Administration pursue at the outset to enhance the talent pipeline to the U.S.?
Will recent Department of Labor and Department of Homeland Security regulations affecting H-1B beneficiaries be halted, rescinded or enjoined in litigation?
Will adjudication standards on immigration-benefits requests be eased to reduce obstacles to employment-based visas and work permits?
What will be the future of a recently proposed rule relating to "D/S" (duration of status) for F, M, J, and I visa beneficiaries?
What will happen to DACA and TPS (Temporary Protected Status)?
Will the stricter eligibility criteria for immigration and naturalization benefits, just published in the USCIS Policy Manual, remain in force?
This recording is eligible for CLE credit in CA, IL, NY, and NJ. Credit is pending in TX. All other jurisdictions will be applied for as requested, but please note that not all states allow for distance learning so some states will be ineligible. To request CLE credit, fill out this form and return it to CLE@seyfarth.com. If you have questions about jurisdictions, please email CLE@seyfarth.com. CLE credit for this recording expires on 12/6/2021.