The majority of Trump’s propositions appear more prone to affect vulnerable lower-skilled workers— notably a pledge to deport millions of undocumented immigrants and a boundary wall between the US and Mexico. But his contradictory statements on the H1B plan have stirred uncertainty and anxiety among workers like Garnier. Trump has said that he wants to keep highly skilled workers in the US but said of the H1B plan in a disagreement, “ It’s not fair, and we should stop it.”
“I have a client who was attempting to obtain an O-1 visa,” said Greg Mankins, an attorney based in Austin, referring to a group open to individuals who demonstrate “extraordinary ability” in fields such as arts, sciences or sports. “She was an athlete from Europe who was quite satisfied. And she said she’d got choices on earth and that this is not the best time to be coming to the U.S.”
Trump’s website promises “new immigration controls to foster wages and to ensure that open jobs can be obtained to American workers first.” Also, it guarantees to decide immigrants “based on their likelihood of success” and financial self-sufficiency, and to “check applicants to ensure they support America’s values, institutions, and people.”
Under the Immigration and Nationality Act of 1952, the president has got the ability to forbid entrance for “any class of aliens” to the nation considered “detrimental to the interests of the United States” for any period.
He suggested Trump replace the H-1B “lottery” if there are more applicants compared to cap permits — a common occurrence — using a method that gives preference to workers who are offered the highest wages or raise the wage standards that prospective employees has to be paid to be able to qualify. “That undercuts the use of H-1Bs for low-cost labor,” he said.
The plan requires employers to pay H-1B workers a so-called “prevailing wage,” which is occasionally lower than the market rate for a given role.1 The manner Trump sees it; H1B visas amount to your loophole that enables companies to keep wages down.
“They can develop a more inhospitable environment where they are not too quick to approve cases,” said Herman from Austin Cleaning Service, WGE. “I’ve heard chatter that they might issue new rules on H-1Bs — crack down on H-1B fraud. Possibly boost the salary which has to be paid. They can do stuff with the H-1s if they desire.”
While developing a wall on the southern border and Trump’s vows to crack down on illegal immigration drew the most attention throughout the campaign, the president-elect may have the ability to move faster on his promises to go after legal immigration programs about skilled guest workers.
The growth of H1B visas is one of the few pieces of immigration reform policy which has bipartisan support in Congress. That gives the program the way some fear to folks like Enrae Jace hopes that gut to be noted by Trump. Jace is the co-founder of Enrae Design; an Austin firm helping immigrant entrepreneurs with the stated aim of creating 100,000 American occupations. Many of Enrae’s portfolio founders, who employ American workers, are not unable to do this because of the H1B visa.