Monday, January 30, 2017

Trump Can Fix H-1B Cesspool by Shortening Visas and Eliminating Renewals



At CIS.org  -- by John Miano  -- 

There are many things that President Trump can do to tweak the H-1B cesspool. Real reform would have to come from Congress. However, Obama demonstrated that a president may take extreme measures, not even authorized by statute, that many members of Congress approved of.

Fortunately, President Trump does not have to venture outside of the statutes to do a little cleanup to the H-1B problem. I have described other such potential actions previously.

For today I have another simple H-1B reform for President Trump: Shorten the length of the visa and eliminate renewals. Currently H-1B visas are valid for three years and can be renewed once for up to six years. Congress has only specified that H-1B visas can last up to six years. The three-year term and the one renewal is entirely a product of regulation. There is nothing to stop the Trump administration from, say, reducing the H-1B duration to one term of two years.

It is supposed to be a guestworker program after all.

Such a change in H-1B duration would require changing regulations, so it would take nearly a year to accomplish.

In the previous proposal I put forth that President Trump could replace the current purely random procedure for selecting H-1B petitions for processing with one that selects the petitions where the aliens will receive the highest wages

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