The U.S. Department of Homeland Security announced an interim final rule designed to strengthen the H-1B nonimmigrant visa program for U.S. workers.
The H-1B program was designed to allow employers to fill gaps in their workforce; however, it has now expanded far beyond that, often to the detriment of U.S. workers. More than half a million H-1B nonimmigrants in the United States have been used to displace U.S. workers. This has led to reduced wages in a number of industries and the stagnation of wages in certain occupations.
The rule seeks to combat the use of H-1B workers to serve as a low-cost replacement for otherwise qualified American workers. Specifically, it will narrow the definition of “specialty occupation” so that companies can’t “game the system.” It will also require companies to make “real” offers by closing loopholes and preventing the displacement of the American worker. Further, it will enhance DHS’s ability to enforce compliance through worksite inspections.
“We have entered an era in which economic security is an integral part of homeland security. Put simply, economic security is homeland security. In response, we must do everything we can within the bounds of the law to make sure the American worker is put first,” Acting DHS Secretary Chad Wolf said. “The Department of Homeland Security is honored to take this important step toward putting Americans first and to continue to implement President Trump’s agenda to keep our economy secure.”
The interim final rule will be effective 60 days after its publication in the Federal Register.