Trump Moves to Tighten Visa Access for High-Skilled Foreign Workers

Some critics suggested that the changes, which came less than a month before the election, were politically motivated.

“Why this, why now, and why is it an interim final rule?” said Theresa Cardinal Brown, the director of immigration and cross-border policy at the Bipartisan Policy Center. “There’s no estimate of the amount of jobs this would actually free up for U.S. workers. It’s a bank shot at best.”

The Labor Department rule, which takes effect upon publication, would increase wages across the board for foreign workers, based on surveys of salaries in each profession. Companies would have to pay entry-level workers in the program in the 45th percentile of their profession’s salary rather than the 17th percentile. Wages for higher-skilled workers would rise to the 95th percentile from the 67th percentile.

“It will also likely result in higher personnel costs for some employers,” according to the Labor Department rule. “The purpose of protecting U.S. workers outweighs such interests and justifies such increased costs,” the agency added.

But Stephen Yale-Loehr, a professor of immigration law at Cornell Law School, said the rule would have the opposite effect.

“By increasing the required wages, the new rules will harm all employers trying to hire foreign workers, but especially start-up companies and smaller firms who may not be able to meet the increased wage requirements,” he said.

The Department of Homeland Security’s rule, which takes effect in 60 days, would also tighten the eligibility for visa applicants. The rule would require the foreign workers to have a degree in the “specialty occupation” they apply for, rather than any college degree. Some would also need to show how their studies provided “a body of highly specialized knowledge” for a potential job in the United States.