Biden to let Trump’s H-1B visa ban expire in win for tech firms

By Jordan Fabian and Genevieve Douglas,

President Joe Biden plans to allow a pandemic-related ban on visas for certain temporary workers, enacted by former President Donald Trump, to expire Wednesday (March 31), according to people familiar with the matter.

The moratorium, which affected H-1B visas used by technology companies to hire foreign coders and engineers, was imposed last June. Biden is opting not to renew it, said the people, who asked not to be identified because the decision hasn’t been announced. The White House declined to comment.

Also read: Biden eager to fix ‘broken’ immigration system: White House

Biden’s decision will please business groups, which had pressured the administration to lift the ban ever since the new president took office. Executives have grown frustrated that the directive was not immediately revoked, arguing it hurt US companies.

Trump’s restrictions on guest-worker visas, which also covered non-agricultural seasonal labourers, au pairs and others, had been under review by the Biden administration.

Biden last month withdrew a related Trump executive order that stopped the issuance of new green cards, citing the pandemic -- a move that drastically cut legal immigration to the US Trump had argued the policies were necessary to protect the American economy as it emerged from the pandemic-induced recession.

Also read: Biden urged to rescind Trump-era ban on H-1B, other foreign work visas

“To the contrary, it harms the United States, including by preventing certain family members of United States citizens and lawful permanent residents from joining their families here,” Biden said in a presidential proclamation at the time. “It also harms industries in the United States that utilise talent from around the world.”

The ban on guest-worker visas was not revoked at the same time. Temporary work visas are unpopular with labour unions and other worker groups who argue that they put American workers at a disadvantage to their foreign counterparts.

Despite the Trump administration’s extension of the visa ban at the end of 2020, opponents of the restrictions had already found some success in court.

Also read: Biden Administration proposes 18-month delay in calculating prevailing wages of H-1B and other visas

A federal judge in California granted a preliminary injunction on October 1 in a lawsuit brought by several large business groups, including the National Association of Manufacturers and the US Chamber of Commerce. The groups argued Trump exceeded his authority by imposing immigration restrictions in his June 22 proclamation.

The Trump Justice Department appealed that ruling to the San Francisco-based US Court of Appeals for the Ninth Circuit. In February, the appellate court requested a status report from the parties by April 7.