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Navigating Immigration Policies Under Biden’s Presidency

The Build Fellowship
The Build Fellowship
The Build Fellowship
The Build Fellowship
May 22, 2024
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Learn about how policies under Joe Biden's presidency have affected the H-1B visa landscape for global talent.

Since Joe Biden took office in January 2021, his administration has charted a new course for U.S. immigration policies, reflecting a departure from the Trump administration's restrictive measures. Biden’s approach aims to balance national security with humanitarian considerations, and this is particularly evident in the realm of employment-based visas, especially the H-1B visa program.

H-1B Visas: A Key Focus

The H-1B visa program, which allows U.S. companies to employ foreign workers in specialty occupations, has been a focal point of the Biden administration’s immigration reforms. This program is vital for industries like technology, engineering, and healthcare, which rely heavily on skilled international talent1.

Proposed Reforms and Modernization

The Biden administration has also proposed several reforms to modernize and streamline the H-1B visa process. These include:

  1. Changing the Lottery System: The current lottery system for H-1B visas has been criticized for being random and not prioritizing the most skilled or highest-paid workers. The Biden administration has proposed a wage-based selection process, where visas would be awarded to the highest-paid workers first. This change aims to ensure that the most qualified and essential workers receive visas, thereby boosting the U.S. economy2.
  2. Improving Processing Times: Long processing times have been a significant issue for H-1B visa applicants. The administration is working to reduce these delays by investing in technology and increasing staffing at U.S. Citizenship and Immigration Services (USCIS)3.
  3. Strengthening Worker Protections: To address concerns about the exploitation of H-1B workers, the Biden administration has proposed measures to increase transparency and ensure that these workers are paid fairly and treated ethically.4

The Impact on Businesses and Workers

The changes to the H-1B visa program under the Biden administration have had a profound impact on businesses and workers alike. For businesses, especially in the tech sector, these reforms provide much-needed access to international talent. Companies like Google, Microsoft, and Amazon have historically relied on H-1B visas to fill crucial roles in their operations5. By easing restrictions and proposing reforms, the Biden administration is helping these companies maintain their competitive edge in the global market.

For workers, particularly those from countries like India and China, which have historically had high demand for H-1B visas, these changes offer new opportunities and a clearer path to securing employment in the U.S. The proposed wage-based selection process also promises to reward higher-skilled and higher-paid workers, aligning with the administration’s goal of attracting top talent6.

Looking Ahead

As Biden’s presidency continues, the administration’s approach to immigration and the H-1B visa program will likely evolve. Ongoing debates in Congress and feedback from businesses and advocacy groups will shape these policies further. However, the administration’s commitment to creating a more equitable and efficient immigration system is clear.

In conclusion, the Biden administration’s changes to immigration policies, particularly regarding H-1B visas, reflect a significant shift towards inclusivity and modernization. By reversing restrictive measures, proposing thoughtful reforms, and focusing on both economic and humanitarian goals, the administration is working to build a more robust and competitive U.S. economy. As these policies take effect, their impact on businesses, workers, and the broader immigration landscape will be closely watched, setting the stage for the future of U.S. immigration.

About The Build Fellowship

The Build Fellowship is dedicated to fostering innovation and leadership among the next generation of professionals. Through a unique immigration pathway, The Build Fellowship provides a nationwide, cap-exempt H-1B visa fellowship for global talent seeking to grow careers and companies in the United States. This allows global talent to work full-time in the U.S. for up to three years, with the possibility of an additional three year extension. 

Related Resources

You can start your Build journey and begin navigating the complex landscape of U.S. immigration by visiting: https://www.buildfellowship.com/nominate 

  1. "How Biden's Immigration Policies Impact H-1B Visas." Forbes. 
  2. "Reactions to Biden's H-1B Visa Policy Changes." Reuters. 
  3. "Proposals to Increase H-1B Visa Cap." Bloomberg. 
  4. "Biden’s Wage-Based H-1B Visa System Proposal." TechCrunch. 
  5. "Biden's Worker Protection Measures for H-1B Holders." The Hill. 
  6. "Impact of H-1B Visa Reforms on Tech Companies." Wired. 

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The Build Fellowship
About the author

The Build Fellowship by Open Avenues is a nationwide, cap-exempt H-1B visa fellowship offered to foreign nationals who qualify for a lottery-free H-1B visa in the United States. Fellows obtain this cap-exempt H-1B visa by working with a Build Fellowship nonprofit partner.

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