How to Win Playing by the Rules
Last year, President Biden’s Department of Labor (DOL) proposed a rule that would harm Americans employed in Science, Technology, Engineering, and Mathematics (STEM) occupations by making it easier for employers to discriminate against U.S. workers in favor of foreign workers on H-1B visas.
The proposal intended to do away with the PERM process which currently requires employers to demonstrate two key criteria: (1) no qualified and willing U.S. worker was available for the job in the specific location, and (2) the foreign worker will not adversely affect the wages of U.S. workers in similar occupations. Instead, the rule would designate STEM occupations to a "Schedule A" list, exempting them from the PERM process under the premise of a major labor shortage.
The rule-making process included an information collection request (ICR) seeking public comment, providing an opportunity for an active and informed citizenry to influence policy. Over 1,800 comments were submitted from diverse sources, including the Semiconductor Industry Association, Google, CATO Institute, Economic Policy Institute, and individual citizens.
But our organization and others such as Economic Policy Institute, Center for Immigration Studies and many citizens also submitted comments. People like Corvin and Henry made their voices heard, with Corvin writing, "This policy is greedy, ignorant, and short-sighted and should not be passed under any circumstances." Henry shared his personal struggle: "I have been looking for a new position for over 6 months and have only heard back from one company despite being prompt and qualified for every position I apply for. My friends and peers report similar experiences. Moreover, domestic computer science university programs are thriving, releasing more young talent each semester. My alma mater no longer accepts transfers or major changes into computer science due to overwhelming demand."
I believe largely because of the comments against the rule, the Biden administration ultimately did not publish their final rule, effectively ending the proposal.
Can We Turn Back the Hands of Time
Before President Trump was inaugurated on January 20th, the Biden administration had implemented a new H-1B visa rule on January 17, 2025 with significant implications. This rule would:
Require the Trump administration top approve all H-1B visa renewals
Loosen the definition of "specialty occupation"
Expand employer cap-exemption criteria
Ease foreign students' transition to H-1B work visas
However, hope remains for reversing these changes. The Congressional Review Act provides Congress the ability to disapprove and end newly enacted regulations within 60 legislative days (around May 2025). This would require approval from both the House of Representatives and the Senate, followed by presidential signature. There is precedent for such action, with both Republicans in 2017 and Democrats in 2021 utilizing this process.
And to this end, Republican Representatives Jodey Arrington, Riley Moore, and Keith Self cosponsored a resolution of disapproval. More legislative action is needed to put an end to this rule, but they are on the right track.
A Rule Change to Get Behind
For the past few decades, the administrative rule making process seems to have only worked against America’s working/productive classes. But the Trump administration appears to be turning the tables.
The Department of Homeland Security (DHS) recently submitted an information collection request in the Federal Register for a proposed rule regarding STEM Optional Practical Training (OPT) students. The proposed changes would introduce critical transparency measures:
Require a comprehensive planning document detailing:
Terms and conditions of practical training
Obligations of three involved parties (F-1 visa student, SEVP-certified school, and employer)
Collect, for the first time, how much foreign STEM OPT workers are compensated, on Form I-983
Make training program details available for inspection by ICE on demand
While some, like Congressman Paul Gosar, advocate for eliminating STEM OPT, this proposed rule represents a significant step toward accountability.
Critics have long argued that the STEM OPT program, initiated during the George W. Bush administration, functions more as a work permit pathway than a genuine educational training initiative. Senator Charles Grassley articulated these concerns in a 2022 letter, describing the program as a "shadow H-1B program" lacking proper worker protections.
Notably, estimates suggest more foreign workers are in the U.S. on OPT than on H-1B visas, highlighting the program's extensive reach.
A Call to Action
The public is encouraged to submit comments on this proposed change, and I urge our activists and organizations that are concerned about the plight of working Americans to go the below URL and voice their support for the proposed rule:
https://www.regulations.gov/docket/ICEB-2018-0003
The rule-making process represents a powerful tool for addressing policy interpretations and protecting domestic workforce interests. By remaining engaged and submitting informed comments, citizens can directly influence immigration and employment policies.
The time to act is now. Let us work together to ensure fair and transparent immigration practices that prioritize American workers.