In addition to our previously published regulatory reform ideas, Cato's comment included three additional proposals for USCIS on H visas. First, USCIS increase the H-2 status limit to 6 years. The 3-year limit is not supported in the statute cato.org/blog/uscis-sho…
6 years would harmonize with H-1B. More importantly, the 3-year limit reduces the number of available H-2 workers (particularly for H-2B), while also decreasing the bargaining power for all H-2 workers who have reached the 3-year limit since employers know they can't change jobs
Second, USCIS should create a 60‐day “grace period” of authorized status for H-2A and H-2B workers to find subsequent jobs, and it should allow the new job to start as soon as a petition is filed on their behalf. cato.org/blog/uscis-sho…
DOL should also fast-track labor certifications for H-2 workers changing jobs. H-1B workers already have all three protections (including no labor cert at all), but lower skilled workers who are more vulnerable don't get these protections.
Third, USCIS should amend its regulations to grant H-1B status for up to 6 years, and the Department of Labor (DOL) should restart granting labor condition applications (LCAs) for up to 6 years. The statute says 6 years, so the regs should match that. cato.org/blog/uscis-dol…
By limiting the H-1B to 3 years, you force a massive amount of fees and work on USCIS for no discernable benefit. The 3-year limit predates the statute where Congress defined the meaning of "temporarily" in the H-1B definition. There's no reason to keep it now
We submitted all these suggestions, except for those exclusively addressed to DOL, since USCIS has authority to set visa issuance policy for State and has joint authority over DOL's H-2B rules. cato.org/publications/s…
Here are my earlier tweets about the proposals
https://twitter.com/David_J_Bier/status/1339898642522664960
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