U.S. Considers Major Overhaul: Immigration Rules, Including H-1B, to Be Classified as ‘Foreign Affairs

People must understand that the U.S. Considers Major Overhaul, i.e., major policy reforms that would bring about abrupt changes in the rules on immigration. This will also affect the H-1B visa holders, who are also created & adopted by the government. It is recommended that people thoroughly review all of these details regarding these policy reforms.

Secretary of State Marco Rubia further stated that visa & immigration policies must be grouped as foreign affairs so that they can skirt the public notice & comment procedure. If this proposal is accepted, the implications can be significant, mainly for H-1B visa recipients or individuals who plan to get a visa.

U.S. Considers Major Overhaul

The United States is considering substantially remaking most domestic and foreign policies as public dissatisfaction mounts, the economy evolves, and tensions abroad increase. Policy realms being considered for change include immigration, healthcare, and environmental regulations as the nation seeks to adapt to emerging times and regain public faith in government.

Authorities have said any redesign or change in immigration rules will streamline federal functions, enhance national security, and stimulate economic growth. The details of the changes are unclear so far, but the prospect of change represents a necessity to rebalance national priorities & reaffirm America’s leadership in international matters.

US Considering Major H-1B Overhaul Overview

Managing Authority	Department of State, USCIS
Program/Proposal Name	Major Immigration & Visa Policy Overhaul
Country	USA
Type	Policy reform proposal
Current Status	Not confirmed, under review
Policy Type	Immigration, National Security, Administrative Reform
Category	Government Aid
Official Website	www.uscis.gov ; www.state.gov

Possible Changes If Immigration Rules Are Approved

If the reclassification of the immigration rules and other policies is accepted, then it would allow the government to:

• The US can circumvent the usual public notice & comment procedure for regulatory modification.
• New immigration & visa policies might be enacted without a judge’s or public approval.
• The government may also make decisions on border issues more streamlined.
• It involves increasingly tighter controls on the entry & exit of people.
• It might also impact cross-border product, service, and information trade.
• The aim is to ease bureaucratic delays & improve efficiency.

Know More About the APA (Administrative Procedure Act)

1. Post a Notification of Suggested Rulemaking – Federal agencies must publish a detailed notification describing the suggested rule, providing the public with clarity on the planned modification.

2. Public Comment Period – A 30 to 60 day period allows individuals, organizations, and stakeholders to provide comments, concerns, or recommendations regarding the proposed rule.

3. Judicial Review – If the regulatory process is defective, stakeholders can appeal the rule in court.

Why the U.S. Wants Faster Immigration Policy Changes

• National Security & Control – Senator Marco Rubio underscored that visa & immigration policies are part of national security, in line with the “America First” policy launched by President Donald Trump.
  • As per Rubio, every federal movement involving individuals, goods, and data transfer across US borders should be considered a foreign affairs function, further supporting the government’s power.

• Decreased Bureaucratic Holds – The proponents believe that the current regulatory process is slowing down essential decisions. By eliminating the public comment period, the administration can hasten the adoption of security-oriented policies & minimize red tape.

• Alignment with Other Departments – The US Health and Human Services Department has already skirted public opinion for some rules. The State Department’s initiative aims to introduce consistency among national agencies.

Criticism & Concerns Raised by People

1. Poor transparency – Analysts say eliminating the public comment procedure relieves government responsibility & transparency. Without stakeholder input, policies may neglect the issues of affected groups, such as employers, visa holders, and immigration advocates.

2. Possibility of discrimination – The amendment potentially discriminates against immigrant workers, specifically those from nations such as India & China, who are a significant number of the H-1B visa recipients. The policy has increased issues regarding fairness & justice in policy enactment.

3. Ignore Legal Protection – Removing the notice & comment procedure can be in contravention of the Administrative Procedure Act (APA), which protects against arbitrary actions by the agency.

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