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By David Jones and Mark Trocinski The Biden Administration signaled early on an intent to provide additional protections for immigrant workers from unlawful discrimination. Employers should note, however, that there are provisions in the Immigration and Nationality Act, as well as Title VII of The Civil Rights Act of 1964, which already provide substantial protections to immigrant workers.
Federal immigration officials recently announced that the annual process for determining who will be able to apply for an H-1B visa will be held in largely the same manner as it was held last year – meaning that the proposed wage-based selection system will be put off until at least 2022.
While the election results may still be debated until officially certified and litigation is resolved, employers should be looking ahead to what a Biden administration will mean for immigration. Prior to this tumultuous year, immigration was one of the biggest hot button topics in the country. But due to the pandemic, social unrest, and the national economic downturn, immigration has grabbed fewer headlines.
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