Rajiv S Khanna, Managing Attorney at Immigraiton.com told TOI: “Changes like imposing per country limits on H-1B visas will most likely require a legislative mandate, which can only be secured through amendment of laws passed by both Houses of the Congress (US Parliament). It is highly unlikely that a provision like this will make it through the Democrat-controlled House of Representatives. Neither visa extensions nor new H-1B visas can be affected in such a profound manner through an executive order or action without legislative mandate. As far as I can see, such an executive action would be wide open to a judicial review and strike down.”
“Further, under the US laws, most changes even in long-standing policy would require formal rule making, which is a lengthy process unless there are emergent reasons. Even in emergencies rule making can take a year or more, especially if you factor in the very high likelihood of a judicial challenge,” Khanna concluded.
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