Many of you know that yesterday President Trump signed a new executive order. The idea of this order was to ensure that Federal grants and procurements go, first and foremost, to American companies and that the government focuses on ensuring that qualified Americans are hired prior to foreigners. In terms of Immigration consequences, the executive order says the following:
Sec. 5. Ensuring the Integrity of the Immigration System in Order to “Hire American.” (a) In order to advance the policy outlined in section 2(b) of this order, the Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Homeland Security shall, as soon as practicable, and consistent with applicable law, propose new rules and issue new guidance, to supersede or revise previous rules and guidance if appropriate, to protect the interests of United States workers in the administration of our immigration system, including through the prevention of fraud or abuse.
(b) In order to promote the proper functioning of the H-1B visa program, the Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Homeland Security shall, as soon as practicable, suggest reforms to help ensure that H-1B visas are awarded to the most- skilled or highest-paid petition beneficiaries.
In other words, at this time there is no effect on the H-1B program. However, in the future, after the proposed suggested changes are given to the President, there is the possibility that some changes could be made.
It is important to keep in mind, however, that most changes would require congressional approval, meaning that it could take a while, if they are approved at all. Changed that do not require congressional approval would need to go through the rule making process, meaning that they would take several months for those to be sent out and to go through the rule making process. We will keep you updated on any proposed changes.
Please remember, as always, this blog does not offer legal advice. If you need legal advice, consult with a lawyer instead of a blog. Thank you.