President Trump's Immigration Executive Orders and H1B Program

Question,

Will the President Trump's immigration executive orders impact the H1B program and H1B workers?

Answer,

President Trump has signed several immigration related executive orders. Another possible proposed order, entitled “Executive Order on Protecting American Jobs and Workers by Strengthening the Integrity of Foreign Worker Visa Programs” may include several provisions related to the employment-based immigration system.

The unconfirmed draft version of a new executive order would impact on the H1B visa program, the executive order instructs the Secretary of Homeland Security to:

“in consultation with the Secretaries of State and Labor restore the integrity of employment-based nonimmigrant worker programs and better protect U.S. and foreign workers affected by those programs.”

“consider ways to make the process for allocating H1B visas more efficient and ensure that beneficiaries of the program are the best and the brightest.”

"provide recommendations for making U.S. immigration policy better serve the national interest; and to recommend changes to the immigrations [sic] laws to move towards a merit-based system.”

Among other provisions, it would require that rather than H-1B visa being awarded in lotteries, the U.S. government would be required to prioritize the top foreign students who have studied in the U.S. These would include advanced degree holders, those earning high wage, and those with valuable skills.

Also, the OPT program gives foreign graduates in fields like science, technology, engineering or math the right to find jobs in the U.S. for up to 36 months, depending on their degree subject. Mr. Trump could roll the time limit back to the original 12 months, the threshold until it was expanded under President George W. Bush in 2008, and tighten the eligible fields of study.

These instructions are vague, and they may impact H1B program. It may result in direct action against H1B program, but it is possible that this order will never be signed.

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