What does Trumps latest executive order mean for the H-1B Program?


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Trumps latest immigration exec order: Here’s what the Executive Order says:

Sec. 2. Policy

In order to create higher wages and employment rates for workers in the United States, and to protect their economic interests, it shall be the policy of the executive branch to rigorously enforce and administer the laws governing entry into the United States of workers from abroad, including section 212(a)(5) of the Immigration and Nationality Act – This section of the law governs the Labor Certification process for employment-based green cards, it is not related to H-1B petitions.

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. – Most of these ideas neet to be proposed through notice and comment rulemaking.

(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. – This would likely then require legislative action by congress to change the laws that created the H-1B program.

Likey the H-1B program will change in the future, but the change will not happen immediately. Cases in the H-1B lottery for now will proceed without change.

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