The H-1B Executive Order that Trump had been promising for months finally arrived on April 18, 2017. President Trump signed the H-1B Executive Order at a Snap-on Tools factory in Wisconsin. Dubbed the “Buy American and Hire American” executive order, most of what it provides is up to debate.
The executive order really lacks specifics and places all the burden on defining what changes will come to H-1B visa policy on other branches of the executive, like Homeland Security, Department of Justice, State Department, and the Department of labor.
The executive order does not really address H-1B visa holders very much, it provides:
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.
The H-1B Executive Order only mentions H-1B visas three times.
The first time H-1B visas are specifically mentioned is in the definition section to link them to the defined term “petition beneficiaries.” The next two times are from the section above. Basically, all the executive order does is tell other executive branches of government to “suggest reforms” so that H-1B visas go to the best, brightest, and highest paid visa holders.
We at Work Visas Solutions believe the forthcoming regulations will reflect an “America First” H-1B whereby the visas are given to people educated in the United States and to the highest paid applicants.