The record
Written from the 1 report below. Nothing here is unsourced.
- The Trump administration has signed an executive order directing federal agencies to evaluate whether H-1B visa sponsors have recently laid off American workers or plan to do so.
- The directive aims to ensure that the H-1B program is used to supplement the US economy rather than replace American staff with lower-paid foreign workers.
- Federal agencies are now required to share labor-market data and assess employer compliance as part of the visa petition process.
What to watch next
- Implementation guidelines from immigration agencies
- Department of Labor review of previous Labour Condition Applications
- Impact on future H-1B petition approvals and wage requirements
Who said what2
Only words found exactly in the article are shown, attributed and linked to the line they came from.
Mitch Wexler
senior counsel at Fragomen
2 quotes · 1 outlet
“It is not yet clear how the immigration agencies will implement these provisions.”
In the article
…review could trigger investigations potentially bringing greater scrutiny to wages, job conditions and compliance with H-1B requirements. Mitch Wexler, senior counsel at Fragomen, a global immigration law firm, said: “ It is not yet clear how the immigration agencies will implement these provisions. Existing law obligates high-volume H-1B employers (known as H-1B dependent) as well as those deemed to have wilfully violated H-1B programme rules to attest that they have not laid off a US worker and replaced them…
“It is also not yet known how the agencies will consider economic data in the adjudication of H-1B filings, though this could result in higher scrutiny of offered wages, job duties, and job requirements, particularly in light of USCIS’ recent expansion of job requirement disclosures on the H-1B petition”
In the article
…90 days before and after the filing of an H-1B petition or the placement of an H-1B worker with a secondary employer; under current law these requirements do not apply beyond this narrow class of H-1B employers.” “ It is also not yet known how the agencies will consider economic data in the adjudication of H-1B filings, though this could result in higher scrutiny of offered wages, job duties, and job requirements, particularly in light of USCIS’ recent expansion of job requirement disclosures on the H-1B petition ,” he added. The proclamation also takes aim at the outsourcing model, stating that many jobs held by H-1B workers eventually leave the US entirely. “Employers with outsourcing business models use teams of H-1B visa…
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