President Trump Expected to Issue Executive Order on Employment-Based Immigration
January 31, 2017

Country / Territory
Related offices
- Fragomen in Atlanta, GA
- Fragomen in Boston, MA
- Fragomen in Chicago, IL
- Fragomen in Miami, FL
- Fragomen in Dallas, TX
- Fragomen in Houston, TX
- Fragomen in Irvine, CA
- Fragomen in Los Angeles, CA
- Fragomen in Matawan, NJ
- Fragomen in New York, NY
- Fragomen in Phoenix, AZ
- Fragomen in San Diego, CA
- Fragomen in San Francisco, CA
- Fragomen in Silicon Valley, CA
- Fragomen in Detroit, MI
- Fragomen in Washington, DC
Related offices
- Fragomen in Atlanta, GA
- Fragomen in Boston, MA
- Fragomen in Chicago, IL
- Fragomen in Miami, FL
- Fragomen in Dallas, TX
- Fragomen in Houston, TX
- Fragomen in Irvine, CA
- Fragomen in Los Angeles, CA
- Fragomen in Matawan, NJ
- Fragomen in New York, NY
- Fragomen in Phoenix, AZ
- Fragomen in San Diego, CA
- Fragomen in San Francisco, CA
- Fragomen in Silicon Valley, CA
- Fragomen in Detroit, MI
- Fragomen in Washington, DC
Related offices
- Fragomen in Atlanta, GA
- Fragomen in Boston, MA
- Fragomen in Chicago, IL
- Fragomen in Miami, FL
- Fragomen in Dallas, TX
- Fragomen in Houston, TX
- Fragomen in Irvine, CA
- Fragomen in Los Angeles, CA
- Fragomen in Matawan, NJ
- Fragomen in New York, NY
- Fragomen in Phoenix, AZ
- Fragomen in San Diego, CA
- Fragomen in San Francisco, CA
- Fragomen in Silicon Valley, CA
- Fragomen in Detroit, MI
- Fragomen in Washington, DC
President Donald J. Trump is expected to direct the Departments of Homeland Security, Labor and State to undertake a wide-ranging review and revision of U.S. employment-based immigration program rules, under an executive order that could be issued soon.
The order would not mean immediate changes to the employment-based immigration system, but indicates that the Administration will aggressively seek restrictions and increased enforcement. Fragomen has prepared the following analysis based on a draft of the order. The final order could be different.
The draft executive order directs the agencies to review all employment-based immigration regulations to determine whether any of them violate the immigration laws or are otherwise not in the national interest. The Administration also orders the agencies to study the impact of employment-based immigration on U.S. jobs and wages, including reports on whether the H-1B, L-1 and B-1 programs in particular cause injury to U.S. workers. The reviews and reports could be used as the basis to justify more restrictive immigration rules and policies.
The immigration agencies are also ordered to propose regulations that would limit the use of specific programs, including the B-1 business visitor category, the optional and curricular practical training programs for F-1 students (OPT and CPT) and the H-1B and L-1 visa programs. DHS is also directed to evaluate the uses of parole and whether they conform to the immigration statutes. The recent international entrepreneur rule and other important uses of parole may be scrutinized.
Increased site visits and other initiatives of the USCIS Fraud Detection and National Security Unit are expected, including the immediate revival of the Benefits Fraud Assessment program, under which the agency reviews specific immigration programs to determine whether there is fraud. According to the draft, within six months, the administration plans to expand the L-1 site visit program, which is currently limited to L-1A nonimmigrants who have received an extension of stay from a USCIS Service Center. There is also a plan to expand the site visit program to all immigration categories within two years.
The Department of Homeland Security is directed to look at ways to increase E-Verify usage, which may include conditioning the use of certain immigration programs on participation in E-Verify.
What the Draft Order Means for Employers
Many of the Administration's plans will require compliance with federal rulemaking procedures, which can take months to unfold. Still, the draft executive order could mean an imminent increase in worksite inspections, and may result in more restrictive adjudications at the immigration agencies.
Fragomen is closely monitoring the Trump Administration’s immigration policies and will provide frequent updates.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
© 2017 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.
Country / Territory
Related offices
- Fragomen in Atlanta, GA
- Fragomen in Boston, MA
- Fragomen in Chicago, IL
- Fragomen in Miami, FL
- Fragomen in Dallas, TX
- Fragomen in Houston, TX
- Fragomen in Irvine, CA
- Fragomen in Los Angeles, CA
- Fragomen in Matawan, NJ
- Fragomen in New York, NY
- Fragomen in Phoenix, AZ
- Fragomen in San Diego, CA
- Fragomen in San Francisco, CA
- Fragomen in Silicon Valley, CA
- Fragomen in Detroit, MI
- Fragomen in Washington, DC
Related offices
- Fragomen in Atlanta, GA
- Fragomen in Boston, MA
- Fragomen in Chicago, IL
- Fragomen in Miami, FL
- Fragomen in Dallas, TX
- Fragomen in Houston, TX
- Fragomen in Irvine, CA
- Fragomen in Los Angeles, CA
- Fragomen in Matawan, NJ
- Fragomen in New York, NY
- Fragomen in Phoenix, AZ
- Fragomen in San Diego, CA
- Fragomen in San Francisco, CA
- Fragomen in Silicon Valley, CA
- Fragomen in Detroit, MI
- Fragomen in Washington, DC
Related offices
- Fragomen in Atlanta, GA
- Fragomen in Boston, MA
- Fragomen in Chicago, IL
- Fragomen in Miami, FL
- Fragomen in Dallas, TX
- Fragomen in Houston, TX
- Fragomen in Irvine, CA
- Fragomen in Los Angeles, CA
- Fragomen in Matawan, NJ
- Fragomen in New York, NY
- Fragomen in Phoenix, AZ
- Fragomen in San Diego, CA
- Fragomen in San Francisco, CA
- Fragomen in Silicon Valley, CA
- Fragomen in Detroit, MI
- Fragomen in Washington, DC
Explore more at Fragomen
Awards
Twelve Fragomen lawyers are recognized on the 2026 Pro Bono Recognition List, reflecting their commitment to providing free legal assistance to those in need.
Media mentions
Senior Immigration Manager Jonathan Hill discusses new UK guidance suggesting the Home Office may use data to assess agent trust, raising questions about transparency and compliance demands.
Work authorization
Partner Chad Blocker outlines what employers should do following completion of the FY 2027 H-1B cap lottery, explains the factors behind lower demand and higher selection rates and highlights key filing risks, timelines and alternative visa options to consider next.
Media mentions
Senior Counsel Mitch Wexler discusses China’s EB-5 Unreserved category advancing to September 22, 2026, while India’s dates remain unchanged with potential for retrogression amid sustained demand.
Media mentions
Partner Julia Onslow-Cole discusses Middle East-based UHNW clients making short-term moves driven by schooling and timing considerations.
Media mentions
Senior Manager Katharina Vorländer examines how immigration rules for offshore wind projects in Germany hinge on nautical boundaries and why careful personnel planning is essential to avoid compliance risks.
Media mentions
Poland Immigration Strategy Director Tomasz Rogala comments on a draft regulation restricting work for citizens of Georgia, Colombia and Venezuela in Poland during visa-free stays.
Awards
Partners Chris Spentzaris and Sasko Markovski, Practice Leader Sarah Tan and Counsel Robert Walsh are recognized by Best Lawyers in Australia for their work in immigration law.
Awards
Fragomen is shortlisted across multiple categories in the 2026 EMMA Awards, recognizing innovation and impact in global mobility and immigration services.
Video
Learn how international graduates can stay in France for one year to find work or start a business. Discover eligibility requirements, application steps and transition options for the Job Seeker/New Business Creator permit.
Work authorization
Senior Associate Lara Hannaway outlines the current state of Portugal’s Golden Visa programme, examining how recent policy reforms, proposed changes to nationality rules and ongoing processing delays are reshaping the pathway to long‑term residence and EU citizenship.
Media mentions
In an article published in Mens en Migratie magazine, Senior Associate Tugba Ozyakup explains how authorized representatives support employers with recognized sponsor status by managing complex immigration processes, particularly for international companies navigating Dutch requirements.
Awards
Twelve Fragomen lawyers are recognized on the 2026 Pro Bono Recognition List, reflecting their commitment to providing free legal assistance to those in need.
Media mentions
Senior Immigration Manager Jonathan Hill discusses new UK guidance suggesting the Home Office may use data to assess agent trust, raising questions about transparency and compliance demands.
Work authorization
Partner Chad Blocker outlines what employers should do following completion of the FY 2027 H-1B cap lottery, explains the factors behind lower demand and higher selection rates and highlights key filing risks, timelines and alternative visa options to consider next.
Media mentions
Senior Counsel Mitch Wexler discusses China’s EB-5 Unreserved category advancing to September 22, 2026, while India’s dates remain unchanged with potential for retrogression amid sustained demand.
Media mentions
Partner Julia Onslow-Cole discusses Middle East-based UHNW clients making short-term moves driven by schooling and timing considerations.
Media mentions
Senior Manager Katharina Vorländer examines how immigration rules for offshore wind projects in Germany hinge on nautical boundaries and why careful personnel planning is essential to avoid compliance risks.
Media mentions
Poland Immigration Strategy Director Tomasz Rogala comments on a draft regulation restricting work for citizens of Georgia, Colombia and Venezuela in Poland during visa-free stays.
Awards
Partners Chris Spentzaris and Sasko Markovski, Practice Leader Sarah Tan and Counsel Robert Walsh are recognized by Best Lawyers in Australia for their work in immigration law.
Awards
Fragomen is shortlisted across multiple categories in the 2026 EMMA Awards, recognizing innovation and impact in global mobility and immigration services.
Video
Learn how international graduates can stay in France for one year to find work or start a business. Discover eligibility requirements, application steps and transition options for the Job Seeker/New Business Creator permit.
Work authorization
Senior Associate Lara Hannaway outlines the current state of Portugal’s Golden Visa programme, examining how recent policy reforms, proposed changes to nationality rules and ongoing processing delays are reshaping the pathway to long‑term residence and EU citizenship.
Media mentions
In an article published in Mens en Migratie magazine, Senior Associate Tugba Ozyakup explains how authorized representatives support employers with recognized sponsor status by managing complex immigration processes, particularly for international companies navigating Dutch requirements.
