President Trump Expected to Issue Executive Order on Employment-Based Immigration
January 31, 2017
Country / Territory
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
Explore more at Fragomen
Media mentions
In an interview with Australasian Lawyer, Special Counsel Rebecca Baggiano discusses her career and pro bono work.
Awards
Fragomen is shortlisted in three categories of the 2024 Chambers USA DEI Awards.
Blog post
This blog provides an overview of the updated Quebec Immigrant Investor Program.
Media mentions
Manager Kirsty Moore shares what options employers have when sponsoring engineers under the new UK five-point plan.
Video
Paralegal Elizabeth Collier discusses the requirements for and process of applying for the UK's Global Talent Visa in the Arts and Culture category.
Fragomen news
Forbes names Partner Lisa Ryan to its inaugural list, "Top 200 Lawyers in the US."
Media mentions
Senior Manager Laxmi Limbani, Associate Naureen Malik and Apprentice Paralegal Henry Thourgood-Marshall share how the Northern UK needs to harness UK immigration to accelerate and elevate the region’s economic growth.
Media mentions
Partner Diana Quintas shared with Valor EconĂ´mico how the need for qualified labour is shaping the visa opportunities for professionals in Brazil.
Fragomen news
Fragomen announces the launch of its Center for Strategy and Applied Insights and welcomes Senior Policy Advisor Amy Nice.
Media mentions
Manager Harry Goldstraw shares what UK employers need to consider when sending employees on short-term contracts to the European Union.
Blog post
This blog highlights the growing momentum of the UK's semiconductor sector, emphasising its strategic importance for the nation's science and technology ambitions, while also addressing upcoming challenges in talent acquisition due to proposed changes in immigration policies.
Blog post
This blog outlines key immigration and mobility impacts stemming from the 2024 Olympic and Paralympic Games in Paris.
Media mentions
In an interview with Australasian Lawyer, Special Counsel Rebecca Baggiano discusses her career and pro bono work.
Awards
Fragomen is shortlisted in three categories of the 2024 Chambers USA DEI Awards.
Blog post
This blog provides an overview of the updated Quebec Immigrant Investor Program.
Media mentions
Manager Kirsty Moore shares what options employers have when sponsoring engineers under the new UK five-point plan.
Video
Paralegal Elizabeth Collier discusses the requirements for and process of applying for the UK's Global Talent Visa in the Arts and Culture category.
Fragomen news
Forbes names Partner Lisa Ryan to its inaugural list, "Top 200 Lawyers in the US."
Media mentions
Senior Manager Laxmi Limbani, Associate Naureen Malik and Apprentice Paralegal Henry Thourgood-Marshall share how the Northern UK needs to harness UK immigration to accelerate and elevate the region’s economic growth.
Media mentions
Partner Diana Quintas shared with Valor EconĂ´mico how the need for qualified labour is shaping the visa opportunities for professionals in Brazil.
Fragomen news
Fragomen announces the launch of its Center for Strategy and Applied Insights and welcomes Senior Policy Advisor Amy Nice.
Media mentions
Manager Harry Goldstraw shares what UK employers need to consider when sending employees on short-term contracts to the European Union.
Blog post
This blog highlights the growing momentum of the UK's semiconductor sector, emphasising its strategic importance for the nation's science and technology ambitions, while also addressing upcoming challenges in talent acquisition due to proposed changes in immigration policies.
Blog post
This blog outlines key immigration and mobility impacts stemming from the 2024 Olympic and Paralympic Games in Paris.