H-1B Visas Under Threat By Executive Order

Posted May 19, 2017 by Mary McGinley

The flagrant abuse of the H-1B Visa program has caused the Trump administration to take a hard look at putting in place more limitations. According to a recent article in Personnel Today, President Trump issued his Buy American and Hire American on April 18th, 2017.  The executive order is designed to enforce and administer the current laws regarding this controversial visa program.

At issue are a number of companies that have used H-1B visas to find highly skilled workers to work in the United States in positions which are highly specialized.  Some corporations argue that they simply cannot find American workers to fill the positions when the demand is so high. Other companies, however, have used the program as a way to hire labor from outside of the country as a way to replace American workers holding those positions for a fraction of the overall cost.   

On April 3rd, the Department of Justice (DOJ) issued an announcement warning US companies not to discriminate against American workers, citing an anti-discrimination provision in the Immigration and Nationality Act (INA) that prohibits employers from discriminating against US workers because of their national origin or citizenship when it comes to hiring, firing, and recruitment.

The Trump administration’s push is to not only enforce the current law but to fundamentally change it. The administration wants to make are to implement far stricter guidelines as to how these work visas are granted, how the visas are granted and that guidelines are being followed with regard to when employers are under audit for their H-1B workers.

Employers want to be compliant and up to date in their petitions for H-1B work visas and that the workers are working in positions and at locations specified in the initial petition and are being paid the prevailing wage for that position.  The key to this compliance is to stay informed of any proposed or enacted changes to the program by either the Executive Branch or Congress.  

That is the kind of information that EinsteinHR can provide for you and your small-to-medium sized organization.  No matter what kind of changes are anticipated under Congress or the Trump Administration in Washington, your company needs to be compliant all of the laws as soon as they are changed or what changes could be coming.

 We pride ourselves on knowing employment law and we will be there in order to ensure that your organization is ready for what is required for all of your employees. for all aspects of work. Contact us today to schedule an appointment to find out how we can help.  You can reach us at 888-981-3622 (emc2) to find out how EinsteinHR may be just the answer you’re looking for.