President Announces New U.S. Work Visa Restrictions
President Trump has issued an executive order that will dramatically limit employment-based immigration visas. In addition to extending an April executive order which will continue to temporarily suspend the entry of some immigrant-visa (i.e. ‘Green Card’) applicants, this new order will temporarily bar the U.S. entry of high-skilled foreign nationals, multinational executives/managers, foreign non-agricultural workers, and international trainees on H-1B, H-2B, L-1, and J-1 visas.
The President’s executive order, which is now in effect through December 31, 2020, will restrict entry into the U.S. of H-1B, H-2B, L-1, J-1 visa holders and their dependent spouses and children who are outside of the U.S. and do not already have a valid visa. The restrictions will not apply to foreign workers already in the U.S. with these visas, nor impact individuals applying to extend, amend or change nonimmigrant visa status inside the U.S.
Additionally, the following foreign nationals are also exempt from the restrictions:
U.S. Lawful Permanent Residents;
Foreign nationals currently holding a valid nonimmigrant visa or U.S. travel document, even if they are outside the U.S.;
Spouses and children of U.S. citizens;
Foreign nationals seeking to enter the U.S. to provide temporary labor or services essential to the U.S. food supply
Foreign healthcare workers, medical researchers, or other essential workers performing services to combat COVID-19;
EB-5 Immigrant Investor applicants;
Foreign nationals whose entry would be in the U.S. national interest
The executive order also directs the Departments of Labor and Homeland Security to consider developing new regulations to “ensure that the presence in the United States of H-1B nonimmigrants does not disadvantage U.S. workers” and to take actions to “ensure that workers who seek employment-based second or third preference (EB-2 or EB-3) eligibility, or H-1B eligibility, do not disadvantage U.S. workers.” Its possible that this could lead to stricter H-1B eligibility requirements and wage obligations, changes to the H-1B quota, increases in H-1B filing fees, increases in worksite compliance investigations, and stricter labor certification standards for employment-based lawful permanent residence.
In these turbulent times, foreign nationals in the U.S. should avoid any non-essential international travel and employers who have foreign employees should consider applying for visa extension with USCIS in the United States, as opposed to the consulates abroad. Additionally, those eligible to apply for extensions or renewals of U.S. work authorization or visas (especially H-4 and F-1 STEM OPT) should do so immediately.
As always, we will continue to monitor the situation. Please feel free to contact us if you have any questions.