August 3, 2020 H-1B, Legislation, As we move closer to the November election, legal immigration continues to be in the spotlight. Today, President Trump issued an Executive Order regarding H-1Bs at federal agencies.
First, the order does not create any immediate change for H-1B workers.
The order directs federal agencies to review their hiring practices to assess whether H-1B workers provided services through a contract or subcontract and assess whether there was a negative impact. Agencies are directed to submit a report within 120 days and recommend actions to be taken.
Currently, an employer may sponsor an H-1B worker to be assigned to work at a client site, commonly referred to as third-party placement. It is possible that a federal government agency is the ultimate work location for such an arrangement. The executive order directs agencies to determine whether they have used H-1B workers on their contracts or through subcontracts, the nature of the work performed, how it impacted US workers, and how it impacted national security.
The order also directs agencies to review whether work previously performed in the US ended up being outsourced to foreign countries.
Agencies are also required to review their policies to ensure they are consistent with certain laws requiring only US citizens to be hired.
The order also directs the Department of Labor to take action within 45 days to ensure compliance with LCA regulations in order to protect US workers’ wages and working conditions.
I think it is unlikely that we will see any result of this order prior to the election. The main purpose of the order is for Trump’s re-election campaign.
https://www.whitehouse.gov/presidential-actions/executive-order-aligning-federal-contracting-hiring-practices-interests-american-workers
http://immigrationgirl.com/new-executive-order-requires-review-of-h-1b-use/