Kristina M. Hernandez
New Executive Order to Limit Federal Employers’ Use of H-1B Visas
Today President Trump signed an Executive Order, “Aligning Federal Contracting and Hiring Practices With the Interests of American Workers,” which requires all Federal agencies to review their contracting and hiring practices and complete an internal audit and assess whether they are in compliance with the requirement of EO 11935 that only U.S. citizens and nationals are appointed to the competitive service. The agencies must assess and submit a report to OMB within 120 days with a summary of the results and recommendations of corrective actions if necessary.
The Executive Order also directs the Secretaries of Labor and Homeland Security to take action, within 45 days, to finalize guidance to prevent H-1B employers from moving H-1B employees to other employers’ job sites, including third-party sites, to displace American workers. The Executive Order specifically states:
Sec. 3. Measures to Prevent Adverse Effects on United States Workers. Within 45 days of the date of this order, the Secretaries of Labor and Homeland Security shall take action, as appropriate and consistent with applicable law, to protect United States workers from any adverse effects on wages and working conditions caused by the employment of H-1B visa holders at job sites (including third-party job sites), including measures to ensure that all employers of H-1B visa holders, including secondary employers, adhere to the requirements of section 212(n)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)).
To read the entire Executive Order, click here.