Complete Ban on Non-Immigrants and Gutting of the H-1B Visa Program
President Donald J. Trump and his administration are considering draconian
measures to try and stop most non-immigrants from entering the United
States for an initial period of 180 days. These measures expected to be
announced as early as June 11, 2020 may be the first of multiple administrative
measures that are designed to end most non-immigrant visas to the United States.
The Executive Order may bar entry to the United States for L-1, H-1B, H-2B
and J-1 visa holders (with limited exceptions) for a temporary period
pursuant to INA 212(f) and 215(a). Additional measures may be enacted
through administrative procedures and rulemaking over subsequent weeks.
Reports indicate that actions being considered include:
• Requiring all salaries for H-1B visas be at least at a Level IV
of the OES prevailing wage. This may be enforced with retroactive effect
for all current H-1B visa holders;
• Filing fee of $20,000 per case;
• Redefining employer-employee relationship and redefining specialty
occupation (as stated in our earlier client alert);
• Requirement for all Labor Condition Applications being signed by
the End Client and Petitioner;
• Suspension of Consular Appointments for non-immigrant visas for 120 days;
• Rescission of H-4 spousal work authorizations;
• Eliminating work authorizations for Asylees, Asylum Seekers and
those currently residing in the United States in Temporary Protected Status
• Restrictions on Optional Practical Training work authorizations.
According to sources in American Immigration Lawyers Association (AILA)
and close to the Administration, there is furious lobbying going on within
the White House and it seems that hardliners including Presidential Adviser
Stephen Miller and the Acting Secretary of Homeland Security Chad Wolf
are winning the fight against more pragmatic voices that include Presidential
Son-in-Law and Senior Adviser Jared Kushner and Economic Adviser Larry
Kudlow. While the final announcement is still undetermined, the signs
and fear within immigration practitioners point to an ominous eventuality.
Please contact USILAW with any questions. You may reach us via email at