The Trump Administration is trying to make it more difficult for Illinois companies to hire tech workers on an H-1B visa during the coronavirus crisis. The administration is finalizing an Executive Order that would require companies to update their certification that foreign workers are not taking the job of an American during this time. The president has broad power to set immigration policy during an emergency.
Every time a company wants to bring in a worker from overseas on this type of visa, the company must verify that it is not displacing American workers. Now, the Administration is trying to impose new conditions that would be difficult for employers to fulfill as a way of reducing the number of H-1B visa holders in the country. An updated certification may require a new analysis for employers and become another paperwork requirement that takes time and money.
The Trump Administration is using COVID-19 as a reason to halt most immigration into the United States indefinitely. The Administration has already suspended immigration into the U.S. for a period of 60 days. Now, observers expect that there will be future restrictions on things such as H-1B visas. Currently, the Executive Order is a draft and has not been finalized. However, it is likely that some restrictions or additional requirements will be put into place in the near future.
Employers and visa holders may need legal help during this time as there are threats to visa programs. The immigration system is becoming more difficult to navigate, and errors in paperwork might be a reason for the authorities to revoke or refuse a visa. An immigration law attorney may help ensure that all of the rules are followed exactly on all paperwork and filings with the government.