HSE LEGALcurrents

On April 18, 2017, President Trump signed an executive order signaling potential changes to the H-1B visa program. While the order proposes to increase H-1B salary and skill requirements, it does not include specific details or policy changes. We expect the immigration service to announce more specific program changes within the coming year. The order also refers to the labor certification program, relating to employment-based permanent residence sponsorship, suggesting that possible changes to the program may be in the works.

While the situation bears further monitoring, the order does not warrant immediate action with respect to foreign nationals currently employed in H-1B status. Further, the order does not affect H-1B petitions filed through the annual lottery process, which closed earlier this month. U.S. Citizenship and Immigration Services (USCIS) received 199,000 petitions in the lottery for 85,000 available H-1B visas.

In the weeks leading up to this executive order, some federal agencies had also suggested increased scrutiny for the H-1B visa program. In addition, the Department of Labor suggested potential changes to the labor certification program. In light of the uncertainty surrounding these programs, we recommend employers prioritize permanent residence for key foreign national employees.

The immigration practice group will continue to monitor developments, and provide further updates as they become available. If you have any questions regarding this LEGALcurrents®, please do not hesitate to contact any member of our group at (585) 232-6500.

view PDF

Attorney Advertising. Prior results do not guarantee a similar outcome. This publication is provided as a service to clients and friends of Harter Secrest & Emery LLP. It is intended for general information purposes only and should not be considered as legal advice. The contents are neither an exhaustive discussion nor do they purport to cover all developments in the area. The reader should consult with legal counsel to determine how applicable laws relate to specific situations. ©2017 Harter Secrest & Emery LLP


This website presents only general information not intended as legal advice. Although we encourage calls, letters and emails from prospective clients, please keep in mind that merely contacting Harter Secrest & Emery LLP (HSE) does not establish an attorney-client relationship between us. Confidential information should not be sent to HSE until you have been notified in writing by HSE that a formal attorney-client relationship has been established. Information sent to us before then may not be treated as confidential by HSE or the court.

I have read this and agree     Cancel

Our website uses cookies. By continuing to use our site, you agree to our use of cookies in accordance with our Privacy Policy.