Draft executive order expected to alter H-1B visa requirements

Draft executive order expected to alter H-1B visa requirements

| May 10, 2020 | Immigration |

The H1-B visa program has enabled technology workers from foreign countries to hold jobs in Florida and throughout the United States. Those workers may soon have to submit updated certifications to immigration authorities according to the terms of a draft executive order from the Trump Administration. The purpose of the new requirement is to show that the H1-B visa worker is not taking a job that could go to an American worker.

Should the draft executive order go into effect in its current form, it would freeze approval on many types of work visas. The federal government would deny visas for a period of at least 90 days to applicants seeking to enter the country.

Not all visa seekers can expect denial under the draft order. The Trump Administration has carved out exemptions for workers involved in the food supply chain who need work visas. Additionally, health care or medical research professionals pursuing jobs in the country could still obtain work visas.

Ongoing changes to immigration laws and procedures frequently challenge individuals who need to obtain or maintain work visas. A person may find that consulting an attorney who represents immigration cases leads to productive strategies for approaching immigration officials. An attorney might monitor changing legal issues and help a client adapt to new requirements.

Legal support may enable a person to collect all necessary documentation requested by an immigration agency. This effort may reduce the chance of a delay or denial on the basis of an incomplete or unclear application. An attorney may also question official actions that appear to violate existing legal statutes. Such advocacy might prevent authorities from ignoring an applicant’s rights.