Trump Orders Greater Scrutiny on H-1B Visa Employers Laying Off American Workers
US President Donald Trump has announced new measures to tighten scrutiny of employers seeking H-1B visas after laying off American workers. The executive order requires federal agencies to consider whether an employer has directly or indirectly laid off similarly situated US workers during the previous year or plans future layoffs that could negatively affect them.
The Labor Department's Wage and Hour Division is also tasked with reviewing data related to previously submitted Labor Condition Applications within 30 days to determine if further action against sponsoring employers is warranted under existing federal law. LCA documents generally require employers to meet rules concerning wages and working conditions when seeking to employ H-1B workers.
The new measures could impact companies that reduce their US workforce while seeking foreign workers for similar roles, particularly Indian technology professionals who make up the largest share of H-1B beneficiaries. However, the actual impact will depend on how US agencies implement the order and the rules issued under it.