Executive order on H-1B nonimmigrant visa administration
5 hours ago
- The H-1B visa program, intended to supplement the U.S. economy with highly skilled foreign workers, has been widely abused by employers, third-party groups, and outsourcing firms to undercut American labor.
- H-1B workers earn significantly less than comparable U.S. workers, with wage gaps ranging from $9,000 to $20,000, despite statutory requirements for equal pay.
- Large-scale layoffs of skilled American workers have been followed by hiring H-1B workers, often lower-skilled and lower-paid, with instances of laid-off Americans being forced to train their replacements.
- Many H-1B jobs eventually move offshore, as outsourcing business models use H-1B workers to replace U.S. staff at client sites, and top users accounted for over 25,000 cap registrations in FY 2026.
- The abuse of the H-1B program poses a national security threat, including visa fraud, money laundering, and discouraging Americans from pursuing STEM careers.
- Government probes have uncovered widespread fraud and noncompliance, such as displacing American workers, misrepresenting job duties to lower wages, and using diploma mills to falsely qualify applicants.
- The order mandates interagency coordination among State, Labor, Homeland Security, Commerce, Education, and SBA to ensure statutory compliance and share economic data.
- Agencies must consider employer layoffs affecting similarly situated U.S. workers when processing H-1B applications, and the Labor Department will review past labor condition applications within 30 days.
- The order delegates presidential authority to implement rules and policies, while clarifying it does not create enforceable rights and is subject to funding and law.