President Trump’s first 100 days in office marked a period of major change—especially in immigration policy. With new headlines emerging almost daily, many foreign professionals have found themselves uncertain about how evolving executive actions might affect their status in the United States. When the White House released a draft of an executive order targeting employment-based visas such as the H-1B and L-1, the immigration attorneys at Green Card Link took immediate steps to help readers and clients stay informed.
Understanding the Purpose of the Work Visa Executive Order
An executive order is a directive issued by the President that carries the force of law across federal agencies and departments. These orders can immediately influence immigration programs, though they may later be reviewed or overturned by Congress or the Supreme Court.
One of the proposed orders, titled “The Executive Order on Protecting American Jobs and Workers by Strengthening the Integrity of Foreign Worker Visa Programs,” aims to ensure that hiring foreign professionals does not negatively affect the U.S. job market. The goal is to reserve employment-based visas, such as H-1B and L-1, for only the most highly qualified applicants.
Important: As of this publication, the draft order has not yet been signed or implemented. This article is intended to keep readers aware of possible upcoming changes.
Immigration Parole and Its New Limitations
In U.S. immigration law, parole allows certain individuals to enter the country without a visa in exceptional situations. The draft order seeks to prevent misuse of parole by directing the Secretary of Homeland Security to terminate all existing policies and programs inconsistent with the Immigration and Nationality Act (INA).
This measure would ensure that parole cannot be used to bypass established immigration procedures and would significantly restrict the discretionary authority currently available to the Department of Homeland Security.
L-1 Visa Site Visits and Employer Compliance
Another notable section of the draft order introduces new enforcement efforts, including site visits at workplaces employing L-1 visa holders. The purpose is to verify that multinational companies are not replacing U.S. workers with foreign employees transferred from affiliated overseas branches.
Within two years, the site visit program is expected to expand to cover all employment-based visa categories, increasing oversight and accountability for U.S. employers hiring foreign talent.
Establishing a New Immigration Review Commission
The order also suggests forming a commission or advisory committee to regularly evaluate immigration policies and recommend improvements. This initiative may lead to the development of a merit-based visa system, prioritizing applicants with advanced qualifications or higher salaries.
Although details are not yet finalized, the intention appears to be aligning immigration with U.S. economic and labor-market needs.
E-Verify and Employer Participation
The E-Verify program, operated by USCIS, allows employers to confirm whether foreign employees are authorized to work in the United States. While currently voluntary, the new executive order encourages broader use of E-Verify and may offer immigration-related benefits to employers who participate.
This move would enhance transparency and help prevent unauthorized employment, while giving compliant businesses a clear advantage.
Green Card Reforms and Process Streamlining
Another key objective of the order is to streamline the green card process to reduce inefficiencies in how immigrant visas are allocated. This proposal seeks to curb illegal immigration while ensuring that lawful permanent residency is granted through a fair, transparent, and efficient system.
Since the order only directs agencies to develop a plan, details of how this streamlining will occur remain forthcoming.
Investigating the Impact on U.S. Workers
The President has directed the Secretaries of State and Homeland Security, along with the Attorney General, to investigate how the employment of foreign workers affects U.S. labor markets. This includes examining potential displacement of American workers in categories such as H-1B, L-1, and B-1 visas.
The results of this investigation are expected to shape future immigration policy, ensuring fair opportunities for both U.S. citizens and lawful foreign professionals.
EADs and Visa Transparency
Finally, the draft emphasizes transparency in employment-based immigration programs. It directs the Department of Homeland Security to publish detailed reports on the number of foreign nationals holding Employment Authorization Documents (EADs), the total workforce employed under work visas, and the distribution of these workers by visa type.
These measures aim to give the public a clearer view of how employment-based immigration operates and to reinforce accountability within the system.
Stay Informed with Green Card Link
Immigration policy continues to evolve rapidly, and executive orders like these can significantly affect foreign professionals and U.S. employers alike. At Green Card Link, its immigration attorneys closely monitor policy developments to provide timely guidance and proactive strategies for clients navigating employment-based immigration.