USCIS update on Trump's H1B visa order

The USCIS has issued an updated clarification in the wake of the confusion brought about by the President Donald Trump's latest executive order regarding H1B visas. Specifically, the order requires H1B employers to pay $100,000 for new H1B visa petitions. After the order was announced, it created a shockwave across the immigrant community more particularly on those possessing this type of visa as well as those who are still in the process of applying for it.

In this most current guidance, the USCIS stated that the president's proclamation only applies prospectively to petitions that have not yet been filed. It does not apply to aliens who: are the beneficiaries of petitions that were filed prior to the effective date of the proclamation, are the beneficiaries of currently approved petitions, or are in possession of validly issued H1B non-immigrant visas. Further, the proclamation does not impact the ability of any current visa holder to travel to or from the United States.

Other salient points in this declaration are the strengthening and reforming the H1B program which include tasking the US Department of Labor to revise and raise the prevailing wage levels in order to upskill the H1B program and ensure that it is used to hire only the best of the best temporary foreign workers. It also empowers the Department of Homeland Security to prioritize high-skilled, high-paid aliens in the H1B lottery over those at lower wage levels.

As always with anything related to Trump's executive orders, we anticipate that this will be challenged in court and that this may reach the US Supreme Court which has the final determination on the constitutionality of this order. As it is now, the order still stands as valid and effective.