President Donald Trump has issued several Executive Orders and Memos this week regarding immigration – below is our summary of the draft order regarding “Protecting American Jobs and Workers by Strengthening the Integrity of Foreign Worker Visa Programs”

Recognizes that:

  • Our country’s immigration policies should be designed and implemented to serve, first and foremost, the U.S. national interest.
  • It is the policy of the Trump administration to implement the immigration laws, to the extent consistent with law, in a manner that prioritizes the national interest and protects, to the maximum degree possible, the jobs, wages, and well-being of U.S. workers.

Directs the DHS Secretary to:

  • Review all regulations that allow foreign nationals to work in the United States and determine which of those regulations are not in the national interest and should be rescinded.
  • Promulgate a regulation to clarify that parole may never be used to avoid immigration caps and programs authorized by Congress.
    • Immediately terminate existing parole policies that do not comport with the above principles.
    • Identify ways to expand the use of E-Verify within the bounds of existing law.
    • Promulgate a regulation to restore the integrity of employment-based nonimmigrant worker programs and better protect U.S. and foreign workers affected by those programs.
    • Consider ways to make H-1B allocation more efficient and ensure that beneficiaries of the program are the best and brightest rather than arbitrarily distributed by lottery.
    • Start performing site visits at places that employ L-1 nonimmigrant workers and then expand the site visit program to cover all employment-based visa programs within two years.
    • Establish a commission to analyze current immigration policies, and then provide recommendations on how to move towards a merit-based admissions system.
    • Improve monitoring of foreign students and reform practical training programs for foreign students to prevent the disadvantaging of U.S. students in the workforce.
    • Promulgate a regulation to clarify that aliens on tourist visas may not perform skilled or unskilled labor.
    • Submit to the President a list of options for ensuring the efficient processing of petitions for the H-2A nonimmigrant agricultural visa program.

Directs the DHS Secretary and Secretary of State to:

  • Align with Congressional intent the manner in which the State Department and DHS determine when an immigrant visa is “immediately available.”
  • Promulgate a regulation that would reform how aliens file for adjustment to lawful permanent residence.
  • Promulgate a regulation that reforms the E-2 treaty investor visa category.

Directs the Secretary of State to:

  • Reform the J-1 Summer Work Travel program to improve protections of U.S. workers and participating foreign workers.

Reports from the relevant agencies:

  • A report investigating the extent of any injury to U.S. workers caused by the employment of foreign workers admitted under nonimmigrant visa programs.
  • Two reports per year on the number of Employment Authorization Documents (EADs) issued and the categories or bases for issuance of all such EADs.
  • A report detailing the total number of foreign-born workers in the United States and then immediately restart work on regular benefit fraud assessments for all immigration benefits categories.
  • A report each year on immigration patterns in the United States, including an estimate of the size of the foreign-born population in the United States.
  • The U.S. Census Bureau should include questions to determine U.S. citizenship and immigration status during the decennial census.
  • A detailed description of the effect of immigration on wages and employment of U.S. workers since FY 2000.

Full text of DRAFT Executive Order available here.