Are there any updates on President Trump issuing an executive order to restrict H1B workers? Will it impact my H1B cap case?

Answer

Forbes reported today that the Trump Administration is expected to issue an executive order “soon” that would impact certain high-skilled nonimmigrant workers. The presumption is that, if such an order were to be issued, it would focus on foreign nationals requesting admission, as opposed to those applying for an extension or change of status from within the United States.

At this point, however, nothing has been confirmed. There are limits to what the President can do via executive order. And, any such executive order undoubtedly would face legal challenges in federal court.

The President also could make changes via new regulations. However, the regulatory process typically takes many months, or even years. President Trump could attempt to use the ongoing pandemic as justification for pushing through a regulatory change more quickly. But, if he were to go that route, stakeholders would certainly turn to the federal courts to intervene.

In short, for the time being, we will need to wait and see what the White House does before providing any real insight into the matter. (28.May.2020)

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