Skip to main content

Trump Signs "Buy American, Hire American" Executive Order—Another Empty Bag of Promises on Immigration Reform

On April 18, President Trump signed an executive order that initiated a government-wide review to bolster the "Hire American" and "Buy American" directives. According to Market Watch, the review process will last 220 days and may lead to new legislation and additional executive orders that target immigration reform.   The reality is, however, that he order itself is a big nothing.  The agencies were already reviewing changes to the H-1B and other other programs. This Executive Order is nothing more than publicity meant to cause concern among those who use the program, and to embolden those who oppose it. 


While the Executive Order’s  supposed primary focus of this review will be to investigate alleged “abuse” of the H-1B visa program and to identify ways to stop companies from replacing American employees with lower-cost immigrant workers. Yet, The executive order does not outline any definitive changes to the H-1B program; rather, it instructs the Attorney General, Secretary of Labor, Secretary of State, and Secretary of Homeland Security to issue new guidance and propose new rules to ensure “the integrity of the immigration system in order to ‘Hire American’.”  For any real effective change, Trump will need congressional permission and statutory changes, not regulatory fixes and empty executive orders.

In addition, The Department of Justice recently announced its intention to ramp up investigations into companies that hire H-1B and L-1 workers. If your company hires workers through the H-1B or L-1 visa program, it is critical that you ensure that your hiring processes are compliant with U.S. immigration laws.

Charles Kuck is an employment immigration lawyer in Atlanta who can evaluate your situation and provide comprehensive legal guidance. Call 404-816-8611 to schedule a consultation at Kuck Immigration Partners.

Are U.S. Companies Really Paying H-1B Workers Less Than American Employees?  No!

Researchers from Glassdoor recently evaluated a sample of 58,025 salary offers for more than 100 jobs on H-1B visa applications in fiscal year 2016. According to the data, H-1B workers earned more than American employees in about half of the jobs examined; however, H-1B workers earned significantly less than their American counterparts in certain occupations. These included financial analyst, data scientist, and software engineer. In fact, the salary difference for software engineer jobs was 17 percent in some cities.

Despite these outliers, the researchers concluded that H-1B workers usually are not paid less than American employees. This finding is consistent with a 2011 study conducted by the Institute of Labor Economics. The result is unsurprising since current U.S. immigration laws require companies to pay H-1B workers a salary that is at or above the “prevailing wage” for similar jobs.


Employment visa reform seems inevitable, and companies that intend to continue hiring immigrant workers must adapt their compliance systems or risk accusations of fraud and abuse of the H-1B and L-1 visa programs. If your company hires workers through the H-1B or L-1 program, contact Kuck Immigration Partners for legal guidance. Call 404-816-8611 to schedule a consultation with an immigration attorney in Atlanta.


Comments

Popular posts from this blog

If You Are An Immigrant (even a US Citizen), Here Are 9 Things You Should Know

Are you a Naturalized U.S. Citizen, Lawful Permanent Resident, Visa Holder, or an Undocumented Immigrant? We recommend you take the following steps to protect yourself in our current version of America.
The last couple of weeks have reminded immigrants, even naturalized U.S. citizens, that they were not born in the United States. Our office has received countless phone calls, emails, and social media messages from people worrying about what their family’s future in the United States holds.
Most people want to know what they can do now to protect themselves from what promises to be a wave of anti-immigration activity by the federal government. Trump's Executive Order on Interior Enforcement has some provisions that should make most Americans shiver.  We recommend the following actions for each of the following groups:
Naturalized U.S. citizens. In particular if you have a foreign accent, and you are traveling within 100 miles of any US Border (including the oceans), we strongly rec…
Si usted es inmigrante (incluso un ciudadano de los EE.UU.), aquí hay 9 cosas que usted debe saber.

¿Es usted un ciudadano estadounidense naturalizado, residente legal permanente, titular de una visa o inmigrante indocumentado? Le recomendamos que tome los siguientes pasos para protegerse de nuestra versión actual de América.
Las últimas semanas hemos recordado a los inmigrantes, incluso a los ciudadanos estadounidenses naturalizados, que no nacieron en los Estados Unidos. Nuestra oficina ha recibido innumerables llamadas telefónicas, mensajes de correo electrónico y mensajes de medios sociales de personas preocupadas por el futuro de su familia en los Estados Unidos.
La mayoría de gente quiere saber qué puede hacer ahora para protegerse de lo que promete ser una ola de actividad anti-inmigración por parte del gobierno federal. La orden ejecutiva de Trump sobre la aplicación de la ley interior tiene algunas disposiciones que deberían hacer temblar a la mayoría de los estadounidenses. …

The DOJ Raised The Penalty Fee for Immigration Law Violations--Including Employer Sanctions

The Department of Justice announced an increase in fines for violations of the Immigration and Nationality Act, as the pertain to those sections that account for fraud, document abuse, and unfair immigration-related employment practices. While this is only an adjustment for inflation, it brings home the point that that poorly or incorrectly completing immigration forms, like the Form I-9, can lead to very costly fines from ICE and the Immigration Court. If you have any questions or concerns about I-9s in your company, please call the attorneys and Kuck Immigration Partners.  We have decades of experience representing employers in the ICE and DOL immigration investigations.  You can reach us at 404-816-8611 or at ckuck@Immigration.net.  




U.S.C. citation

Name/description

CFR citation DOJ penalty assessed after 8/1/2016 ($) 1 DOJ penalty assessed after 2/3/2017 ($) 2 8 U.S.C.     IRCA; Unfair immigration-related employment practices, document abuse (per individual discriminated against).     …