Trump to Sign Order Calling for H-1B Visa Reforms
                
Visa petitions for high-skilled foreign workers decline for first time in 3 years
By Roy Maurer
Apr 18, 2017 - SHRM
President Donald Trump will sign an executive order today, directing federal 
agencies to review the H-1B visa program for foreign high-skilled guest workers, 
according to news reports.
Trump will sign the order during a trip to Kenosha, Wis., where he will tour 
the headquarters of Snap-on-Tools and deliver a speech about U.S. 
manufacturing.
Administration officials told reporters that the order will assess guest 
worker visa programs, including he H-1B program, set up strict enforcement 
of U.S. procurement preferences, and address trade treaty 
renegotiations. According to news reports, the executive order directs 
federal agencies to more strictly enforce H1-B visa laws and proposes reforms to 
the program to prevent fraud and abuse and ensure visas are awarded to the 
most-skilled applicants.
Advocates of the H-1B visa program argue that access to foreign talent is 
needed to fill the U.S. skills gap, but critics, including the Trump 
administration, say that the program needs to be reformed to quell abuses such 
as foreign outsourcing firms flooding the system with applicants and sometimes 
replacing U.S. jobs. 
H-1B filing season began this year with U.S. Citizenship and Immigration 
Services (USCIS) announcing a "more targeted approach" in visiting the 
workplaces of H-1B petitioners.
Petitions Fall
USCIS announced April 17 that 
the number of H-1B visa petitions for fiscal year (FY) 2018 fell below 200,000 
this year for the first time since 2014.
The agency received 199,000 H-1B 
petitions during the filing period this year, far surpassing the statutory cap 
of 85,000 visas for fiscal year (FY) 2018. In 2016, USCIS received 236,000 visa 
petitions.
A computer-generated random selection process was used to 
select enough petitions to meet the 65,000 general-category cap and the 20,000 
cap under the advanced degree exemption. 
USCIS conducted the selection 
process for the advanced degree exemption first. All unselected advanced degree 
petitions then became part of the random selection process for the 65,000 
cap.
The agency will now begin the process of sending receipt notices for 
petitions selected in the lottery while rejecting and returning petitions, 
together with the associated filing fees, that were not selected in the 
lottery. 
"Under our outmoded immigration system, U.S. employers are 
losing ground in the highly competitive global talent marketplace and a random 
lottery for H-1B visas does not help," said Lynn Shotwell, executive director of 
the Council for Global Immigration (CFGI). "The world of work has changed 
dramatically since the H-1B program was last reformed almost 20 years ago. 
Modernization is the only option if we want to give America the competitive 
edge."
Last year, the Society for Human Resource Management (SHRM) 
reported that 68 percent of HR professionals surveyed are experiencing 
difficulty recruiting candidates for full-time positions, with science and 
technology fields being the most difficult high-skilled positions to 
fill.
"H-1B visas can be a vital tool for employers to access top global talent, 
drive innovation and spur economic growth, creating more jobs for U.S. workers," 
Shotwell said. "As the reform debate moves forward, we must advance a system 
that is innovative, fair and competitive for employers and employees. We should 
embrace solutions that reflect market demand and prioritize visas for employers 
who invest in U.S. workers."