White House likely to issue immigration restrictions: sources

The new order is likely to renew the first one which restricted new immigrant visas from outside the U.S. and is due to expire on Monday. It is also likely to include additional visa categories

June 20, 2020 08:15 pm | Updated 10:14 pm IST

Representational image

Representational image

A potential executive order from U.S. President Donald Trump restricting, for a limited period, several visa categories including the H1-B skilled worker program is expected in the next few days as per multiple industry sources.

Mr. Trump and his advisers met with stakeholders from U.S. government departments on Tuesday, as per sources, to finalise an executive order on immigration – the second since April 22. The new order is likely to renew the first one which restricted new immigrant visas from outside the U.S . and is due to expire on Monday. It is also likely to include additional visa categories.

An announcement on the new order is expected early next week but possibly as early as Saturday evening U.S. time at Mr. Trump’s MAGA (Make America Great Again) rally in Tulsa, Oklahoma, as per The Hindu ’s sources. Several media outlets have been reporting an extension and broadening of April’s executive order since mid-May. The extensions are likely to include H-1B visas, H-2B visas (temporary non-agricultural workers), L1 (intracompany transfers), H4 (immediate relatives of H1B visa holders), J1 exchange visitor visas and optional practical training (OPT) authorization given to foreign students already in the U.S.

Last week’s meetings indicate that the order is taking shape. The individuals at the meeting included White House advisers Stephen Miller and Jared Kushner (who is the President’s son-in-law), National Economic Council head Larry Kudlow as well as principals from several government departments such as the Department of Homeland Security (DHS), U.S. Citizenship and Information Services (USCIS), the Department of State and the Department of Labour, industry sources told The Hindu .

Also read: What is the impact of Donald Trump’s immigration ban on skilled workers from India?

The U.S. issues 85,000 new H1-Bs each year. Just over 70% of H1-B visas (initial employment and continuing employment) have been allotted to Indians in the last two fiscal years. The bulk of these go to IT consulting firms and big tech -Google, Amazon, Facebook, Apple and others. Google and Amazon topped the list of new H1-B visa receipts in FY19.

With implications for U.S. employers and knock-on effects on companies serviced by these employers, some U.S. businesses are concerned about the implications of the looming executive order.

Also read: Analysis | Trump has taken his administration’s war on immigration to the next level

“Policies that would, for example, impose wide-ranging bans on the entry of non-immigrant workers or impose burdensome new regulatory requirements on businesses that employ foreign nationals would undermine that access to talent, and, in the process, undercut our economy’s ability to grow and create jobs,” CEO of the U.S. Chamber of Commerce Thomas Donohue said to Mr. Trump, in a letter dated June 12.

Unemployment rates in ‘computer occupations’ was 2.5% in May 2020 – much lower than the 13.5% unemployment rate for that month all other occupations, according to Bureau of Labor Statistics analyzed by the National Foundation for American Policy, a non-partisan research organization.

The Trump administration, whose immigration policies are sometimes known to be driven more by politics than by data, has progressively made legal immigration to the U.S. harder via a number of executive orders. It has generally adopted the line that that foreigners are taking American jobs and at lower wages.

A central driving force behind this position is Senior White House adviser Stephen Miller. There are also others in the administration (who are part of the current discussions), such as USCIS acting head Ken Cuccinelli, who are known to be hawkish on immigration while Mr. Kushner and Mr. Kudlow are known to take a softer line.

The State Department, whose representative was present at the meetings during the week, is also aware of the importance of visas, The Hindu ’s sources said. Visas are an important driver of income for the Department. Also, as the point of contact with other countries, the Department will have to deal with the fallout of any restrictions on visas.

Restrictions likely to be renewed before elections

Some of those crafting the new order will likely have two dates in mind as per discussions The Hindu had with those tracking the issue. The first is October 1, when the USCIS fiscal year begins and employment for new H1B visa holders may begin. The second date is November 3, when the U.S. has a general election.

Any new restrictions are likely to be for a relatively short duration, so they can be renewed in a way that keeps the politically hot topic fresh as the U.S. heads towards a November general election.

“You want multiple opportunities to highlight this to your base,” one of the industry sources told The Hindu .

Any restrictions are likely to involve exemptions for medical professionals and COVID-19 related work. Not including such an exemption is likely to go down badly for Mr. Trump who has already been criticized for his handling of the pandemic.

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