Today, President Donald J. Trump signed a Proclamation to restrict the entry into the United States of certain H-1B aliens as nonimmigrant workers, requiring a $100,000 payment to accompany or supplement H-1B petitions for new applications to curb abuses that displace U.S. workers and undermine national security.
- The Proclamation restricts entry for aliens as nonimmigrants to perform services in specialty occupations in the H-1B program unless their petition is accompanied by a $100,000 payment.
- It directs the Secretary of Homeland Security to restrict approvals for petitions from aliens that are currently outside the United States that are not accompanied by the payment, and allows case-by-case exemptions if in the national interest.
- The Proclamation requires employers to retain documentation of payment remittance, with the Secretary of State verifying payment during the petition process and the Departments of State and Homeland Security denying entry for non-payment for the relevant aliens and taking other relevant steps needed to implement the Proclamation.
- It requires the Departments of Labor and Homeland Security to issue joint guidance for verification, enforcement, audits, and penalties.
- The Proclamation directs the Secretary of Labor to initiative rulemaking to revise the prevailing wage levels for the H-1B program and directs the Secretary of Homeland Security to initiate rulemaking to prioritize high-skilled, high-paid H-1B workers.