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Operating in a Time of Uncertainty: U.S. Immigration Reform *Update*
On March 6, 2017, the Trump Administration released an updated version of the Executive Order that suspended immigration into the United States from seven countries.
To refresh…
The Executive Order signed by the President on Friday, January 27, 2017 suspended admission into the U.S. for 90 days for people from seven locations: Iraq, Syria, Sudan, Libya, Somalia and Yemen. The order extended to citizens of those seven locations that hold U.S. visas or U.S. green cards.
Subsequent press reports and official Department of Human Services’ statements issued on Sunday, January 29, 2017, confirmed that lawful permanent residents from the seven identified countries were permitted to enter the U.S., however those individuals would potentially face additional questioning prior to being granted entry.
On Friday, February 3, 2017, a Washington judge blocked President Trump’s January 27th order, and a U.S. appeals court denied a request from the U.S. Department of Justice to immediately restore the immigration order on Saturday, February 4, 2017.
What changes were made in the updated version?
The updated version of the Executive Order released on March 6th, removed Iraq from the list of “banned” countries based on the Iraqi government reassurances of increased information sharing with the United States. The remaining six countries from the original Executive Order (Syria, Sudan, Libya, Somalia and Yemen) remain on the travel ban list.
Citizens from the identified six countries are subject to a 90-day travel ban to the United States; however, it is understood that the ban does not apply to those individuals who hold current U.S. permanent resident status/U.S. green card holders. Refugees, including those from Syria, are subject to a 120-day suspension of the refugee program.
The new Executive Order is scheduled to be in effect as of Thursday, March 16, 2017.
In other immigration news…
As of April 3, 2017, the U.S. will temporarily suspend expedited processing of H-1B visas, effectively eliminating the option for shorter wait times for those visa approvals.
“Standard” H-1B visa processing can take between three and six months. The H-1B visa is a non-immigrant visa that allows U.S. companies to employ graduate-level workers in specialty occupations that require theoretical or technical expertise in specialized fields such as IT, finance, accounting, architecture, engineering, mathematics, science, medicine, etc.
The focus on H-1B visa holders is to enforce the intent of the visa, which is to provide the opportunity to foreign nationals with specialized skills who hold, at a minimum, a Bachelor’s degree or the equivalent to temporarily enter into the U.S.. H-1B visa issuance is not intended to serve as a “cheap labor program” alternative to the hiring of local U.S. citizens, possibly a higher-cost talent.
How does this affect global mobility?
The Trump Administration continues to focus on immigration reform, and the impact to global mobility programs is/can be significant. In an era of geopolitical changes in the U.S., and across the globe, companies should…
- Assess where they need skilled workers, as it may become more difficult to move talent across international borders.
- Determine how alternate work arrangements (e.g., telecommuting) may fit into their organization’s talent management strategy.
- Engage in contingency planning so they do not find themselves in a situation where they are unable to execute on strategic initiatives because they do not have access to the necessary talent.
- Create readiness plans that demonstrate the employer’s responsibility of duty of care.
As immigration reform continues to develop and the situation continues to change, SIRVA’s global footprint, vendor relationships, and existing processes can provide a support network to companies and their relocating employees to define and implement an action plan that will promptly address employee concerns and needs.