Yesterday, President Trump signed the Presidential Executive Order on Buy American and Hire American, which includes a section addressing changes to the H-1B program which would give preference to H-1B petitions based on salary and skill level. Despite the fanfare with which this provision was announced, in reality, it merely calls on various agencies to “suggest reforms,” and does nothing to change the current system.
The text is limited to ordering the executive brach to make suggestions because when it comes to changing the way H-1B visas are allocated, that is all the executive branch has the power to do. Only Congress can change the way H-1B visas are allocated. To understand why this is so, you need to know a few basics about [Read more…]