Temporary Employment Visas The viability of the H1-B program in particular may be under assault, with Mr. Trump singling it out on the campaign trail as depriving Americans of well-paying jobs. Already bipartisan legislation has been introduced in the 115th Congress that would attempt to dramatically increase the salary threshold for H1-B visas and strike the master's degree exception. The intent of such efforts is in line with Mr. Trump's commitment "to ensure that open jobs are offered to American workers first" and a bill along these lines would presumably be signed if able to reach the president's desk. Greater scrutiny by the administration, however, may be more immediate. In a recent video address, Mr. Trump promised to "direct the Department of Labor to investigate all abuses of visa programs that undercut the American worker." Importantly, DOJ Secretary nominee Jeff Sessions has referred to the STEM shortage as the "Silicon Valley STEM hoax." Yet, Labor Secretary nominee Andy Puzder has in the past expressed more support for more open immigration policies. In 2015 Wall Street Journal op-ed, he said, "If current quotas are bringing in enough talent, let’s keep them. If more immigration or less red tape will boost the economy, let’s try that. Guest-worker visas should ebb and flow with the economy. Legal immigration should focus more on what workers can contribute to the economy, as is the case in most other nations, and less on distant familial relationships."
Suspending Visas from Countries Where "Adequate Screening Cannot Occur" The President-elect has promised to halt the issuance of all visas from countries and regions selected by a promised DOJ, DOS, and Homeland Security review until "proven and effective vetting mechanisms can be put into place." While geared toward allaying national security concerns, such a measure could have an impact on employers as well. Historically used sparingly and narrowly to block certain persons from setting foot on American soil, under the provision, the president theoretically could apply such a policy to an entire country without Congressional approval. Presumably, this largely includes nations in the Middle East, though the extent to which a Trump administration will apply the program is unclear.
