On August 3, the Trump Administration signed an executive order that ordered the review of federal contractor and subcontractor’s use of nonimmigrant workers and overseas labor on federal contracts. The purpose of the executive order is to determine whether U.S. workers are adversely affected by hiring foreign nationals and H-1B workers. The H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations.

The executive order requires federal agencies to review their contractors’ and subcontractors’ use of nonimmigrant workers to fulfill contracts with the U.S. government and any offshoring of jobs to foreign countries, including the type of work performed by foreign workers and whether U.S. workers and U.S. national security interests are jeopardized by the hiring of nonimmigrants or the offshoring of labor. After review, the agencies have 120 days to report any results or recommended improvements to their procurement process.

The order also directs DOL and DHS to take action by September 17, 2020 to ensure that the wages and working conditions of U.S. workers are not adversely affected by the hiring of H-1B workers.

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