This evening the White House issued an executive order, "Enhancing Program Integrity and Interagency Coordination in the Administration of the H-1B Nonimmigrant Visa Program." The order asserts there is "large-scale, systematic abuse" of the program by certain employers, placement groups, and outsourcing firms seeking lower-paid, lower-skilled foreign labor. It then directs State, Labor, and Department of Homeland Security (DHS) to coordinate with Commerce, Education, and Small Business Administration to ensure H-1B filings comply with INA §§ 101(a)(15)(H)(i)(b), 212(n), 214(i), and 274B. It also instructs those agencies to weigh employer layoffs affecting similarly situated U.S. workers when handling H-1B filings. In addition, it orders Department of Labor (DOL) to begin reviewing past LCAs for possible enforcement action within 30 days, and delegates the President's § 215(a) entry authority to the various agencies.
Directing several agencies to coordinate the weighing of an employer's recent or planned layoffs affecting American workers when handling LCAs, petitions, visas and giving them the authority to act could prove to be a very helpful at a time of so many layoffs.
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