Immigration Advisors Warn Of Impact Of Trump’s New Order
Immigration advisors warn that renewed H-1B costs and tighter rules could increase employer compliance risks and push skilled workers toward other countries.
Immigration advisors and lawyers said renewal of the $100,000 fee under the new executive order of US President Donald Trump will hit employers hardest, and warned that repeated rule changes on H‑1B and specialised immigrant workers could push applicants to look outside the US.
Attorney Bhumireddy Sai Srinivas Reddy told Deccan Chronicle the order directs the Departments of State, Labour and Homeland Security to examine whether a sponsoring employer has laid off similarly situated US workers within the prior year or plans layoffs that could affect them. “This applies at every stage: the labour condition application, the USCIS petition, the consular visa, and admission at the port of entry,” he said.
He explained that if laid‑off positions resemble the sponsored roles in duties, qualifications and location, agencies may treat the layoffs as weighing against the filing. “Similarly situated” is likely to be interpreted through the regulatory concept of “essentially equivalent” jobs, though layoffs in unrelated departments or locations may carry less weight.
Consultant M. Dinesh said the order could gravely hurt H‑1B employers. “If the employer had fired an American worker within one year for any reason, and is planning on hiring an international worker on an H‑1B visa, the new order essentially bars them from doing so,” he said, adding that the Department of Labour may reject many applications. He noted that Canada is actively calling for skilled workers and offering incentives, making it an attractive alternative if US restrictions continue.
“For companies that rely on foreign talent, the practical reality is heightened compliance risk and reduced predictability regardless of how litigation resolves. For workers, immigration outcomes now depend more heavily on employer decisions they do not control,” Srinivas Reddy said. He added that both employers and workers will be watching three developments: the appellate ruling on the $100,000 fee, the final version of the DHS fee rule after the September 24 comment deadline, and agency guidance on how the layoff order will be applied.
