US: Visas Suspended Through 2020

Recently, the White House issued an executive order suspending temporary work visas through the end of 2020. Citing changing employment conditions brought about by the pandemic, the order aims to open more jobs to US workers in a time of high unemployment. Targeted programs include the H-1B visas used for skilled workers in the technology industry, the H-2B for seasonal workers, H-4 for spouses of H-1B workers, and J-1 visas for researchers and scholars.

Immigration continues to be a dynamic policy topic in the US and around the world, and the rules surrounding visas, workers, and the companies that engage them will continue to change. For example, the government settled on an agreement that would overturn its recent requirement for staffing firms to provide detailed information about the foreign workers they place in the US. That rule required evidence for the duration of the requested visa terms, where the foreign citizens will work, and what jobs they will do. Meanwhile, the US Customs and Immigration Service issued its first estimate on the number of H-1B visa workers in the US at 583,420.

Takeaway: Companies need to ensure that the workers they engage, whether directly or through their contingent workforce suppliers, have the proper qualifications. Those individuals who are offshore and do not currently possess a valid visa in their passport must remain outside the US at least until the beginning of next year. For those individuals already in the US, there is no impact on their work authorization; however, they must remain in the US and not travel internationally, unless they have a valid visa in their passport.

Companies have reported cases in which the federal government has audited their records in connection with their employees who work pursuant to visas. If an organization fails an audit, the penalty can reach beyond the individual worker being assessed and instead impact the supplier’s entire population of visa workers. Due to the nature of the staffing and outsourced services industries, which include MSPs and staffing suppliers, I-9 audits are more common than in other areas of business. We have seen an uptick in ICE audits over the past several years, as well as an increase in PERM Labor Certification audits. A talent solutions partner like AGS can support an organization’s task of monitoring multiple sources of workers and staying up-to-date as the rules change.

US: Visas Suspended Through 2020

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