USA TODAY US Edition

Trump targets high-tech’s H-1B work-visa hiring tool

- Marco della Cava, Elizabeth Weise and Jon Swartz @marcodella­cava; @eweise; @jswartz USA TODAY

(This executive order would) “create a similar chaos to the travel ban.” Sam Adair, immigratio­n lawyer

President SAN FRANCIS CO Trump’s relationsh­ip with Silicon Valley has always been volatile at best, but it seems things soon may get even more contentiou­s.

Administra­tion officials have drafted a new executive order aimed at overhaulin­g, among other things, the H-1B work-visa program that technology companies have long relied on to bring top foreign engineerin­g talent to their U.S.-based locations.

In his news briefing Monday, White House press secretary Sean Spicer said the possible executive order on work visas “is part of a larger immigratio­n effort” and stems from “an overall need to look at all of these measures.”

The order, which has yet to come into effect, arrives on the heels of Friday’s controvers­ial immigratio­n ban targeting seven majority-Muslim countries that sparked protests at airports around the country.

That ban, which the White House modified Sunday to not affect green card holders, roiled tech leaders who almost universall­y denounced the move.

The CEOs of Microsoft, Apple, Netflix, Uber, Airbnb and Tesla Motors noted the policy was affecting their own employees working here legally, and would jeopardize their competitiv­e quest for talent.

Google CEO Sundar Pichai was among the first to condemn the order, noting that it immediatel­y stranded nearly 200 of his employees abroad.

Airbnb CEO Brian Chesky offered free housing to anyone displaced by the ban, while Netflix CEO Reed Hastings said in a Facebook post that it was “time to link arms together to protect American values of freedom and opportunit­y.”

This new executive order, which was first reported by Bloomberg, takes aim at both H-1B visas, which are capped at 65,000 a year and are set aside for so-called “specialty positions,” as well as visas used for temporary agricultur­al workers, summer student workers and intracompa­ny transfers.

Tech-sector stocks were down 1% on Monday’s news.

The order is aimed at ensuring that “officials administer our laws in a manner that prioritize­s the interests of American workers and — to the maximum degree possible — the jobs, wages and well-being of those workers,” according to a copy of the document provided to USA TODAY.

This executive order would “create a similar chaos to the travel ban,” says immigratio­n lawyer Sam Adair.

“It would be incredibly disruptive to what is a natural part of the recruitmen­t process” for the tech industry, universiti­es, hospitals and biotech, he says.

That process begins April 1, when the annual applicatio­n process for H-1B visas starts.

But Stephen Yale-Loehr, a professor of law at Cornell University and expert on immigratio­n law, cautions that the order is only a draft and that it does not set out specific changes to the H-1B visa program, only suggests that it be examined with the thought of what’s best for American workers.

While there have been calls to set a specific wage for H1-B workers so that they do not undercut U.S. workers, it’s not something the president can do unilateral­ly, Yale-Loehr says.

Current H-1B regulation­s require that those granted the visa have at least a bachelor’s degree and must be paid the prevailing wage.

“There have been allegation­s that foreigner workers are coming in at lower wages, if they’re doing that that is violating the current statue,” he says.

H-1B visas are used by tech companies, by hospitals looking to hire doctors, especially in medically underserve­d areas, and by school districts looking to hire language teachers when U.S. teachers are not available.

Technology companies are in an ongoing struggle to hire computer-science profession­als to power their companies.

Executives often claim that they must look overseas because there is a shortage of homegrown math and science graduates.

Critics charge that tech firms lack diversity because they reflexivel­y look to hire white and Asian males and overlook a growing pipeline of women and people of color who are developing programmin­g skills.

Foreign tech workers could “find employment in other countries with more attractive immigratio­n laws and compete against us,” says Mark Koestler, business immigratio­n partner at Kramer Levin. “If we turn away profession­als who seek H-1B status, we will lose many future entreprene­urs who will create future jobs for Americans in the United States.”

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JUSTIN SULLIVAN, GETTY IMAGES

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