[閒聊] 100K for H1b new petition
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轉貼自白宮
https://www.whitehouse.gov/presidential-actions/2025/09/restriction-on-entry-of-certain-nonimmigrant-workers/
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
The H-1B nonimmigrant visa program was created to bring temporary workers
into the United States to perform additive, high-skilled functions, but it
has been deliberately exploited to replace, rather than supplement, American
workers with lower-paid, lower-skilled labor. The large-scale replacement of
American workers through systemic abuse of the program has undermined both
our economic and national security. Some employers, using practices now
widely adopted by entire sectors, have abused the H-1B statute and its
regulations to artificially suppress wages, resulting in a disadvantageous
labor market for American citizens, while at the same time making it more
difficult to attract and retain the highest skilled subset of temporary
workers, with the largest impact seen in critical science, technology,
engineering, and math (STEM) fields.
The number of foreign STEM workers in the United States has more than
doubled between 2000 and 2019, increasing from 1.2 million to almost 2.5
million, while overall STEM employment has only increased 44.5 percent during
that time. Among computer and math occupations, the foreign share of the
workforce grew from 17.7 percent in 2000 to 26.1 percent in 2019. And the
key facilitator for this influx of foreign STEM labor has been the abuse of
the H-1B visa.
Information technology (IT) firms in particular have prominently
manipulated the H-1B system, significantly harming American workers in
computer-related fields. The share of IT workers in the H-1B program grew
from 32 percent in Fiscal Year (FY) 2003 to an average of over 65 percent in
the last 5 fiscal years. In addition, some of the most prolific H-1B
employers are now consistently IT outsourcing companies. Using these H
1B-reliant IT outsourcing companies provides significant savings for
employers: one study of tech workers showed a 36 percent discount for H-1B “
entry-level” positions as compared to full-time, traditional workers. To
take advantage of artificially low labor costs incentivized by the program,
companies close their IT divisions, fire their American staff, and outsource
IT jobs to lower-paid foreign workers.
Further, the abuse of the H-1B visa program has made it even more
challenging for college graduates trying to find IT jobs, allowing employers
to hire foreign workers at a significant discount to American workers. These
effects of abuse of H-1B visas have coincided with increasing challenges in
the labor market in which H-1B workers serve. According to a study from the
Federal Reserve Bank of New York, among college graduates ages 22 to 27,
computer science and computer engineering majors are facing some of the
highest unemployment rates in the country at 6.1 percent and 7.5 percent,
respectively — more than double the unemployment rates of recent biology and
art history graduates. Recent data reveals that unemployment rates among
workers in computer occupations jumped from an average of 1.98 percent in
2019 to 3.02 percent in 2025.
Reports also indicate that many American tech companies have laid off
their qualified and highly skilled American workers and simultaneously hired
thousands of H-1B workers. One software company was approved for over 5,000
H-1B workers in FY 2025; around the same time, it announced a series of
layoffs totaling more than 15,000 employees. Another IT firm was approved
for nearly 1,700 H-1B workers in FY 2025; it announced it was laying off
2,400 American workers in Oregon in July. A third company has reduced its
workforce by approximately 27,000 American workers since 2022, while being
approved for over 25,000 H-1B workers since FY 2022. A fourth company
reportedly eliminated 1,000 jobs in February; it was approved for over 1,100
H-1B workers for FY 2025.
American IT workers have reported they were forced to train the foreign
workers who were taking their jobs and to sign nondisclosure agreements about
this indignity as a condition of receiving any form of severance. This
suggests H-1B visas are not being used to fill occupational shortages or
obtain highly skilled workers who are unavailable in the United States.
The high numbers of relatively low-wage workers in the H-1B program
undercut the integrity of the program and are detrimental to American workers
’ wages and labor opportunities, especially at the entry level, in
industries where such low-paid H-1B workers are concentrated. These abuses
also prevent American employers in other industries from utilizing the H-1B
program in the manner in which it was intended: to fill jobs for which
highly skilled and educated American workers are unavailable.
The abuse of the H-1B program is also a national security threat.
Domestic law enforcement agencies have identified and investigated
H-1B-reliant outsourcing companies for engaging in visa fraud, conspiracy to
launder money, conspiracy under the Racketeer Influenced and Corrupt
Organizations Act, and other illicit activities to encourage foreign workers
to come to the United States.
Further, abuses of the H-1B program present a national security threat
by discouraging Americans from pursuing careers in science and technology,
risking American leadership in these fields. A 2017 study showed that wages
for American computer scientists would have been 2.6 percent to 5.1 percent
higher and employment in computer science for American workers would have
been 6.1 percent to 10.8 percent higher in 2001 absent the importation of
foreign workers into the computer science field.
It is therefore necessary to impose higher costs on companies seeking to
use the H-1B program in order to address the abuse of that program while
still permitting companies to hire the best of the best temporary foreign
workers.
The severe harms that the large-scale abuse of this program has
inflicted on our economic and national security demands an immediate
response. I therefore find that the unrestricted entry into the United
States of certain foreign workers who are described in section 1 of this
proclamation would be detrimental to the interests of the United States
because such entry would harm American workers, including by undercutting
their wages.
Accordingly, by the authority vested in me as President by the
Constitution and the laws of the United States of America, it is hereby
ordered:
Section 1. Restriction on Entry. (a) Pursuant to sections 212(f) and
215(a) of the Immigration and Nationality Act (INA), 8 U.S.C. 1182(f) and
1185(a), the entry into the United States of aliens as nonimmigrants to
perform services in a specialty occupation under section 101(a)(15)(H)(i)(b)
of the INA, 8 U.S.C. 1101(a)(15)(H)(i)(b), is restricted, except for those
aliens whose petitions are accompanied or supplemented by a payment of
$100,000 — subject to the exceptions set forth in subsection (c) of this
section. This restriction shall expire, absent extension, 12 months after
the effective date of this proclamation, which shall be 12:01 a.m. eastern
daylight time on September 21, 2025.
(b) The Secretary of Homeland Security shall restrict decisions on
petitions not accompanied by a $100,000 payment for H-1B specialty occupation
workers under section 101(a)(15)(H)(i)(b) of the INA, who are currently
outside the United States, for 12 months following the effective date of this
proclamation as set forth in subsection (a) of this section. The Secretary
of State shall also issue guidance, as necessary and to the extent permitted
by law, to prevent misuse of B visas by alien beneficiaries of approved H-1B
petitions that have an employment start date beginning prior to October 1,
2026.
(c) The restriction imposed pursuant to subsections (a) and (b) of this
section shall not apply to any individual alien, all aliens working for a
company, or all aliens working in an industry, if the Secretary of Homeland
Security determines, in the Secretary’s discretion, that the hiring of such
aliens to be employed as H-1B specialty occupation workers is in the national
interest and does not pose a threat to the security or welfare of the United
States.
Sec. 2. Compliance. (a) Employers shall, prior to filing an H-1B
petition on behalf of an alien outside the United States, obtain and retain
documentation showing that the payment described in section 1 of this
proclamation has been made.
(b) The Secretary of State shall verify receipt of payment of the
amount described in section 1 of this proclamation during the H-1B visa
petition process and shall approve only those visa petitions for which the
filing employer has made the payment described in section 1 of this
proclamation.
(c) The Department of Homeland Security and the Department of State
shall coordinate to take all necessary and appropriate action to implement
this proclamation and to deny entry to the United States to any H-1B
nonimmigrant for whom the prospective employer has not made the payment
described in section 1 of this proclamation.
Sec. 3. Scope and Implementation of Restriction on Entry. (a) The
restriction on entry pursuant to section 1 of this proclamation shall apply
only to aliens who enter or attempt to enter the United States after the
effective date of this proclamation as set forth in section 1(a) of this
proclamation.
(b) No later than 30 days following the completion of the H-1B lottery
that immediately follows this proclamation, the Secretary of State, the
Attorney General, the Secretary of Labor, and the Secretary of Homeland
Security shall jointly submit to the President, through the Assistant to the
President and Homeland Security Advisor, a recommendation on whether an
extension or renewal of the restriction on entry pursuant to section 1 of
this proclamation is in the interests of the United States.
Sec. 4. Amending the Prevailing Wage Levels. (a) The Secretary of
Labor shall initiate a rulemaking to revise the prevailing wage levels to
levels consistent with the policy goals of this proclamation consistent with
section 212(n) of the INA, 8 U.S.C. 1182(n).
(b) The Secretary of Homeland Security shall initiate a rulemaking to
prioritize the admission as nonimmigrants of high-skilled and high-paid
aliens, consistent with sections 101, 212, and 214 of the INA, 8 U.S.C. 1101,
1182, and 1184.
Sec. 5. General Provisions. (a) Nothing in this proclamation shall be
construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or
agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and
Budget relating to budgetary, administrative, or legislative proposals.
(b) This proclamation shall be implemented consistent with applicable
law and subject to the availability of appropriations.
(c) This proclamation is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in equity
by any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
IN WITNESS WHEREOF, I have hereunto set my hand this
nineteenth day of September, in the year of our Lord two thousand
twenty-five, and of the Independence of the United States of America the two
hundred and fiftieth.
DONALD J. TRUMP
※ 編輯: cybergenie (75.80.130.33 美國), 09/21/2025 07:59:28
※ 編輯: cybergenie (75.80.130.33 美國), 09/21/2025 08:00:03
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