Executive Order: One Voice for America’s Foreign Relations

On February 12, President Donald Trump announced an executive order indicating  to consular officers and foreign officers that “failure to faithfully implement the President’s policy is grounds for professional discipline, including separation.”  Those employees charged with implementing the President’s foreign policy must therefore provide the means for ensuring that officers and employees faithfully implement the President’s policies.

The order also directs the Secretary of State to revise or replace the Foreign Affairs Manual.

So, what does the One Voice for America’s Foreign Relations Executive Order mean for visa applicants and employers?

Visa interviews will become more challenging as consular officers may fear for their own jobs if they do not implement more restrictive interpretations of guidance. If the Foreign Affairs Manual is revised or no longer used, there could be inconsistency in visa application decisions as consular officers manage to interpret any new guidance. 

Coupled with the extreme vetting already ordered via the previously discussed Executive Order: Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats, employment-based visa applicants and the companies they work for should expect tougher visa interviews with extreme vetting.

Visa applicants should expect that officers will review documentation more carefully--even in the event of a renewal.  

In addition, visa applicants should ensure that their social media reflects the same information in their visa application.  For example, if someone is sponsored for an H-1B visa as a Software Engineer, their LinkedIn should not indicate they are a Vice President or Manager.  Another example is if someone is applying for a non-immigrant visa such as a business visitor visa, they should not post that they can’t wait to move to the U.S. All applicants should expect that social media posts will be reviewed, especially since that was a part of the extreme vetting we saw during the first Trump Administration.

Additional preparation for visa interviews may be required, particularly for any applicant who will apply for a purely non-immigrant visa type such as B-1 or TN visas. What are that individual’s ties to their home country? 

It goes without saying that L-1 applicants should be prepped for visa interviews since they must understand how they qualify under the L-1 category. H-1B employees and the employers who sponsor them should ensure they are monitoring for changes in worksite locations or changes in job functions/duties that could result in the need for filing an H-1B amendment. If an H-1B petition was approved by USCIS for one position at locations X and Y, the employee’s visa application should align with the details of that same position and same work locations. 

Travel to obtain a visa may require a risk analysis. If an employee will require a new visa to re-enter the U.S., remember there is some unknown amount of risk involved. Delays in obtaining visa appointments, consular delays, unexpected denials, or administrative processing risks are inherent with every visa application. These risks do not present when a change of status or extension is granted from USCIS.

Employers, as you strategize how to file post registration selected H-1B Cap petitions, ensure the prospective employee understands the potential risks related to travel, and therefore related to activating an H-1B consular approval versus remaining in the U.S. to commence work via change of status.