Executive Order: H-1B Worker Appreciation and Protection....

Executive Order: H-1B Worker Appreciation and Protection Initiative

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Executive Order: H-1B Worker Appreciation and Protection Initiative

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

SECTION 1. POLICY

It is the policy of the United States to recognize and appreciate the critical contributions of H-1B visa holders to the economic growth and innovation of our country. In light of the unique challenges they face, including unexpected layoffs, this Executive Order seeks to provide enhanced protections and support to H-1B workers during periods of unemployment.

SECTION 2. ONE-YEAR GRACE PERIOD FOR H-1B WORKERS

(a) Extension of Grace Period :

- The Secretary of Homeland Security, through the U.S. Citizenship and Immigration Services (USCIS), is directed to extend the grace period for H-1B visa holders who are laid off or terminated from their employment from the current 60 days to 1 year .

- During this grace period, H-1B visa holders will maintain their lawful status in the United States while seeking new employment, adjusting their visa status, or preparing to return to their home country.

(b) Interim Guidance :

- The USCIS shall issue immediate guidance to employers, workers, and immigration attorneys regarding the implementation of the extended grace period.

- Within 30 days of this order, the USCIS shall update all relevant forms and procedures to reflect the extended grace period.

SECTION 3. UNEMPLOYMENT BENEFITS FOR H-1B WORKERS

(a) Eligibility for Unemployment Benefits :

- The Secretary of Labor is directed to assess and revise existing unemployment insurance regulations to ensure that H-1B visa holders who are terminated unexpectedly are eligible for unemployment benefits during their grace period.

- The Department of Labor shall establish a framework allowing H-1B visa holders to apply for unemployment benefits through state programs, based on their employment contributions, as long as their visa remains valid.

(b) Unemployment Insurance Fund for H-1B Workers :

- The Department of Labor shall create an Unemployment Insurance Fund specifically for H-1B workers. This fund will be financed through employer contributions, similar to the existing unemployment insurance program, to ensure that H-1B workers have access to financial support during periods of unemployment.

(c) State Collaboration :

- The Secretary of Labor shall coordinate with state governments to ensure consistent administration of unemployment benefits for H-1B workers across all states.

SECTION 4. ADDITIONAL PROTECTIONS FOR H-1B WORKERS

(a) Employer Notification Requirements :

- Employers sponsoring H-1B workers must provide a minimum of 30 days' notice before layoffs or termination, except in cases of termination for cause. Employers must notify USCIS immediately upon termination.

(b) Access to Career Resources :

- The Secretary of Labor shall ensure that all H-1B workers have access to career services , including job placement programs, training, and counseling, to help them secure new employment during their grace period.

(c) Public Awareness Campaign :

- The Secretary of Labor and the Secretary of Homeland Security are directed to launch a public awareness campaign highlighting the rights of H-1B workers, their eligibility for unemployment benefits, and the extended grace period. This campaign will target employers, H-1B visa holders, and the general public.

SECTION 5. IMMIGRATION SUPPORT DURING ECONOMIC DOWNTURNS

(a) Flexibility in H-1B Transfers :

- The Secretary of Homeland Security shall expedite the processing of H-1B transfers when a visa holder changes employers, especially in cases where layoffs are widespread due to economic downturns. Visa holders in good standing shall be allowed to start work with a new employer upon receipt of the transfer application, without having to wait for final approval.

(b) Special Provisions During National Economic Emergencies :

- In times of national economic crises or industry-specific downturns (such as in the tech industry), the Secretary of Labor and Secretary of Homeland Security may extend the grace period for H-1B workers beyond one year, and provide additional support in the form of job placement assistance and expedited visa transfers.

SECTION 6. REPORTING AND OVERSIGHT

(a) Annual Reporting :

- The Secretary of Labor and the Secretary of Homeland Security shall submit an annual report to the President detailing the impact of these protections on H-1B workers, including:

- The number of H-1B workers who receive unemployment benefits.

- The number of H-1B workers who find new employment during the grace period.

- The financial status of the Unemployment Insurance Fund for H-1B workers.

(b) Oversight :

- The Department of Labor and USCIS shall oversee the implementation and compliance with this Executive Order, ensuring that all eligible H-1B workers receive the protections and benefits outlined herein.

SECTION 7. EFFECTIVE DATE

This Executive Order shall take effect immediately upon signing, and the provisions related to the extended grace period and unemployment benefits shall be implemented within 60 days of this order.

SECTION 8. SEVERABILITY

If any provision of this Executive Order, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this Order and the application of its provisions to other persons or circumstances shall not be affected.

Signed : [President’s Name]

Date : [Date of Signing]

Key Points of the Executive Order:

- 1-Year Grace Period: Extends the grace period for H-1B workers after layoffs from 60 days to 1 year.

- Unemployment Benefits: Directs the Department of Labor to provide unemployment benefits to H-1B workers during their grace period.

- Employer Responsibilities: Requires employers to provide notice of termination and notify USCIS, ensuring smooth transitions for H-1B workers.

- Career Support: Ensures H-1B workers have access to job placement and career services during their grace period.

- Coordination with States: Facilitates collaboration between the federal government and state unemployment agencies to administer benefits.

This Executive Order would enable immediate implementation of these changes, providing necessary protections for H-1B workers in the event of layoffs, while Congress works on more permanent legislative solutions.

IF YOUR CURRENT ADMINISTRATION WOULD LISTEN TO THE PEOPLE THEY REPRESENT, THIS WOULD ALREADY DONE..