Plain optics! This is going nowhere but I would take recapture with two hands (if that is possible)Quote:
Originally Posted by idliman
Thanks for posting though...good read.
Printable View
Plain optics! This is going nowhere but I would take recapture with two hands (if that is possible)Quote:
Originally Posted by idliman
Thanks for posting though...good read.
Don't know how much of these will come to pass, but there are dark days ahead.
https://www.immigration.net/2020/06/...on-immigrants/
Literally nothing new in this article. Its basically a full wish list of immigration hawks. Remains to be seen how much of these ideas see the light at the end of the day. Remember we are already in June and any regulatory change will take time for administrative implementation even if comment periods are potentially bypassed (sigh) and the clock is running out. Entry bans through presidential proclamations are possible but expect plenty of carve outs even there. All said and done this is an equally pro-business administration and therefore rhetoric will be super tough but implementations will likely continue be pro-business especially when the election hinges on a swifter economic recovery. Atleast that's what the history says in the past 4 years!Quote:
Originally Posted by Turbulent_Dragonfly
As far as barring entry goes, remember MOST consulates are still closed and there is zero visa issuance (immigrant or non-immigrant). Needless to mention the ban in international travel from MOST countries to/from the USA due to the pandemic. A proclamation nevertheless will make for another political maneuver to please an uneasy base as they run out of bullets to fight the slump seen in the polls especially recently.
https://www.linkedin.com/posts/kpoll...60484608-n_Wn/
https://twitter.com/gsiskind/status/...763108864?s=09
as per the lawyer(s) its going to be at least 90 days.
https://www.uschamber.com/sites/defa...bans_potus.pdfQuote:
Originally Posted by maverickwild
https://thehill.com/latino/502431-ko...are-work-visas
As expected US Chamber of Commerce and Koch foundation are revving up their efforts.
No matter what administration's original position has been ... if Koch asks something ... this administration will make double the effort to make sure that does not happen. Why so? This goes back to Koch's refusal to endorse trump during 2016 primaries. In fairness to Trump, Koch is the personification of American war machine, and Trump ran on anti war platform. So the bottomline is - whatever Koch is asking, not going to happen.Quote:
Originally Posted by Zenzone
Okay! What about The US Chamber of Commerce?? Also, let's then blow the sirens that its doomsday! Its not that either. So I disagree with you. All I'm trying to say is there are many forces in play. Some for and some against.Quote:
Originally Posted by qesehmk
That's ok. Ours are just opinions. My opinion is he is going to do all it takes to keep his base energized. And the way to keep base energized is to harp on all fault lines. Immigration is probably the biggest fault line. Ergo ...Quote:
Originally Posted by Zenzone
So DACA survives the Supreme Court test. As an outsider to that process, I do understand the plight of Dreamers. We at least had a definitive choice to come here and make a life but they had no choice and suddenly asked to leave what is their home in every sense. Shame on the people on both sides that they can't have consensus on this to pass a law to address that.
I second your opinion. But also it comes with a caveat here. Children of legal immigrants who are at the risk of aging out do not have the same advantages as that of illegal folks. So I see a reason why not everyone would sympathize. Personally, I believe both should be afforded the same luxury of staying here.Quote:
Originally Posted by Turbulent_Dragonfly
I agree that children are children and in most EB cases also the children only know US as the country they grew up in.Quote:
Originally Posted by vsivarama
IMHO EB immigrants need to get involved with the broader immigration organizations rather than make this EB vs FB food fight.
If DACA sustains, then it at least creates a moral (not necessarily legal) precedent to sympathize with children of EB immigrants.
By joining hands with FB, EB can create more intensity and focus. Otherwise EB immigration will remain mired in its own cocoon and will get played by the partisan politics.
I am happy that Dreamers won today to face a newer battle that may or may not come up. I have predicted that Supreme Court will uphold the cancellation of the DACA on the grounds that the president has the authority. The Supreme Court did not comment on that authority. They just said that the admin did not follow the right procedure in cancelling DACA. Tomato OR Tometo OR Tammatar OR Thakkali OR Tamata. They are the same thing so DACA recipients win.
If Trump wishes, he can restart the process of cancelling DACA. So the Dreamers win today to face another day. However, I think they will defer that till November unless they run out of options to energize the hard right.
Now with this win, democrats are not going to compromise. Republicans will be saying uphold the Law. Nothing is going to move on the immigration front for the next 2 years or so. Exiting Trump admin in 2nd term or new JB admin will not touch immigration in the first few years of term. Trump admin will be furious and will resort to EO’s. Anything and everything on EO’s (other than travel ban type things already upheld) will be contested in the courts.
Though my children are Americans, I do sympathize with the dependent kids who are always overachieving but are left in the lurch later on. It's not their fault obviously but the issue at hand is the eternal purgatory of the H1 visa. But to say that they don't have "the advantages of illegal folks" does not sit well with me as a majority of them grow up with a lot of privilege and creature comforts that we yearn to provide them as many of us struggled and worked hard and came here to make a new life. A lot of DACA kids in their young life have experienced their parents cower in terror of ICE raids, living in the shadows and being deprived of opportunities. Some have been separated from their parents who were successfully deported or self-deported to escape scrutiny and grew up with relatives or other people. What kind of life is that? I can't imagine living in one country and have my children grow up somewhere else not knowing what's going on in their daily lives, so there is no parallel to children of EB immigrants.Quote:
Originally Posted by vsivarama
You probably have issue with the language that I used which is a fair critique. But here are the facts on the ground. i) DACA folks have EAD and hence can work for any employer and have better job mobility. There is no EAD that dependent kids can bank on. Even H1 folks do not have the benefits of EAD (for those who have not been able to file for 485). There is also the constant threat of H4-EAD being dismantled. ii) Being on EAD qualifies you to have unemployment benefits whereas no such benefits of being in H1. iii) With the constant RFE's and short term approvals and rejections I would say a lot of H1 folks quality of life hasn't been that spectacular either vs EAD which is a more simpler approval process. Don't get me wrong, I am not saying they do not deserve better. Just saying may be the legal immigrants deserve the same benefits (not more, not less). There should be some incentive to migrate legally (be it asylum, FB etc.) instead of the opposite.Quote:
Originally Posted by Turbulent_Dragonfly
That's exactly what's happening in the EB community. Either give up your dream or risk separation from your kids.Quote:
Originally Posted by Turbulent_Dragonfly
Agree with you on DACA. However I take exception that DACA/Illegal's plight is the sole focus for action of both parties and have not even a word to say about the Legal immigrants plight (especially kids who age out..how is that fair?)!Quote:
Originally Posted by Turbulent_Dragonfly
Can we start some kind of advocacy/protest to prod the CO to do the right thing!
Certainly not my call and only a suggestion, but the only reason I visit and post here is because of the advocacy-free conversations :) and it would be great to keep it like that and stick to predictions.Quote:
Originally Posted by bodhi2000
"Senior administration officials confirm that President Trump signing an executive order that will suspend H-1B, H-2b, H-4 and other temporary visas.. Officials say part of efforts to protect 520,000 jobs and get Americans back to work."
As per the reports out, the ban on immigrant visas has been extended until end of 2020 and will include guest workers like H-1b, H-4, L-1, H-2Bs, J-1.
Looks like more spillover to EB next FY.
I agree , no protest and advocacy.
WSJ article saysQuote:
Originally Posted by EB22010Dec
does that mean no extension on H4 EAD ? or no New H4 EAD ?Quote:
"The restrictions are set to last beyond Oct. 1, the start of the government’s fiscal year, when new H-1B visas in particular tend to be issued.
They also apply to the spouses of H-1B holders, who, because of an Obama-era policy change, are also able to work on visas known as H-4s.
No - This is for new H1s and their dependents (H4) who will need a visa stamped to come into the country. For those who are already in the US, it should not have an impactQuote:
Originally Posted by drop2ocean
Thanks NJMavarick !
GSiskind's thread on what's in the EO:
https://twitter.com/gsiskind/status/1275178397816311808
Now wtf does this mean: (From EO)
The Secretary of Labor shall, in consultation with the Secretary of Homeland Security, as soon as practicable, and consistent with applicable law, consider promulgating regulations or take other appropriate action to ensure that the presence in the United States of aliens who have been admitted or otherwise provided a benefit, or who are seeking admission or a benefit, pursuant to an EB-2 or EB-3 immigrant visa or an H-1B nonimmigrant visa does not disadvantage United States workers in violation of section 212(a)(5)(A) or (n)(1) of the INA (8 U.S.C. 1182(a)(5)(A) or (n)(1)). The Secretary of Labor shall also undertake, as appropriate, investigations pursuant to section 212(n)(2)(G)(i) of the INA (8 U.S.C. 1182(n)(2)(G)(i)).
Official release:
https://www.whitehouse.gov/president...irus-outbreak/
Its basically saying the PERM and LCA need to be revisited and further tightened when possible as the law peemits.Quote:
Originally Posted by rocketfast
Are they saying they would stop/canceling EAD renewals or stop approval of new I-140 ?Quote:
Originally Posted by Zenzone
I guess you are good, even people with exisintg H1B visa are good.Quote:
Originally Posted by march1612
Here is from lawyers website.
https://www.murthy.com/2020/06/22/ne...ing-h1b-and-l/
NO! DOL is primarily instructed to basically look for ways to potentially change LCA and/or labor certification process as allowed in the law (primarily thru rulemaking).Quote:
Originally Posted by asankaran
There was an article from Jessica Vaughan of CIS a few weeks ago with CIS's wishlist to ban. One of their requests was the need to re-certify already approved PERM as the economy is very different than what it was a few years ago. My sense is that it is hinting at exploring that.Quote:
Originally Posted by Zenzone
If they get away with it, I wonder if it will impact folks with pending 485s. Here is an excerpt from her articleQuote:
Originally Posted by rocketfast
We recommend that the president take much bolder steps to help U.S. workers. For example, he should direct the Department of Labor and USCIS to review the labor certifications of thousands of pending employment-based green cards in order to ensure that the employer requests are still justifiable, that the businesses are still viable, and that the foreign workers are still needed at this time. The president should suspend all temporary work visa programs, including seasonal workers and white-collar visa workers, at least until the labor market stabilizes, or until Congress can pass needed reforms.
Posting this Murthy article for people who are looking for more details about today's EO. Thanks.
https://www.murthy.com/2020/06/22/ne...ing-h1b-and-l/
NewsFlash! Trump Signing Executive Order Restricting Work Visas, Including H1B and L
22 Jun 2020
UPDATE: 22 Jun 2020 at 6:27 p.m.
The text of President Trump’s executive order has now been released. Per the order, the following new restrictions are being implemented:
The executive order applies to foreign nationals who seek to enter the United States in H1B, H-4, H2B, L-1, or L-2 status.
The order also applies to those requesting admission in J status “…who are participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any alien accompanying or following to join such alien.”
The executive order does NOT apply to anyone who is in the United States as of the effective date of the order, which is 12:01 a.m. eastern daylight time on June 24, 2020.
The order does NOT apply to anyone who has a valid nonimmigrant visa as of the effective date.
The order does NOT apply to anyone who has “…an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.”
The order does NOT apply to “…any alien seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain.”
The order does NOT apply to “…any alien whose entry would be in the national interest….”
This executive order is scheduled to remain in place through December 31, 2020, and may be extended beyond that date.
Original post 22 Jun 2020 at 5:05 p.m.
President Trump is expected to sign an executive order today that will apparently restrict the issuance of new visas in various nonimmigrant categories, including H1B, L-1, and H2B, for the rest of the calendar year. According to the White House, this is being done to protect U.S. workers, following the massive job losses caused by the COVID-19 pandemic.
As of the time of this writing, the text of the executive order is not yet available. Therefore, it is difficult to determine precisely what will be restricted by the executive order. As soon as the text is released, a more detailed analysis will be posted on MurthyDotCom.
Copyright © 2020, MURTHY LAW FIRM. All Rights Reserved
These things will require rule-making. So not an immediate impact. Also, how much of these see the light at the end of the day remains to be seen. For example, they could also stratify additional certification requirements only for PERM jobs that are paying below certain wage levels. Anything that's too burdensome administratively on the businesses will face resistance IMO. That said, they may ask employers to attest that the PERM job offer is still intact and the business is viable when the 485 AOS is filed. But they are doing here is to keep this is a focus topic to move the attention from other mainstream negative news cycle. So the rhetoric is (and will be) be charged on these topics as well as other topics that plays into the base until November. Bottom line, reacting to the actual news and not to rumors tends to be helpful during these times!Quote:
Originally Posted by rocketfast
Also for the sake of kicks, this is what Jessica Vaughan actually wanted (full wish list) when the 4/22 ban (prior ban) went into effect ;)
Next, the president's order lists a number of important exceptions to this "suspension". These include:
Green card holders.
Medical workers and researchers applying for immigrant visas, and their families. It is not clear if these applicants can now bypass the long waiting list for family and employment green cards, or if this applies only to those applicants whose turn has arrived. I suspect the former.
Applicants in the aforementioned, extremely controversial, EB-5 program, which is a pet category of Jared Kushner, who leads the White House immigration reform team. For more on this program, see the Center's extensive archive of EB-5 research by my colleague David North.
Spouses, children, and prospective adoptees of U.S. citizens.
Relatives of members of the military.
Afghans and Iraqis who have worked for the U.S. government.
Any other alien whose entry is determined to be in the national interest.
She wanted to ban all of these folks!!
If you really want to reduce the unemployment rate, hire all of them into USCIS and that way they can clear the backlogs and also employ the citizens as they are the ones most eligible for govt jobsQuote:
Originally Posted by Zenzone
If the DOL revokes an underlying PERM which can be done at any time it affects the ability to extend h1b based on approved I-140s. I think Obama's AC 21 job portability rule doesn't protect the post 6th year extension in that case. This could be a round about way to potentially disrupt and work around post 6th year h1b extensions based on approved I-140s by making them go through a re-certification.
USCIS Job Portability Rule Takes Effect
UNITED STATES
United States
A new USCIS regulation intended to ease restrictions on job mobility for foreign workers awaiting employment-based permanent residence took effect today. The new rule also establishes grace periods for non-immigrant workers before and after their employment, and provides automatic work authorization extensions to adjustment applicants and certain other classes of foreign nationals who have timely filed for renewal of an employment authorization document (EAD).
The rule codifies USCIS's interpretations of two key statutes, the American Competitiveness in the Twenty-First Century Act (AC21), enacted in 2000, and the American Competitiveness and Workforce Improvement Act (ACWIA), enacted in 1998. It is one of the Obama Administration's key executive actions on employment-based immigration, and is intended to help enable U.S. businesses to retain and develop highly-skilled foreign workers and reduce the burdens of lengthy immigrant visa backlogs on employment-based adjustment applicants.
Key provisions of the final rule are summarized below.
Portability and Priority Date Retention for I-140 Beneficiaries
The new regulation eases the impact of I-140 petition revocations and codifies certain longstanding agency policies on I-140 job portability.
A foreign national whose I-140 petition has been approved for 180 days or more will not have the petition automatically revoked if the employer goes out of business or withdraws the petition on or after January 17, 2017. However, the foreign national will need a new job offer or a new I-140 petition to obtain employment-based permanent residence.
An I-140 beneficiary whose petition is revoked will be able to use the priority date for a subsequent I-140 petition, unless the reason for revocation was fraud, material misrepresentation, invalidation or revocation of the underlying labor certification or material error in the approval of the petition.
Consistent with prior policy, the beneficiary of a pending I-140 will be able to port to new employment after his or her adjustment of status application has been pending for 180 days or more, as long as the pending I-140 petition was approvable when filed and remained approvable for 180 days after the filing of the adjustment application.
Employment Authorization for Certain Approved I-140 Beneficiaries
The regulation allows E-3, H-1B, H-1B1, L-1 and O-1 nonimmigrants with an approved I-140 petition to apply for a one-year employment authorization document if their priority date is backlogged and they can show compelling circumstances to justify the need for employment authorization, such as a medical emergency or significant disruption to the employer.
Grace Periods for Nonimmigrant Workers
E, H-1B, H-1B1, L-1, O-1 and TN nonimmigrants whose employment is terminated early will be accorded one grace period of up to 60 days during each validity period, which will enable them to extend, change or otherwise maintain status or prepare to depart the United States.
Approved E, L-1, and TN nonimmigrants will receive a 10-day grace period before and after their validity period, as is currently available to H-1B, O and P nonimmigrants. They will be able to enter the United States 10 days before their start date to prepare for employment, and will have 10 days at the end of their period of stay to take action to extend, change or otherwise maintain status, or prepare for departure from the United States.
Employment is not authorized during the grace periods, except for H-1B foreign nationals who are porting to new employment.
H-1B Extensions Beyond the Sixth Year
The regulation codifies USCIS's longstanding policies on H-1B extensions beyond the sixth year, with some additional requirements.
Post-sixth year extensions will be available to foreign nationals who are not currently in H-1B status, as long as they previously held that status and remain eligible for an additional period of H-1B admission, consistent with current policy.
An H-1B nonimmigrant will become ineligible for a one-year post-sixth year extension if he or she fails to apply for adjustment of status or an immigrant visa within one year of the date an immigrant visa becomes available to him or her.
A one-year post-sixth year H-1B extension will cease to be available if, at the time the extension is filed, the foreign national's labor certification is no longer valid, his or her I-140 has been denied or revoked or an adjustment application or an immigrant visa has been approved or denied.
An H-1B whose approved I-140 petition is withdrawn 180 days or more after approval will remain eligible for a three-year extension unless the I-140 was withdrawn for fraud, material misrepresentation, material USCIS error, or revocation or invalidation of the underlying labor certification.
That would be an interesting proposal.Quote:
Originally Posted by srimurthy