Bills, Rules & Politics

[vsivarama]

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.

[qesehmk]

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.

I agree that children are children and in most EB cases also the children only know US as the country they grew up in.

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.

[idliman]

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.

[Turbulent_Dragonfly]

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.

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.

[vsivarama]

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.

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.

[vsivarama]

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.

That's exactly what's happening in the EB community. Either give up your dream or risk separation from your kids.

[skpanda]

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.

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?)!

[bodhi2000]

Can we start some kind of advocacy/protest to prod the CO to do the right thing!

[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.

[EB22010Dec]

"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."

[bikenlalan]

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.

[1312011_eb2I]

I agree , no protest and advocacy.

[drop2ocean]

"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."

WSJ article says

"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.

does that mean no extension on H4 EAD ? or no New H4 EAD ?

[NJMavarick]

WSJ article says



does that mean no extension on H4 EAD ? or no New H4 EAD ?

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 impact

[drop2ocean]

Thanks NJMavarick !

[Turbulent_Dragonfly]

GSiskind's thread on what's in the EO:

https://twitter.com/gsiskind/status/1275178397816311808

[rocketfast]

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)).

[Turbulent_Dragonfly]

Official release:

https://www.whitehouse.gov/president...irus-outbreak/

[Zenzone]

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)).

Its basically saying the PERM and LCA need to be revisited and further tightened when possible as the law peemits.

[asankaran]

Its basically saying the PERM and LCA need to be revisited and further tightened when possible as the law peemits.

Are they saying they would stop/canceling EAD renewals or stop approval of new I-140 ?

[siriyal75]

Does EO effect Travel on EAD/ Advance Parole document? My EAD & Advance parole card is issued in 2019 and valid until 2021.

I have flight tomorrow from India . Kindly advise thank you

I guess you are good, even people with exisintg H1B visa are good.

Here is from lawyers website.

https://www.murthy.com/2020/06/22/ne...ing-h1b-and-l/

[Zenzone]

Are they saying they would stop/canceling EAD renewals or stop approval of new I-140 ?

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).

[rocketfast]

Its basically saying the PERM and LCA need to be revisited and further tightened when possible as the law peemits.

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.

[bodhi2000]

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.

If they get away with it, I wonder if it will impact folks with pending 485s. Here is an excerpt from her article

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.

[optimista]

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.



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