Bills, Rules & Politics

[qesehmk]

Guys - one request here. please post things in relevant threads only.

Please remember this forum is FREE and is maintained by volunteers. It only hurts you and the entire community if you post in irrelevant posts.

p.s. - Srimurthy recently volunteered to moderate. If others are interested please let me know. Our only requirement is that you have made at least 100 posts that are well received by community (i.e. respectful valuable etc).

[sudiva]

Interesting read on what to expect in the near future from processing capacity point of view. Need to fast forward to paragraph which starts with "USCIS spent much of this spring and summer threatening to furlough"

https://twitter.com/gsiskind/status/1321834592958107649

https://www.washingtonpost.com/opini...n/?arc404=true

[Kesid23]

https://twitter.com/gsiskind/status/...490422788?s=20

Tweet from Greg Siskind
BREAKING - Victory on a new public charge lawsuit. The court just ruled for the plaintiffs in Cook County, IL, et. al. v. Wolf, et. al. The public charge rule was set aside nationally as of today.

[horizon1012]

https://www.murthy.com/2020/11/02/ne...c-charge-rule/

Looks like I-944 will not be required.

[inspired_p]

https://www.murthy.com/2020/11/02/ne...c-charge-rule/

Looks like I-944 will not be required.

Good News ! I would assume very small nuisance removed for EB applicants, but this is huge for FB applicants I am sure.

[idliman]

This election is going to have a huge impact on the immigration policies. We can expect draconian rules on H1B eligibility if there are 4 more years of DT. We might have huge spillover from FB again. However, it remains to be seen if they will issue the GCs or waste them using some excuse. If JB wins, at least things will go back to where they were 4 years back. I am not sold on his promise of CIR in the first 90 days or so. For people who already filed for AOS and had crossed the 180 days AC21 eligibility, the results may not be that important.

How many of you are planning to turn off the TV and watch the morning news on Wednesday?

[Turbulent_Dragonfly]

This election is going to have a huge impact on the immigration policies. We can expect draconian rules on H1B eligibility if there are 4 more years of DT. We might have huge spillover from FB again. However, it remains to be seen if they will issue the GCs or waste them using some excuse. If JB wins, at least things will go back to where they were 4 years back. I am not sold on his promise of CIR in the first 90 days or so. For people who already filed for AOS and had crossed the 180 days AC21 eligibility, the results may not be that important.

How many of you are planning to turn off the TV and watch the morning news on Wednesday?

I have definitely tuned out the news and other sources like Reddit which turns into a political cesspool around election time. Planning to check back in later tonight. Not considering anything regarding morals, I am going to put a positive spin on the results. If idiot comes back, we will probably see some more restrictions from people outside coming in and more spillover but with the risk of visa wastage with Miller grinning ear to ear. If Biden comes through, maybe there will be hope that with a Senate and House majority, something may get done in the first two years before they lose the majority in the mid-terms again.

Massive turnout usually favors the Democrats, so if I have to hazard a guess, it will be Biden along with a Senate win. I think the fears of Trump creating chaos with the courts and other bull is not totally unfounded but may end up being a non-factor because of the overwhelming turnout.

[qesehmk]

If Trump wins then I am almost certain H1B will be completely reformed or even cancelled within four years. The good news is there huge turnout indicating a biden win.

[19YRSNOGC]

If Trump wins then I am almost certain H1B will be completely reformed or even cancelled within four years. The good news is there huge turnout indicating a biden win.

Almost there with Biden

[idliman]

Almost there with Biden

Wow. Fox news has JB at 238 (12:15PM EST). If he wins WI(10) + MI(16) + NV (6), he wins with 270. PA & NC will likely go to DT.

NV: All in-person votes have been counted. Remaining mail ballots tend to be democratic.
WI: JB leading with 20,697; Almost all votes have been counted.
MI: JB leading by 0.6%. Most outstanding votes are from heavily Democratic Wayne County (Detroit).

It looks like we have a winner in a photo finish.

[qesehmk]

Wow. Fox news has JB at 238 (12:15PM EST). If he wins WI(10) + MI(16) + NV (6), he wins with 270. PA & NC will likely go to DT.

NV: All in-person votes have been counted. Remaining mail ballots tend to be democratic.
WI: JB leading with 20,697; Almost all votes have been counted.
MI: JB leading by 0.6%. Most outstanding votes are from heavily Democratic Wayne County (Detroit).

It looks like we have a winner in a photo finish.

Totally agree. This is photofinish! DJT is going to be as nasty as he could be. But looks like Biden is going to have this in the bag.

[goracer]

Looks like the i-944 is made mandate again.

https://www.murthy.com/2020/11/04/ne...c-charge-rule/

[rabp77]

Looks like the i-944 is made mandate again.

https://www.murthy.com/2020/11/04/ne...c-charge-rule/

dont think thats surprising. Governments have previously also ensured certain visa applications do not have to rely on public benefits. So this rule should stand. Also this should only help employment based immigration in EB-I queues in the years ahead (Eb2-I and Eb3-i).

[qesehmk]

dont think thats surprising. Governments have previously also ensure certain visa applications do not have to rely on public benefits. So this rule should stand. Also this should only help employment based immigration in EB-I queues in the years ahead.

Trump admin not only brought public charge rule, but they expanded the definition of public charge to include Medicaid. For 99% EB folks this may not impact negatively, but for 1% indians that ever have to use medicaid or other public assistance, this could mean end of their American dream. The 485 adjudicating officer will have discretion IMHO. But it creates uncertainty for those unfortunate souls.

[idliman]

How the Biden Administration Will Navigate High Skilled Immigration Policy

Key Takeaways:

- President-elect Joe Biden has a long list of immigration agenda items, focused in large part on reversing the 400 restrictive actions that President Trump put in place over the past four years.
- Biden will immediately send legislation to Congress, but a Republican Senate and a closely divided House will make it difficult to advance his agenda through the legislative branch.
- Business immigration issues will take a back seat to asylum reform, restoration of the U.S. refugee program, and an overhaul of the U.S. immigration enforcement system.
- COVID-19 consular disruptions and delays, and budget concerns in the immigration agencies, will continue into 2021. Even if Biden lifts the physical presence based travel bans and/or the work visa ban, companies should expect delays and backlogs both at the consulates and at DHS.
- Litigation that began under the Trump administration will continue into Biden’s presidency. Anti-immigration groups will also bring new lawsuits challenging Biden’s actions.
- In its remaining months, the Trump administration will continue to push forward on its H-1B overhaul and may seek to eliminate H-4 work authorization and restrict OPT and L-1 visas.

Who will fill leadership roles in a Biden administration?
Personnel is policy. The Biden transition team draws heavily from political appointees who served under President Obama. The Biden administration will need to fill over 4,000 positions, including hundreds of Senate-confirmed roles. Those individuals will dictate the Biden administration’s priorities and its approach to business immigration.

Biden Administration: What are the incoming administration’s top priorities?
The Trump administration has made more than 400 immigration policy changes, many of which affect humanitarian programs and violate the country’s obligations under international law. The Biden administration’s top priorities will be to reverse as many of these actions as possible administratively. Biden has promised to take the following actions in the first 100 days of his presidency:
- Reinstate Deferred Action for Childhood Arrivals (DACA) protections
- End the Muslim travel ban
- Reverse Trump asylum border polices and address family separations
- Rescind the public charge regulation
- Restore pre-Trump immigration enforcement guidelines

What actions will the Biden administration take on business immigration?

Foreign Students
The Trump administration has made every effort to restrict the entry of foreign students to the U.S. Biden will seek to reverse or modify those policies, including the regulation that would limit the duration of status of foreign students. One area where we expect continued focus will be the entry of Chinese students where there are concerns with intellectual property theft.

High-Skilled Workers
The Biden administration will need to navigate three regulations aimed at restricting use of the H-1B visa category, all of which are or will be subject to litigation. Several changes sought by President Trump, such as an increase in H-1B wage levels, restrictions on third-party placement of H-1B workers, and prioritization of H-1B visas based on wage levels, may find some support within a Biden administration. There will be less hostility towards foreign workers already in the system, but companies should expect an ongoing focus on U.S. worker protections and scrutiny of any work visa scenario that could result in the displacement of U.S. workers.

Travel Bans
Biden has promised to reverse the ban on travel from Muslim-majority countries on Day 1 and has suggested that he would also lift the work visa ban. The administration will face pressure to rescind all of the Trump bans that have kept families apart and are not based on public health concerns. Whether the administration would lift the COVID-19 physical presence bans, which have no expiration date and are in effect until the President terminates them, will likely depend on conditions in those countries.

Lame Duck: What will the Trump administration do between now and inauguration in January?
We expect the administration to make every effort to ensure that the Department of Labor wage rule and Department of Homeland Security H-1B eligibility and lottery rules are in place by March 2021 for cap season. The administration may also attempt to move forward on rescinding H-4 work authorization eligibility, imposing restrictions on F-1 Optional Practical Training, and narrowing eligibility for L-1 visas.

The Trump administration will likely keep in place the COVID-19 physical presence bans and extend the work-visa and immigrant-visa travel bans that are set to expire Dec. 31, so that they remain effective when Biden takes office.

Legislative Landscape: Will Congress enact immigration reform in 2021?
As a candidate, Joe Biden promised to pursue immigration reform legislation and has said he will send legislation to Congress in the first week. Biden’s legislative platform includes increasing employment-based green card numbers and eliminating per-country caps. However, the plan also says, “An immigration system that crowds out high-skilled workers in favor of only entry level wages and skills threatens American innovation and competitiveness.” While he supports expanding temporary work visas, Biden also favors a “wage-based allocation process.” His plan suggests that he would only support raising the number of work visas or eliminating per-country caps after establishing the wage-based allocation process.

Biden will likely begin his presidency with a divided government, with Democrats controlling the U.S. House of Representatives and Republicans holding the Senate. If Democrats control the Senate after the Georgia runoff elections, it will be by a narrow margin. Should Sen. Chuck Grassley (R-IA) chair the Senate Judiciary Committee, the administration will face extensive oversight and opposition to its immigration agenda. This means companies should prepare for the majority of policy changes to continue to come from the executive branch (i.e. the President and federal government agencies).

BAL_Policy_Forecast.jpg

Source: BAL Government Strategies

[Zenzone]

How the Biden Administration Will Navigate High Skilled Immigration Policy

Key Takeaways:

- President-elect Joe Biden has a long list of immigration agenda items, focused in large part on reversing the 400 restrictive actions that President Trump put in place over the past four years.
- Biden will immediately send legislation to Congress, but a Republican Senate and a closely divided House will make it difficult to advance his agenda through the legislative branch.
- Business immigration issues will take a back seat to asylum reform, restoration of the U.S. refugee program, and an overhaul of the U.S. immigration enforcement system.
- COVID-19 consular disruptions and delays, and budget concerns in the immigration agencies, will continue into 2021. Even if Biden lifts the physical presence based travel bans and/or the work visa ban, companies should expect delays and backlogs both at the consulates and at DHS.
- Litigation that began under the Trump administration will continue into Biden’s presidency. Anti-immigration groups will also bring new lawsuits challenging Biden’s actions.
- In its remaining months, the Trump administration will continue to push forward on its H-1B overhaul and may seek to eliminate H-4 work authorization and restrict OPT and L-1 visas.

Who will fill leadership roles in a Biden administration?
Personnel is policy. The Biden transition team draws heavily from political appointees who served under President Obama. The Biden administration will need to fill over 4,000 positions, including hundreds of Senate-confirmed roles. Those individuals will dictate the Biden administration’s priorities and its approach to business immigration.

Biden Administration: What are the incoming administration’s top priorities?
The Trump administration has made more than 400 immigration policy changes, many of which affect humanitarian programs and violate the country’s obligations under international law. The Biden administration’s top priorities will be to reverse as many of these actions as possible administratively. Biden has promised to take the following actions in the first 100 days of his presidency:
- Reinstate Deferred Action for Childhood Arrivals (DACA) protections
- End the Muslim travel ban
- Reverse Trump asylum border polices and address family separations
- Rescind the public charge regulation
- Restore pre-Trump immigration enforcement guidelines

What actions will the Biden administration take on business immigration?

Foreign Students
The Trump administration has made every effort to restrict the entry of foreign students to the U.S. Biden will seek to reverse or modify those policies, including the regulation that would limit the duration of status of foreign students. One area where we expect continued focus will be the entry of Chinese students where there are concerns with intellectual property theft.

High-Skilled Workers
The Biden administration will need to navigate three regulations aimed at restricting use of the H-1B visa category, all of which are or will be subject to litigation. Several changes sought by President Trump, such as an increase in H-1B wage levels, restrictions on third-party placement of H-1B workers, and prioritization of H-1B visas based on wage levels, may find some support within a Biden administration. There will be less hostility towards foreign workers already in the system, but companies should expect an ongoing focus on U.S. worker protections and scrutiny of any work visa scenario that could result in the displacement of U.S. workers.

Travel Bans
Biden has promised to reverse the ban on travel from Muslim-majority countries on Day 1 and has suggested that he would also lift the work visa ban. The administration will face pressure to rescind all of the Trump bans that have kept families apart and are not based on public health concerns. Whether the administration would lift the COVID-19 physical presence bans, which have no expiration date and are in effect until the President terminates them, will likely depend on conditions in those countries.

Lame Duck: What will the Trump administration do between now and inauguration in January?
We expect the administration to make every effort to ensure that the Department of Labor wage rule and Department of Homeland Security H-1B eligibility and lottery rules are in place by March 2021 for cap season. The administration may also attempt to move forward on rescinding H-4 work authorization eligibility, imposing restrictions on F-1 Optional Practical Training, and narrowing eligibility for L-1 visas.

The Trump administration will likely keep in place the COVID-19 physical presence bans and extend the work-visa and immigrant-visa travel bans that are set to expire Dec. 31, so that they remain effective when Biden takes office.

Legislative Landscape: Will Congress enact immigration reform in 2021?
As a candidate, Joe Biden promised to pursue immigration reform legislation and has said he will send legislation to Congress in the first week. Biden’s legislative platform includes increasing employment-based green card numbers and eliminating per-country caps. However, the plan also says, “An immigration system that crowds out high-skilled workers in favor of only entry level wages and skills threatens American innovation and competitiveness.” While he supports expanding temporary work visas, Biden also favors a “wage-based allocation process.” His plan suggests that he would only support raising the number of work visas or eliminating per-country caps after establishing the wage-based allocation process.

Biden will likely begin his presidency with a divided government, with Democrats controlling the U.S. House of Representatives and Republicans holding the Senate. If Democrats control the Senate after the Georgia runoff elections, it will be by a narrow margin. Should Sen. Chuck Grassley (R-IA) chair the Senate Judiciary Committee, the administration will face extensive oversight and opposition to its immigration agenda. This means companies should prepare for the majority of policy changes to continue to come from the executive branch (i.e. the President and federal government agencies).

BAL_Policy_Forecast.jpg

Source: BAL Government Strategies

Good Summary! I hope the Biden Administration removes the mandatory interview requirement for EB GCs. Hopefully, that would help move the line a bit faster.

[qesehmk]

Guys I am telling you this is the best environment for removing country caps. EB-India should really make a strong push for it under Biden's first year. Indians did help Biden more than they did Trump this time around. Beside he already is committed to removing country caps.

As long as EB-I doesn't get sucked into American politics and strictly talks business, it is high time country caps go away in 2021.

[qesehmk]

Here is a little perspective and window into American psyche. Indians are not the only ones that were discriminated against or are being discriminated against.

EVERY single ethnic group that arrived in the US has been discriminated against. That includes whitest of white people too. Until JFK became president the Irish were quite a marginalized group in America. Since then America has had at least 3 more presidents with Irish roots.

You will be surprised to see how sympathetic American people are to your cause when YOU are ready to fight for yourself. I hope EB-I folks seize the moment in 2021.

[Turbulent_Dragonfly]

My pessimistic/realistic view is everything depends on the two Georgia Senate runoffs now. Historical records will be broken on both sides on the amount of money that is going to be dumped into Georgia over the next couple of months. I think the chances of Democrats winning are low but not negligible. If Grassley becomes Chairman of Sen Judiciary Committee, it's officially game over for any reform. The House will block anything he proposes which will definitely be restrictionist, and we will just remain stuck in the mud. So these promises of sending an immigration bill to Congress on Day 1 or first week is just bluster. They will try that for a few months and then fall back on Executive Actions and Rule Making.

[qesehmk]

If you look at the big picture - when was the last time a president mentioned country caps? NEVER. Right? Now that's a big deal.

It only helps that Mike Lee belongs to GOP and while may not be able to rope in his party ... can certainly rope in at least a few. So I actually think there is an excellent chance for this to pass IF biden administration picks this up.

[vsivarama]

S386 did have bipartisan support last year till it was torpedoed by Rick Scott at behest of stephen miller. Maybe we can overcome the odds this time by having 60 senators in support of the bill instead of going for unanimous consent.

[Turbulent_Dragonfly]

If you look at the big picture - when was the last time a president mentioned country caps? NEVER. Right? Now that's a big deal.

It only helps that Mike Lee belongs to GOP and while may not be able to rope in his party ... can certainly rope in at least a few. So I actually think there is an excellent chance for this to pass IF biden administration picks this up.

Biden has made it clear that DACA and Asylum are his priorities as far as Immigration policy is concerned. H1B restrictions may also be on the horizon even with a Biden admin because if you read their comments a lot of it sounds like MAGA talk - bringing mfg/union jobs back, Buy American etc. I am hopeful that they won't hurt us punitively as Trump did but don't think they are going to go out of the way to make lives easier since anything connected to easing backlogs has to go through legislation.

[qesehmk]

Biden has made it clear that DACA and Asylum are his priorities as far as Immigration policy is concerned. H1B restrictions may also be on the horizon even with a Biden admin because if you read their comments a lot of it sounds like MAGA talk - bringing mfg/union jobs back, Buy American etc. I am hopeful that they won't hurt us punitively as Trump did but don't think they are going to go out of the way to make lives easier since anything connected to easing backlogs has to go through legislation.

He has made his position crystal clear. I do not read it as priority. He is saying he will support it. But EB-I needs to push for it. That's how things work. Squeaky wheels get the grease.

[Turbulent_Dragonfly]

In case you already did not know from the yelling and screaming on trackitt and twitter, there were no immigration provisions included in the spending bill.

https://twitter.com/gsiskind/status/1341121360081334278

@gsiskind
The omnibus language is out and there is nothing on country caps or healthcare immigration.

[rabp77]

In case you already did not know from the yelling and screaming on trackitt and twitter, there were no immigration provisions included in the spending bill.

https://twitter.com/gsiskind/status/1341121360081334278

@gsiskind
The omnibus language is out and there is nothing on country caps or healthcare immigration.

Little bit disappointing. However on the brighter side, spillover is intact, right?