Facebook Live with Nandini Nair
Updated June 29, 2020
American Bazaar hosted a Facebook Live with prominent immigration lawyer Nandini Nair, a partner at GreenspoonMarder, at 12 noon EST on Sunday, June 28, 2020. Readers to asked questions on the latest executive order by President Donald Trump and other H-1B, L-1 and other visa and green card matters. Watch the chat:
Latest on the Trump executive order
Updated June 25, 2020
President Donald Trump’s latest executive order on immigration, which suspended several work visas, actually targets the very programs that create jobs for Americans, according to the libertarian Cato Institute.
David J. Bier, a scholar at the Institute’s Center for Global Liberty and Prosperity, noted that eliminating these visa programs “will undermine job growth, hurting the recovery” from the covid crisis.
“The most important point is that all immigrant workers create jobs because they participate in the economy not just as workers but also as consumers,” Bier wrote suggesting, “If Trump wants the economy to recover quickly, he should favor an all‐hands‐on‐deck approach, not a government‐micromanaged strategy,” he wrote. Here is the full story.
In other H-1B-related news:
- Who will be affected by the executive order? Nandini Nair, a Partner at Greenspoon Marder LLP, talks about the impact of the executive order issued by President Trump Monday banning the entry of certain H-1B, L-1 and J-1 visa holders to the United States till December 31, 2020. Watch the video and read the story here.
- Meanwhile, the US Citizenship and Immigration Services (USCIS) says it will continue to honor the already issued valid visas. “The US will continue to honor these already valid visas,” said USCIS Deputy Director for Policy Joseph Edlow, in a statement. “Monday’s presidential proclamation temporarily restricts certain categories of visas from being issued to protect jobs for American workers while our economy recovers from the effects of covid-19,” he added. Read the story here.
June 24, 2020
What are the implications of Trump’s new executive order?
Posted June 22, 2020
President Donald Trump issued a new executive order on June 22, 2020, suspending the entry of a number of nonimmigrant visa holders. Many immigration experts weighed in on social media about the contours of the new executive order. It appears one of the biggest victims of the order would be the H-1B visa holders who are currently stuck in India awaiting visa stamping. According to the Houston-based attorney Emily Neumann tweeted: H”-1B workers and H-4 dependents who are currently outside the United States and do not have visas stamped in their passports will not be able to travel to the US.”
1. H-1B workers and H-4 dependents who are currently outside the United States and do not have visas stamped in their passports will not be able to travel to the US.
— Emily Neumann (@immigrationgirl) June 22, 2020
According to Neumann, here are the other implications of the order:
- O-1, TN, E-3 are not impacted
- B-1 and B-2 visitors are not impacted.
- F-1 students are not impacted. OPT is not impacted. STEM OPT is not impacted.
- Any application filed with USCIS can still be filed and will continue to be processed in the same manner as before. All I-129 and I-539 applications filed with USCIS are not impacted.
- L-1A and L-1B workers and L-2 dependents who are currently outside the United States and do not have visas stamped in their passports will not be able to travel to the US.
In the meantime, Google CEO Sundar Pichai has denounced the new executive order. The Indian American tweeted on Monday: “Immigration has contributed immensely to America’s economic success, making it a global leader in tech, and also Google the company it is today. Disappointed by today’s proclamation – we’ll continue to stand with immigrants and work to expand opportunity for all.”
Immigration has contributed immensely to America’s economic success, making it a global leader in tech, and also Google the company it is today. Disappointed by today’s proclamation – we’ll continue to stand with immigrants and work to expand opportunity for all.
— Sundar Pichai (@sundarpichai) June 22, 2020
A new Trump executive order could come this week
Posted June 21, 2020
President Donald Trump is likely to sign the much-awaited executive order on immigration early this week.
In addition to extending some of the restriction Trump put in place with his presidential proclamation on April 23, the new move is expected to impose new limits on H-1B visas, according to multiple reports.
The initial proclamation, signed on April 22, banned the entry of certain Green Card holders, among other moves.
The NPR, citing “multiple sources familiar with the plan,” reported on Saturday that the new executive order will “suspend H-1B, L-1 and other temporary work visas through the end of the year.”
It will also suspend H-2B visas, mainly used by seasonal workers in the hotel and construction industry, and J-1 visas, used by research scholars and academics. “The order is not expected to immediately affect anyone already in the United States,” the report said.
The new executive order will “encompass skilled workers in specialty occupations, executives, and seasonal workers who work in industries such as landscaping, housekeeping and construction, according to the two people, as well as a Department of Homeland Security official. Agricultural workers and students will not be included,” Politico reported on Sunday.
The Hindu newspaper reported on Saturday that “Trump and his advisers met with stakeholders from U.S. government departments on Tuesday” to finalize the executive order. It said the attendees included the hawkish White House immigration adviser Stephen Miller and presidential son-in-law and senior advisor Jared Kushner, as well as officials from the Department of Homeland Security, the U.S. Citizenship and Information Services, the Department of State and the Department of Labor.
Earlier this month, the Wall Street Journal reported that Trump was considering suspending the H-1B visa through fall, and could extend into the next fiscal year, which begins October 1, the beginning of the new H-1B season.
According to the paper, other changes being considered include:
- Scaling back the Optional Practical Training program by reducing the OPT for STEM students from the current three years to one year.
- Eliminating work permits for H4 visa holders, which might affect as many as 100,000 spouses of H-1B employees who are currently working on EAD.
- Increasing the H-1B visa fee to $20,000.
- Narrowing the definition of specialty occupations and shortening the length of the visas “for workers paid at the lowest pay tier and require pay increases for them upon renewal.”