President Trump to Order Suspension of Work Visas

Posted June 22, 2020

BREAKING: June 22, 2020

The Trump Administration has announced that the president will issue an Executive Order suspending the issuance of new work visas abroad, including H-1B visas, H-2B visas, L Intracompany Transferees and J-1 Exchange Visitors, through at least October 1, 2020, a move that will severely curtail the entry of foreign labor into the United States.  The suspension is intended to bolster the job market for U.S. workers during the coronavirus pandemic, however critics question the economics behind the policy and suggest the suspension could lead to a reduction in U.S. competitiveness in the global economy and could hurt U.S. techology companies.

Stay tuned for further developments.

 

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State Department to Enforce Birth Tourism Rules on Pregnant Visitors

Posted January 23, 2020

The State Department, which operates overseas embassies and consulates and the issuance of U.S. visas, has announced that, effective January 24, 2020, consular officers who interview applicants for visitor visas will make a determination whether female applicants that are pregnant are intending to travel to the United States for the primary purpose of giving birth in the country.  If an interviewing officer finds or has “reason to believe” that the visa applicant intends to give birth in the United States, and that that intention is the applicant’s primary reason for travel to the United States, the consular officer will deny the visa.

Enforcement of this rule will, of course, be tricky and likely to lead to higher denial rates for female visitor visa applicants worldwide, whether pregnant or not.  Visitors with B2 visa status are typically granted a six months entry upon inspection.  Female applicants under the age of 50, whether displaying visible signs of pregnancy or not, are likely to be questioned about private health information and may be requested to disclose medical verification of non-pregnancy.

Stay posted for updates to enforcement of this unusual rule.

 

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Federal Judge Halts Trump DACA Termination

Posted January 10, 2018

A federal District Court judge in San Francisco ruled on January 9, 2018 that the Trump Administration’s efforts to terminate DACA were based on a “flawed legal premise” and halted the winding down of the program, casting further confusion on renewal eligibility for thousands of DACA recipients.  If you are a DACA recipient that possessed approved deferred action status on September 5, 2017 – the date of the Trump Administration’s announcement to terminate DACA – you MAY be eligible in the near future to apply for renewal, pending further rulings by higher courts.

WHAT IT MEANS: Practically speaking, DACA recipients CANNOT submit renewal applications until (if) USCIS implements the ruling, which appears unlikely to happen soon.  More likely, the Ninth Circuit Court  of Appeals will take up the appeal and USCIS will delay implementation of renewal applications until a Ninth Circuit ruling.  And any number of judicial or political decisions may be made in the meantime that render the District Court ruling irrelevant.

Stay tuned as Washington, DC finally grapples with the vexing issues of Dreamers and U.S. immigration.

 

 

 

 

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