IMMIGRATION News with Attorney Caroly Pdedersen

Trump’s draft executive order targets employment and investment visas

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While many Immigrants, Americans and nations around the world are still reeling from Trump’s executive action against nationals of certain countries, yet another proposed Immigration related Executive Order has been leaked to the press.

 

Although there are no specific details, the order seems to indicate changes may be made to the current H-1B program for professional workers in “specialty occupations” (like engineers working in the tech industry), including further restricting visas to certain professional fields or occupations and increasing H-1B employee eligibility requirements, based on an undefined “merit-based system.”

Similarly, the proposal calls for reforming the E-2 Treaty Investor visa system which may result in the restriction of the type of businesses or increased investments amounts which would be required under the program. The order also calls for performing site visits for all approved L-1 worker visas.

The draft order also targets the Practical Training (OPT) and Curricular Practical Training (CPT) work permit programs for graduated F-1 students, which may be eliminated or curtailed. It also proposes changes which may restrict or reduce visas for the Exchange Visitor (J-1) work-and study- programs.

The proposal would likely eliminate the dual Visa Bulletin instituted in 2015 by the Obama administration which allows certain Immigrants in lawful immigration status in the U.S. to adjust status to Residency early.

As feared, this is another signal big changes could be coming for all areas of immigration. However, it’s likely that any policy changes will be for future applicants and may not affect those who are currently hold the employment or investment visa status. For instance, if the H-1B visa becomes restricted to only certain “specialty occupations,” those who are currently holding H-1B visas, who would not qualify under the new policy, would not lose their current visa, and would likely be allowed to continue working until the visa ends, but would not be able to renew it.

With the possibility of these changes, international students are advised to concentrate their education in STEM (Science, Technology, Engineering and Math) fields. These are occupations in high demand and may not have enough U.S. workers to fill. Therefore, they are likely the fields which will receive the most consideration in future Trump policy changes, to keep America’s IT industry going. Other college degree programs in liberal arts, media, graphic design, general business, etc, may no longer be eligible for U.S. work visas in the future.    

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