In a surprising decision last week, a Federal Court in California ruled against Trump’s cancellation of DACA, temporarily blocking the Administration from ending the DACA (Deferred Action for Childhood Arrivals ) program. The judge ordered the Trump administration to immediately reinstate DACA and to allow Dreamers who had DACA status prior to the date Trump cancelled the program on September 5, 2017, to continue to renew their DACA status and to accept new DACA applications, until lower courts make final decisions in the pending lawsuits. As a result, according to the order, Dreamers should be able to immediately apply for DACA renewals.
The USCIS has updated its DACA website page and issued specific instructions on new DACA applications and renewal filings.
Dreamers are advised that the Trump administration can appeal the ruling and if that happens there is a possibility that the program could be halted again. In light of this, it is very important that Dreamers file DACA applications and renewals as soon as possible!
New Immigration deal could drastically reduce family immigration
The bipartisan DACA deal being negotiated between Democrats and Republican is said to reduce overall U.S. immigration, including reductions to family immigration. Without details, some experts believe the final deal could eliminate entire family immigration categories like those for siblings (F4) and perhaps even reduce the ability of U.S. Citizens to sponsor married children and their families (F3).
President Trump rejected the deal last week because he decided that it did not go far enough in reducing family “Chain Migration”. As a result, any new deal presented to the White house may include further reductions in family immigration, which could drastically alter our present system.
To keep one step ahead of likely changes which could be signed into law in the coming weeks or months, U.S. Citizens and Residents who plan to sponsor family members should act quickly to file applications before the final Bill is signed into law. Those with filed applications will remain eligible to immigrate, even when the new law changes and restricts immigration going forward.
Trump administration could restrict H-1B Visa extensions
Under current policies, H-1B workers are allotted six (6) years total to be in the U.S.. However, once they are sponsored by an employer for a Green Card and are waiting in a line in order to immigrate, the law allows them to continue to extend their H-1B visa. This policy came about as part of the American Competitiveness in the 21st Century Act (AC21) passed by Congress years ago and has allowed employers to extend worker’s H-1B visa in three-year increments once their Immigrant Visa is approved.
However, the Trump administration is considering an Executive Order or Memorandum which would limit the ability of employers to extend an H-1B worker’s visa beyond the six-year limit in one-year increments, rather than three. Experts are certain that any such attempt by the Administration would be overturned in Federal Court, however that has not stopped the Whitehouse before.