Trump H-1B Executive Order

Below is a brief analysis of Trump H-1B Executive Order titled, “Buy American, Hire American” Executive Order, signed by President Trump on 4/18/17.

  • On April 18, 2017, President Trump signed a new Executive Order, “Buy American and Hire American.” In the “Hire American” portion of the order, Trump announced he was directing DOL, DOJ, DHS, and DOS to review the current laws governing the H-1B program and suggest changes to prioritize the most skilled and highest paid positions. The President also indicated he was directing federal agencies to review all visa programs and take prompt action to crack down on fraud and abuse in order to protect U.S. workers.
  • Although it was signed with ceremonial flair, the Executive Order will have no immediate impact on H-1Bs. Many of the changes to the H-1B program contemplated by the Administration would require legislative action or rulemaking and would take time to go through the necessary processes.
  • Though additional measures to combat fraud could be implemented more quickly, documented instances of fraud in the H-1B and other temporary visa programs are actually quite low. Most employers that utilize the H-1B program do so honestly and because they need the skills and talent of a particular worker, and those who don’t can be rooted out by the current anti-fraud provisions and programs.
  • In addition, contrary to recent rhetoric, H-1B visas do not generally act as a mechanism to replace American workers. Instead, U.S. businesses use the H-1B to gain access to the sought-after skills of foreign professionals, many of whom graduate from U.S. universities, to complement the U.S. workforce. These foreign professional workers greatly benefit U.S. businesses, U.S. workers, and the economy.
  • H-1B visas do not drive down wages for American workers. In fact, some studies show a positive impact on overall wages. On average, H-1B workers actually earn higher wages than similarly employed U.S workers.
  • H-1B workers do not reduce U.S. employment rates; rather, they fill employment gaps and expand opportunities for all U.S. workers. Additionally, the unemployment rate for occupations that use H-1B visas is very low as compared to the national unemployment rate.
  • U.S. businesses do not seek H-1B workers in order to save money; the fees and costs associated with filing a successful petition are high enough that most employers use the H-1B because they cannot locate a qualified U.S. worker to fill the position.
  • Our immigration system is critical to all geographic and industry sectors, not just Silicon Valley. H-1B workers help transform state and local economies across the nation, from B (more…)

Trump Travel Ban #2 Blocked by Federal Court

A federal judge in Hawaii just issued a nationwide temporary restraining order to block the revised version of President Trump Travel Ban of Muslims from six countries and a refugee ban.  Both judges cited Trump’s statements about Muslims during the presidential campaign as part of their rulings.

The federal court in Hawaii and Maryland have now spoken not once, not twice, (more…)

Trump Travel Ban #2 – Who is barred from entering the U.S.?

On Monday, March 6, 2017, the Trump administration announced his second attempt at crafting a travel ban that would bar entry of individuals from predominantly muslim countries.  Trump travel ban signed on January 27, 2017 was blocked by the U.S. Court of Appeal for the Ninth Circuit.  The new Trump travel ban goes into effect on March 16, 2017 and has the following major provisions:

  • Iraq removed from the list.
  • Targeted countries: Iran, Libya, Somalia, Sudan, Syria and Yemen.
  • Current visa holders no longer affected.
  • Syrian refugees barred temporarily, not indefinitely and refugees of minority religions no longer favored.
  • Refugees already granted asylum will be allowed.

The new Trump travel ban only applies to people from the six countries without current immigrant or non-immigrant visas.  Students with valid F, M or J visas will be allowed admission into the U.S.  The new order explicitly says that green card holders from the targeted countries will still be allowed. (more…)

Safety Plan For Immigrant Families in Light of Massive Expansion of Detention and Deportation in U.S.

“Effective immediately,” DHS shall faithfully execute U.S. immigration laws against “all removable aliens” and will no longer “exempt classes or categories of removable aliens from potential enforcement” – this directive is from the policy memorandum implemented on February 17, 2017 based on Trump’s Executive Order signed on January 25, 2017. Additionally, it directs DHS personnel to arrest, apprehend, and initiate enforcement actions against “any alien whom an immigration officer has probable cause to believe” has violated the immigration laws. This language makes clear that everyone is a priority and amounts to a widespread deportation plan. The Memorandum calls for a massive expansion in detention by requiring DHS to detain nearly everyone it apprehends including those with no criminal convictions.

Many illegal immigrants and green card holders are in a state of panic and fear as Immigration and Custom Enforcement (ICE) has started to apprehend and detained individuals with final order of removals, green card holders convicted of deportable criminal offenses, green card holders charged (not convicted) with a criminal offense, illegal immigrants parole into U.S. with an order of supervisions, and illegal immigrants who entered within the past two years.

What is your safety plan? We recommend a safety plan (more…)

Trump Travel Ban Blocked but Deportation under Trump has begun in the U.S.

The U.S. Court of Appeals blocked Trump’s travel ban but immigrants and non-immigrants remained worried about deportation under Trump from the United States. Trump signed three immigration executive orders. The travel ban executive order has been getting most of the media attention, however the executive order entitled, “Enhancing Public Safety in the Interior of the United States” signed on January 25, 2017 has already been implemented by Immigration and Custom Enforcement in the U.S.

What can we expect to see immediately (more…)

Trump Immigration Travel Ban

In the executive order (known as Trump Immigration Travel Ban) signed January 27, 2017, President Trump suspends immigrant (such as green card holders) and nonimmigrant (such as B-1/B-2, F-1, K-1, E-1/E-2, L-1, H-2B, H-1B, visas) entry to the United States of individuals from the following countries: Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen for at least 90 days. These countries were previously designated under the 2016 Consolidated Appropriations Act as countries that are “area of concern”.

Within the next 30 days, additional countries can be added to the Trump immigration travel ban list. (more…)

Trump Immigration Executive Order on Interior Public Safety & Border Security – Brief Analysis

President Trump signed two immigration related executive orders that are intended to follow through on campaign promises to build a wall and deport millions. The orders aimed at “Making America Great Again” seems to forget that America has been made great through the efforts of many immigrants.

The first Trump immigration executive order entitled, “Enhancing Public Safety in the Interior of the U.S.” introductory paragraph states, “Many aliens who illegally enter the United States and those who overstay or otherwise violate the terms of their visa present a significant threat to national security and public safety.” – An incorrect statement in my opinion as NOT all illegal aliens are criminals. The order gives the following directives (more…)

Promises made by Trump on Immigration

Ms. Jenna Johnson of The Washington Post compiled the following list of Donald Trump campaign promises

collected from Trump’s speeches, public comments, tweets and campaign and transition websites.  Read full article.

Below are the promises made by Trump on immigration:

IMMIGRATION

71. On the first day in office, terminate President Obama’s executive orders related to immigration. (more…)

Trump Immigration Action – What may be his next steps?

As a female, minority, mother and immigrant, I took a huge hit on election night when Donald Trump was named the next president-elect of the United States. It is difficult to embrace Trump’s nativism (a policy of favoring native inhabitants as opposed to immigrants) and his declaration to build a wall, deport millions, shut down Muslim Immigration, close our doors to those in need of protection against torture and halt globalization.  Trump Immigration Action as President may impact millions of lives and the economy in the U.S.

Yes, I am incredibly saddened and disappointed by the nearly 90 million Americans that did not exercise their right to vote. If President-Elect Donald Trump survives four (4) years as President, then we will see a very different American by the end of 2020. (more…)

Panic under Trump Presidency – GailLaw Immigration Advice

To my clients in a state of panic under Trump Presidency, here are my immediate immigration advice (1) renew that expired green card; (2) file for U.S. Citizenship ASAP as the processing times may increase due to #trump presidency; (3) if have criminal record as green card holder, bring arrest & court records for my immediate review; (4) file for family members ASAP as those categories (especially sibling) may go away under #trump presidency; (5) encourage family abroad to file for B-1/B-2 as those visas will decline under a #trump presidency. (more…)