Ever since President Trump’s April 22nd, 2020 proclamation restricting certain immigration to the United States for 60 days was published, there have been rumors that the proclamation would soon expand to include nonimmigrant visa holders.
It appears this will indeed happen sometime shortly, and could initially be in effect for 90 to 180 days.
There is speculation that the expanded proclamation could bar entry to the U.S. for H-1B, H-2B, L-1 and J-1 applicants pursuant to the Immigration and Nationality Act sections 212(f) and 215 (a). More exactly, the proclamation is expected to expand to ban the entry of nonimmigrants in these categories, but not announce other substantive policy changes which are expected to follow in regulatory proposals.
Some exceptions are expected, however. Among those are COVID-19 related exemptions, such as for health care workers, food supply workers and U.S. employers who conduct additional recruitment efforts.
Possible Subsequent Regulations
Potential rulemaking in the works could impact H-1B, OPT, and H-4 categories as early as July, possibly even without going through the notice and comment process. Rescinding the STEM OPT regulation and adding requirements to the 12-month Optional Practical Training (OPT) program are also possibilities.
Strengthening the H-1B Nonimmigrant Visa Classification Program regulation appears to be a likely prospect involving a focus on employer-employee relations, speciality occupation definition, and wage levels. A higher processing fee of $20,000 (or higher) is being discussed and the rescission of the H-4 Employment Authorization Rule looks increasingly likely. Employment authorization for asylees, refugees, and temporary protected status (TPS) holders could also be on the chopping block.
A Source of Concern
These potential restrictions are a source of concern not only for those who may be affected, but for advocates of comprehensive immigration reform in general. One of the key people behind the push to limit immigration is Stephen Miller, Trump’s lead immigration adviser and the architect of the President’s hardline immigration agenda.
A recent article pointed out that, “After the President’s April proclamation, Miller cast the move as a first step toward reducing the flow of immigrants coming into the United States. That proclamation set up deadlines for review, one of which is approaching this weekend, and left the possibility open for its extension or modification.”
There can be little doubt that one of the main concerns behind this hard-line agenda is the fact that there are over 20 million people drawing unemployment benefits today. The argument goes: why give away American jobs to foreign workers when there are so many U.S. workers who could fill those spots?
Interestingly, not all nonimmigrant work visas have been the subject of speculation or mentioned in regard to President Trump’s proclamation. Among the ones that have been spared any comments, are NAFTA/USMCA TN visas and the Treaty Trader E-1 and Treaty Investor E-2 visas. Similarly, the O-1 extraordinary worker, P-1, P-2 and P-3 entertainment visas, and R-1 religious workers all appear outside the discussions. All of these, so far, seem to be safe.
Opposite Directions
A Source of Concern
These potential restrictions are a source of concern not only for those who may be affected, but for advocates of comprehensive immigration reform in general. One of the key people behind the push to limit immigration is Stephen Miller, Trump’s lead immigration adviser and the architect of the President’s hardline immigration agenda.
A recent article pointed out that, “After the President’s April proclamation, Miller cast the move as a first step toward reducing the flow of immigrants coming into the United States. That proclamation set up deadlines for review, one of which is approaching this weekend, and left the possibility open for its extension or modification.”
There can be little doubt that one of the main concerns behind this hard-line agenda is the fact that there are over 20 million people drawing unemployment benefits today. The argument goes: why give away American jobs to foreign workers when there are so many U.S. workers who could fill those spots?
Interestingly, not all nonimmigrant work visas have been the subject of speculation or mentioned in regard to President Trump’s proclamation. Among the ones that have been spared any comments, are NAFTA/USMCA TN visas and the Treaty Trader E-1 and Treaty Investor E-2 visas. Similarly, the O-1 extraordinary worker, P-1, P-2 and P-3 entertainment visas, and R-1 religious workers all appear outside the discussions. All of these, so far, seem to be safe.
Opposite Directions
While America, through initiatives like these, is increasingly restricting immigration to the country, Canada appears to be headed in the other direction. A recent news report from the Canadian Press says,”A complete overhaul of how Canada processes immigration applications is in the works as the government braces for post-pandemic demand for migration to Canada.
Aging computer systems, paper applications and in-person interviews are among the things that must be adapted for the “new normal” after COVID-19, Immigration, Refugees and Citizenship Canada said in a tender posted to the government’s procurement website and marked “urgent.” Unfortunately, American efforts to modernize the country’s immigration program have been largely unsuccessful so far.
Another recent article pointed out,“Canada is benefiting from a diversion of young Indian tech workers from U.S. destinations, largely because of the challenges of obtaining and renewing H-1B visas and finding a reliable route to U.S. permanent residence.” The country’s express entry program for skilled immigrants is often the way they use to apply for permanent residence since it is marketed as a fairly quick way for an applicant to get permanent residence in Canada.
Keeping Tabs on Other Options
Whatever initiatives the White House may undertake, it is always a good idea for immigrants in the U.S. on work visas to keep their eyes open for alternative visas and different options they can take to meet their immigration needs. In the meantime, most nonimmigrant visa holders are bracing to learn what changes are about to be made.
Via Forbes
