Visa Lawyer Blog

Articles Posted in American Politics

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family-6719424_1280Are you applying for adjustment of status to lawful permanent residence (a green card)?

If so, you will be pleased to know that on January 22, 2025, the U.S. Citizenship and Immigration Services (USCIS) announced that it is waiving any and all requirements for the COVID-19 vaccination on the Form I-693, Report of Immigration Medical Examination and Vaccination Record.

As a result, adjustment of status (green card) applicants will no longer be required to present evidence that they have received the COVID-19 vaccination.

USCIS will also not deny any adjustment of status application based on an applicant’s failure to present documentation that they received the COVID-19 vaccination.

Due to this new policy, USCIS will no longer issue any Request for Evidence (RFE) or Notice of Intent to Deny (NOID) related to proving a COVID-19 vaccination.

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library-of-congress-jPN_oglAjOU-unsplash-scaledIt has been less than 24 hours since President Donald Trump has taken office, and he has already signed into law a flurry of executive orders directly impacting immigration.

More than a dozen of these executive orders dismantle Biden era immigration policies, and usher in restrictive policies for visa seekers, asylum applicants, and undocumented immigrants.

The swift issuance of these executive orders signals a tough political climate ahead for immigration, and what is sure to be a continuance of the Trump administration’s hardline stance on immigration.

While some of these executive orders may face legal challenges, here is a summary of all the executive orders affecting immigration issued on day one of Trump’s presidency.

Executive Order: President Trump’s America First Priorities

President Trump’s first executive order entitled “President Trump’s America First Priorities,” states the following as top priorities of his administration, which touch upon immigration.

  • President Trump promises to take “bold action” to secure the U.S. border and protect communities by calling on the U.S. Armed Forces and National Guard to assist with border security
  • At the President’s direction, the State Department will have an “America-First” foreign policy
  • Ends Biden’s Catch-and-Release Policies

What it is: Catch-and-release authorized the release of individuals without legal status from detention while awaiting immigration court hearings.

  • Reinstates Remain in Mexico Policy

What it is: Known formerly as the Migrant Protection Protocol, this policy will require certain asylum seekers at the southern border to wait in Mexico for their hearings in U.S. immigration court.

  • Continues the construction of his southern border wall with Mexico
  • Prohibits asylum for individuals who have crossed the border illegally

What it is: Aims to end asylum and close the border to those without legal, to facilitate a more immediate removal process

  • Cracks down on U.S. sanctuary cities
  • Enhanced vetting and screening of noncitizen aliens seeking admission to the U.S.

What it is: The President will direct agencies to report recommendations for the suspension of entry for nationals of any country of particular concerns.

  • Expands deportation operations for aliens with a criminal record
  • Suspends the refugee resettlement program
  • Designates cartels such as the “Tren de Aragua” as foreign terrorist organizations and calls for their removal by using the Alien Enemies Act
  • Calls on the Department of Justice to implement the death penalty for illegal immigrants “who maim and murder” Americans and commit “heinous crimes”

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donald-trump-2789735_1280We are just 14 days away from Donald Trump’s presidential inauguration, setting the stage for a new era in the world of immigration.

The President’s border czar Tom Homan is set to be one of the key players of the incoming Trump administration, in charge of securing our nation’s borders. Homan was the former acting director of Immigration and Customs Enforcement (ICE) during the first Trump administration, and was a key contributor of Project 2025, a conservative political agenda.

On Sunday night, Tom Homan appeared on CBS News’s, “Face the Nation” where he was asked about his plans to carry out the largest deportation operation in history, during a time when deportations have already been at a record high under President Biden.

Homan responded by criticizing the Biden administration’s deportation record, stating that 80 percent of the deportation numbers were from Border Patrol arrests, and not interior enforcement arrests carried out by Immigration and Customs Enforcement (ICE).

When asked whether Trump’s deportation numbers would come from arresting and deporting people within the interior of the United States versus securing the southern border, Homan deflected instead focusing on Biden’s dismal track record on border security.

He was further questioned about the Trump administration’s deportation plans on day one, including whether ICE plans to conduct workplace raids across the nation to remove undocumented immigrants from the country.

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ai-generated-8775948_1280Last month, San Diego’s Board of Supervisors passed a resolution ending the use of county resources aiding federal immigration enforcement actions.

The measure was made ahead of President Trump’s inauguration and puts an end to the cooperation between law enforcement agencies and Immigration and Customs Enforcement (ICE). Previously, local law enforcement agencies cooperated with ICE officials by facilitating the transfer of detainees to ICE custody and notifying ICE of their release from custody to aid in their removal from the United States.

In response to San Diego’s actions, the America First Legal Foundation (founded by Trump advisor Stephen Miller) issued a letter to 249 elected officials including the Chair of San Diego’s Board of Supervisors, Nora Vargas. In the letter, the organization warned Vargas that she could be subject to criminal prosecution and civil liability for what the organization considered to be “obstruction” of federal immigration law.

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54160491284_b32055f6df_oAfter years of criticizing the H-1B work visa program, benefitting highly skilled foreign talent, on Saturday the President-elect shocked the world when he pledged his support for the program.

In an interview with the New York Post, Trump said, “I’ve always liked the visas, I have always been in favor of the visas. That’s why we have them,” referring to the H-1B program, which allows U.S. companies to hire foreign workers in specialty occupations.

The President elect went on to say, “I have many H-1B visas on my properties. I’ve been a believer in H-1B. I have used it many times. It’s a great program.”

These comments are a sudden change from Trump’s usual hardline stance on H-1B visas. During his first term in office, Trump passed an executive action known as “Buy American and Hire American,” which restricted access to H-1B visas.

His administration was also responsible for a dramatic increase in the issuance of Requests for Evidence, as well as denials of H-1B worker petitions—a record high when compared to previous administrations.

Since speaking with the media, Trump allies Elon Musk and Vivek Ramaswamy, both made posts on social media vehemently pledging their support for the H-1B visa program.

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pennant-1689011_1280New changes to the H-1B work visa program are coming on January 17, 2025.

A new final rule published by the Department of Homeland Security (DHS) in the Federal Register lays out some of the critical changes that H-1B beneficiaries and U.S. employers can expect. These changes will become effective on January 17, 2025, just three days before the inauguration of Donald Trump.

While we do not know whether these changes will be overturned or modified by the Trump administration, it is important for both employers and beneficiaries to be aware of them.

Highlights of the Final Rule

  • Modernizes the definition and criteria for H-1B specialty occupations
  • Introduces cap-gap protections for F-1 students seeking a change of status to H-1B
  • Streamlines the processing of applications for individuals who were previously approved for an H-1B visa
  • Allows H-1B beneficiaries with a controlling interest in the petitioning organization to be eligible for H-1B status subject to certain conditions (such as founders and entrepreneurs)
  • Clarifies that employers must have a legal presence in the United States

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recruitment-6838250_1280New changes are being implemented for certain self-petitioners filing immigration petitions under the Violence Against Women Act, also known as VAWA.

The U.S. Citizenship and Immigration Services (USCIS) has announced that beginning in December they will be conducting in-person interviews for select VAWA self-petitioners who have an I-360 and I-485 application pending.

Not all self-petitioners will be required to attend an interview. Self-petitioners who have filed a stand-alone I-360 will not be interviewed.

USCIS expects to continue to adjudicate the majority of VAWA cases without the need for an interview.

Why has this change been made?

An increase in the volume of immigration petitions filed under the VAWA program, along with a surge in VAWA-related fraud reported in the states of New York, Massachusetts, and Maryland has led to this policy change.

While no plans are currently being made to expand interviews to a broader pool of VAWA self-petitioners, the incoming Trump administration may consider this in the future.

How will I know if I am required to attend an in-person interview?

VAWA self-petitioners who are required to attend an interview, will receive an interview notice by mail at the safe address they have provided. Legal representatives will also be notified by mail.

Please note that a self-petitioner’s selection for an interview is not a negative indicator and does not suggest a case will receive an unfavorable outcome.

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hollywood-4133249_1280Los Angeles has become the first of many cities to use its legislative powers to protect undocumented immigrants from the threat of deportation.

On November 19, 2024, the Los Angeles City Council passed a “sanctuary city” ordinance, prohibiting the use of the city’s resources and personnel to carry out federal immigration enforcement actions. This move was made ahead of the President-elect’s campaign promise to carry out mass deportations.

Los Angeles has long protected the rights of immigrants by refusing to cooperate with federal immigration authorities. Now that commitment has been codified by law.

More than 11 states have taken similar actions to reduce their cooperation with federal immigration authorities.

Upon taking office, Trump could retaliate by issuing an executive order to withhold federal funding from sanctuary cities like Los Angeles. His administration has also vowed to pass legislation to outlaw sanctuary cities.

While it is not yet known the degree to which Trump will deliver on his campaign promises, individuals close to his administration have spoken to the media about his plans on condition of anonymity.

According to a recent report by NBC news, on Day One of his presidency, Trump is expected to issue five executive orders delivering on his promise to put a stop to illegal immigration. Many other executive orders are expected to follow, designed to undo the Biden administration’s policies on subjects like abortion and gender affirming care.

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donald-trump-2030308_1280In this blog post, we discuss how Trump’s return to the White House on January 20th could impact employment-based visa applicants and their employers in the years ahead.

While the Trump campaign has been very vocal about their zero-tolerance policy toward illegal immigration, much less has been said about employment-based immigration. For that reason, it has been hard to know exactly what lies ahead for foreign workers.

While we don’t have all the answers, Trump’s track record on employment-based immigration helps provide insights into the changes we are likely to see during his second term.

To help readers understand how the incoming Trump administration may impact employment-based immigration, we have drawn up the top five areas where there is a high likelihood that changes may be introduced either by executive action or internal policymaking.

This information is based on our collective experience dealing with immigration agencies during Trump’s first term in office. Readers should be aware that none of this information is set in stone. Immigration policies are likely to evolve as the Trump administration settles in and as the political climate becomes more balanced.

Increasing Vetting and Processing Times for Employment-Based Workers

Foreign workers who plan to file employment-based cases should be aware of the following potential changes in the months ahead.

  1. The Return of Employment-Based Green Card Interviews?

In 2017, the Trump administration made the employment-based green card application process much more difficult when it required adjustment of status applicants to attend in-person interviews.

This directive was handed down with the passage of Trump’s executive order known as “Protecting the Nation from Foreign Terrorist Entry Into the United States.” This executive order was meant to crack down on immigration, by combating fraud and abuse in the green card process.

The decision to reinstate visa interviews for employment-based green card applicants led to a sharp increase in processing times at USCIS offices nationwide. This was due to the increased demand for interviews and limited resources available to accommodate the surge in applicants.

While in-person interviews are generally required under the law, prior to Trump’s presidency, the U.S. Citizenship and Immigration Services (USCIS) waived in-person interviews for a broad category of applicants, including employment-based green card applicants to better allocate resources toward higher risk cases.

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ai-generated-9069956_1280The fallout of the 2024 Presidential election has left high-skilled foreign workers asking what the Trump administration may have in store for them in the new year.

Perhaps the most vulnerable to attack is the H-1B work visa program, which was previously targeted by the Trump administration. A second term for Donald Trump promises to bring a new set of challenges for H-1B workers, including a hike on mandated salaries paid by U.S. employers, and increased scrutiny leading to a predicted surge in Requests for Evidence and H-1B visa denials.

About the H-1B Work Visa

H-1B workers are a subset of professional workers that have long filled a critical need in the U.S. labor market, especially for those working in the sciences, technology, engineering, and mathematics (STEM) fields.

Every year, U.S. employers from hundreds of industries use the H-1B visa program to bring highly skilled and well-educated foreign professionals to work for them in the United States. To qualify, H-1B workers must have a job offer from a U.S. employer to work in a “specialty occupation,” which requires a baccalaureate degree or the equivalent work experience to work in the field. Applicants must demonstrate that they have the academic and professional qualifications to work for the U.S. employer.

Only 65,000 H-1B visas are available every year, with an additional 20,000 visas made available to professionals with a U.S. master’s degree or higher in their field.

The annual visa limits mean that the H-1B work visa program is a “lottery” based visa, requiring employers to submit an electronic registration every Spring, to have a chance of being selected.

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