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BREAKING: Trump Immigration – Which US Non-Immigrant Visas Will Be Banned?


Hi, I'm Jon Velie, CEO of OnlineVisas and welcome to Voice of Immigration If you're watching this on YouTube, please subscribe and turn on your notifications if you want to be kept in the loop

Please like, and share if you like it And I'm here to announce what's happening in immigration Very, very difficult time Last Friday, the early days of June, the White House Department of Labor and Homeland Security met and some believe have agreed to reach some, I guess, agreement that would have a devastating impact on merit-based immigration into the United States, utilizing the INA 212(f) and 215, a new presidential proclamation may ban entry of certain non-immigrants into the United States We think that that ban will come, be announced somewhere around June 15th

It will be a temporary ban on entry under the H-1B, H-2B, L-1 and J-1 visas We thought the J-1 would not be included in that It looks like it will be now Pardon me There are some exceptions for performing COVID-related medical research, healthcare professionals and food supply workers, but only if the employer has performed certain additional recruitment efforts to locate American workers to fill these jobs

As to the duration of the proclamation, it looks like it will be somewhere between 90 and 180 days Some think that it'll probably be around 120 Important to note is that it will likely be after October 1st, which is when the H-1B cap-based petitions will have been approved So for companies that have gone through the process and will have gotten through the lottery and won an H1-B with a start date of October 1st, those would be included in the ban And those people if outside the United States would not be able to come in

Now, like the earlier proclamation, this was typically about coming into the United States as 212, section 212 deals with However, there are also some agreements that will have a far more devastating impact on immigration that DOL and Homeland Security with the White House have dealt with And let me take you through the laundry list of those things that may be coming down from this Now, we say may be coming down because nothing's been announced yet This administration is pretty good at putting things out there that they want to do

And there are a number of folks, especially in the Republican party that have initiated potential legislation that would be in opposition to this But let me tell you what the things are and then we can talk about that So imposing a requirement that H-1B workers be paid an OES wage level one That's the lowest level of wages Used to be just being above the line was good

Now there are four levels So if they are going to be level one, they can get the visa, but no more than two years, as opposed to three And if they seek an extension, then they'll have to be at least wage level two Extending a concept of joint employment Now, there was a big lawsuit we talked about before, the ITServe Alliance suit, that slammed immigration for its policies on third-party placements and those requirements

Well, this administration has not taken that lightly and has doubled down in making that now even harder So before where there were some requirements of showing the contracts and employment letters and work authorization proof They're now going to have what looks like both the primary employer, that's the company petitioning and the place where the employee is going to be both file LCAs and that can be a very problematic thing LCAs are Labor Condition Applications and that may really, really damage those companies that are hiring the H-1Bs if the other entity has to go through the immigration process partly themselves with the LCA There now looks to be an agreement or a memorandum of understanding between DHS and DOL to change how they'll calculate the four wage levels and all four wage levels will increase

We heard that they were going to look at a minimum wage for foreign employees under these visas, especially H-1B to be, possibly, only level four or higher I'm sorry, level four, or maybe a 100,000 minimum So entry-level job, a $100,000 But they didn't say that, but they are going to look at these ways levels and increase them We don't know how far, so it depends on how devastating that will be

The most triggering or potentially devastating piece of what we hear is that they may impose a $20,000 filing fee for all H-1B petitions, in addition to the actual filing fees We'd heard maybe a $75,000 to a $100,000 filing fee earlier It's not that high, it's $20,000, but $20,000 can really, really be a deterrent And really anybody that's in the staffing world probably would not do that They'd make no money if they had to pay just that filing fee to get in, in addition to the other filing fees, the legal fees, the recruitment, the training, all these other things

So $20,000 Now we don't know if that is going to be legally permissible or not and we'll see what happens if they do this They've been looking at strengthening or making the H-1B process harder anyway and they may redefine some key terms These are what a lot of the H-1B visas have been turning on These terms are specialty occupations

That is the job title and duties and who is an employer We don't know what that would mean, but probably more restrictive Who's an employee and what is the employer-employee relationship? Expect movement in that in the next few weeks Rescinding the H-4 rule This is where spouses of H-1Bs that have already approved

I-140s, that's part of the green card process Their spouses can get work authorization And many of these folks in the tech field are living in very, very expensive places and they need the double income, so their spouses work It looks like they may strip that ability for H-4s to be able to do that And also the OPT

OPT is Optional Practical Training This is a process that allows those that come to United States universities to be able to get a year or if they're in the STEM fields, that's science, technology, engineering, and math three years to enter the professions in their majors and work without having to get a visa And now it looks like they may only allow those in the top five to 15% of their graduating classes to have that status and that's difficult They're also looking at rescinding work authorizations for various categories of individuals, including the TPS recipients, asylees and refugees that would basically create a significant amount of new individuals in the country that would become public charges So these are folks that have left their countries and have been given work authorization cards to work, would no longer have that

So that would be difficult and so we'll see And it looks like that won't impact DACA, but we'll see on that So some really, really rough news for those in the immigration world and companies that rely on hiring the professionals, people with university degrees to work in university professions There's not a lot of them We're talking about less than 5% of the workforce

However, some of the most significant parts of the workforce and a really, really big government intrusion into companies to be able to hire who they need to be successful, especially when they're trying to go back online, coming out of the COVID-19 economic shutdown And that's where we see some Republican congressmen and senators possibly putting forth some legislation Now legislation would be superior to this If legislation was passed by Congress, a law was passed by Congress unless the president of course vetoed it But an executive order is not as strong as that

We'll see if there's some debate It looks like the White House is divided On one side, you have Jared Kushner and Wolf And on the other side, Cuccinelli and Miller Miller is the architect

I would think that Pence would probably be on the Kushner side on this, but I don't know how much power he has on that It's really Donald Trump Where does he want to go with this? We see as a political football immigration, hard on immigration could be perceived or how they want to spin it is they're standing up for the nearly 20% unemployment of Americans right now and not letting these foreigners get their jobs is how that would be spun But really the jobs that the H-1Bs are taking are utilized in areas that we have a big need for more people And they're high-value jobs or high-income jobs

Not letting these folks in, will still leave us without enough people to do them So that's where we're at Some tough stuff Hopefully, these things won't go in or won't go in as hard, but that's where we are today I'm Jon Velie CEO of OnlineVisas and we're delivering dreams one visa at a time

Thanks a lot

Source: Youtube

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