Hit enter after type your search item
Wzy Word


BREAKING: Trump OFFICIALLY Bans H-1B Visa and 3 Other Non-Immigrant Visas! What Visas Can Be Filed?


Hi, I'm Jon Velie, CEO of OnlineVisas, and this is Voice of Immigration Today marks a very important day in immigration as this is the day that President Trump entered a proclamation suspending entry of aliens who present a risk to the US labor market following the Coronavirus outbreak

In effect, President Trump banned work visas We're going to go through what work visas he banned and what can still be filed We'll dig into this Let's drink a little coffee and roll up our sleeves and get into this In other news, the USCIS filed a regulation regarding an asylum that we will deal with in another thing, but a very, very long 300 plus regulation revision for those folks

restore integrity to the immigration system A lot of immigration stuff went down today, but we're going to focus right now on the proclamation of the President that came down late today, about five o'clock Central time, six o'clock Eastern time, end of the day Lots of articles today on a lot of different things on what this would be

We've been seeing it coming down the pipe, and it finally dropped and now we're doing this We're going to see a ban H-1B, H-2B, L-1, J-1 visas until December 31st, 2020 We thought we might go through October We thought we might have something before the election so that another event could happen with the President as he is running for reelection for the next term of presidency Now, what didn't it do? Well, one of the things is this is not for the filing of anything inside the United States

If an H-1B is extending its H-1B or amending their H-1B, an extension would be in the same position for a longer period of time An amendment would be in a different position, potentially even a different company You can still do that and you can change status If someone is on an F-1 student visa or a B-1 visitor visa, they can change their status to any of these visas if they're in the United States There are also some things that weren't in there

We were looking out for maybe the employment authorization document to be taken away from either H-4s or students on their OPT OPT stands for Optional Practical Training That was not covered in this proclamation, so lucky break for students and students who want to work, and those who are spouses who are working for H-1Bs We thought those might've been on the plate They weren't

There was also a discussion of a very significant filing fee increase We did not see that However, we did see some very troubling language of a proposal for more regulations to come down the pipe that were not in this, pretty short, proclamation In those regulations, we may see things like fee increases We have heard of fee increases initially as high as $100,000

We saw fee increases maybe $20,000 most recently None of those were covered, but in the regulations, we might see a change in that There is some, I guess, looming language of what USCIS or Department of Labor might be coming up with to deal with a new regulation on that Let's dig into this There were a couple of findings

It's mostly around wanting to protect US workers because while the rate of the 133%, which is the most extreme unemployment ever recorded by the Bureau of Labor Statistics in May, the rate of 133%, and they said a marked decline in April, millions of Americans still remain out of work That's basically the reason for this There were a couple of findings that the President made

One was that the admission of workers within several non-immigrant categories pose a risk of displacing and disadvantaging United States workers during the current recovery is one of the findings Under the extraordinary circumstances of economic contraction resulting from the COVID-19 outbreak, certain nonimmigrant visa programs pose an unusual threat to American workers For example, 17 million United States jobs were lost in industries for positions tied to the H-2B visa During the same period, 20 million United States workers lost their jobs in key industries where employers are currently requesting H-1B and L workers to fill positions, and that the J immigrant visa hits a part of American workers that have a particularly high unemployment rate, 299% of 16 to 19-year-olds and 23

2% of 20 to 24-year-olds in that group that would be impacted by the J visa This is to deal with that Now, what's really interesting I'm going to try to rub some analysis in this while I'm taking you through this Now, remember, I just read this today We're going to break this down further Matter of fact, if you're on our YouTube channel, please subscribe to our channel and click for the updates and we'll keep you updated We're going to try to do a webinar on this on Thursday, which would be June 28th, I believe

We'll try to do a webinar then on what you can still do as we dig in a little deeper and we see some deeper analysis and maybe understand what these regulations may do We'll also tell you a little bit more, but I'm going to tell you my initial impressions on this Also, go to OnlineVisascom and you can ask for a strategy session if you want more information on this, but what we're going to do today is go through these and try to talk about what hasn't been impacted and what you can still do That's what we're going to try to do

One of the things in these findings is a little disingenuous because there are some factors out there Now, remember, a lot of US employers are going to be hammered by this ban on the H-1B and L workers in particular, and the H-2B for that matter, but those are different types of employers The H-1B and the L's are looking for professionals What H-1Bs are, for those that have university degrees A really big segment of that is the tech sector, but also universities higher in those areas, financial markets higher in those areas

We have an economy that's trying to come back online Now here's what's really interesting that was not a fact that was given in there because it didn't meet what they were trying to do That's that despite the low unemployment rate that was even during the Coronavirus of 3% in the tech industry, that that actually lowered during the Coronavirus outbreak to 25% There's been a lot of major players that have been trying to inform the President and the White House that, "Look, this isn't hurting the people you're trying to protect

Those jobs are right there" They could have done a carve-out for tech workers, but they didn't We've seen that this White House has been at war with the tech sector and may have used the Coronavirus and not the statistics around that sector to punish them in this sort of scenario, so pretty unfortunate for that group We'll go on Now, the President is saying that he can use 212(f) and 215(a) of the Immigration Nationality Act to do that

That's really for immigration into the United States Now immigration is a term of art These are not immigrant visas He's trying to couple that with a security interest Be aware of lawsuits, ladies and gentlemen

They may not have the authority to go after the non-immigrant visa the way he is doing it Now, he has limited it to outside the United States, and that might be why, or probably likely why you don't see this affecting extensions, amendments, changes of status and those things That's a good thing As we move on, and there's section two is the entry into the United States of aliens seeking entry pursuant to any of the following non-immigrant visas is hereby suspended and limited subject to section three Section three is going to create some exceptions

Let's go through what two are A, an H-1B or H-2B visa and any alien accompanying or following to join such alien Now, I hate the word alien These people are not from outer space They're foreign nationals

They are citizens of other countries that are not permanent residents of the United States, but that's what the law says and how we're going, but that's my soapbox I think the use of the word alien is just used to be a negative term for political purposes and foreign national is a much better one, but in any case, these citizens of other countries cannot come into the United States on an H-1B or H-2B visa without the exceptions we'll go through That includes spouses and kids That's H-4s on that deal The second one, section B, is a J visa to the extent the alien is participating as an intern, trainee, teacher, camp counselor, au pair, summer work travel program, and any alien accompanying or following such alien to that

Let's go through that There's 14 J-1s The intern and trainee, are really the big ones Interns are those who are usually still in college Trainees are usually management trainees

Those are out of college with a year of experience Teachers, camp counselors, au pairs, that's a lot of them It does not say, foreign medical graduates That's a big J program FMGs, or international medical graduates I think they're called now, are not part of this

That's a big save, I think, for those that are coming here, typically to do their residency We'll dig in a little bit deeper on that when we do that, but that's just coming to mind The L visa and any alien accompanying or following such aliens, so that means the spouses on L-2s and kids The L-1A is for managers and executives of international companies Those are excluded, which is a really weird one

How are those people taking jobs from Americans? I mean, if an international company wants to send their managers or executives over here because they know the special sauce because they need to operate their company the way they do, you're really, really shackling investment into the United States This is a crazy, nonsensical one They could have said the L-1B, which is more for special sauce thing, but I think the L should really be off-limits That's a crazy add right there, asking a foreign company to come in and you can only hire Americans and you can't bring your others in Now, of course, that's the exception

Those that are already here can extend Those that are on visitor visas can extend, but that's a tough one for those folks trying to come in and expand This is a really good time to invest in America America needs investment We don't need to just be borrowing money from Chinese banks, which is what we've done, Saudi Arabian banks, which is what we've done

With the L-1A, that's where companies are coming and investing and bringing business to the United States We're trying to bring back business Isn't that the whole thing that this has administration ran on? But right now, they didn't go that far, but we'll see whether or not non-immigrant visas are there too and whether or not we'll see some sort of injunctive thing We've done a lot of things on John Wasden Wasden Banias has won some really, really big cases on the H-1B and forced USCIS to settle

USCIS literally last week just came out with an H-1B memo, which still goes into play for those changes of status, but we'll see if John Wasden and his boys take on this thing right now, because this looks like it's smelling good for a lawsuit What else do we have? It does not have a non-immigrant visa that's valid on the day of the proclamation It doesn't count those who have visas that are stamped in their passports outside the country If somebody has visited, gone to see mom and dad, went back for Coronavirus to check on things, they can get back in if their visa is valid and scanned into their passport They can't go to the consulate and get a new one

The consulates are closed anyway This doesn't go into effect until the 24th Today's the 22nd that I'm broadcasting this You may see this later, but there are no consulates open No one can run in tomorrow and get themselves their visa stamped unless it's an emergency situation

If you have an emergency situation, you might try to get in there and deal with that Good luck to you on that one That's what that is There are also things If you have an advanced parole document or other types of travel documents such as a transportation letter, an appropriate boarding foil, or an advanced parole document Advanced parole are those travel docs that come to people who have pending green cards If you have that, you can get back in the country and do your job on that Then it doesn't cover green cardholders

That makes sense because a green card holder would not be applying for one of those visas It doesn't include spouses or kids of US citizens They can come in, I guess, on these visas, but if they're a spouse of a US citizen, they could also come in as a spouse of a US citizen You could speed it up a little bit I guess if you're married to a US citizen and you don't want to wait the year or so it takes to get a visa to be a spouse of a US citizen, you could file for one of these visas if one of these visas were available, or if you had a pending H-1B

All the H-1Bs are due literally in the next few days On the 31st of June, we have to file the H-1Bs If they're outside the country, they're not coming in, but if they happen to be a spouse of a US citizen, they could, or I guess if they marry a US citizen between now and then, they can do that too That's it Now some exceptions, so for those that provide temporary labor or services essential to the United States food supply chain

That could be H-2Bs in the food sector What would that mean? I guess that means The H-2A is for agricultural work, so H-2Bs are for the other workers

If it's non-agricultural related but still in the food supply chain, I guess to do that you could work for chicken processors, Tyson Foods and those sorts of the world They could still do H-2Bs, I suppose Maybe somewhere in the restaurant industry, we'd have to dig in and see how far that goes, but it says food supply chain I think a restaurant would be at the end of the food supply chain, but I'll leave that up to a little bit more analysis, but that jumps to mind There's a national interest

Now, this is determined by the Secretary of State or Homeland Security If you go in and say, "Hey, I'm national interest," be prepared for that visa application to be sent off to somebody to decide it, but look, I mean, this has been an interesting aspect for attorneys, my brethren, to devise cases to say that our client, what they're doing is in the national interest so they need their H-1B They need their L-1, those sort of things because here's what they're going to do when they come in There's another We always look for the chess game here We love those If you need one of those, give us a call, sign up for a strategy session on OnlineVisas We can talk about whether or not you are in the national interest in the job you're going to do

We can look at the national interest waiver criteria for that, or we can just make really great arguments and go from there There are all sorts of things that might constitute national interest Let's take a look at that Some other ones here are some, they just get a laundry list of things that are accepted, critical to defense, so if you're doing something that's attached to one of our military entities somehow We've done some of those before

We did some L-1s and As and Bs for back during Desert Storm years ago, for those that built and maintained major tanks Those sorts of clients that we did that for would be able to have an exception to this Law enforcement, if you're helping law enforcement, so I guess certain police officers maybe on H-1Bs could work there, or H-2Bs Diplomacy, that's an interesting thing, so I guess if you're related to a governmental entity somehow doing some diplomatic things The national security of the United States, again, that's a broad net, but there's some stuff there

Here's one that we expected, provision of care to individuals who have contracted COVID-19 and are currently hospitalized How would an H-1B be a provision of that? I guess doctors and nurses Registered nurses are H-1B positions Doctors are H-1B positions If they are coming in for hospital services that deal with COVID-19, then that works

Also involved in the provision of medical research at the United States facility to help the United States combat COVID-19 Others are necessary to facilitate the immediate and continued economic recovery of the United States Oh, I love that one Okay, lawyers, right there, creative thinkers, CEOs, those are the sort of things right there to facilitate the immediate and continued economic recovery of the United States What's your company doing to help with that? Broad

Let's be creative there I would say, use experts I'd say use data

I'd say all those sorts of things I think there's a way to do that Again, if you want to talk about that, schedule a strategy session, drop us a comment below, and we'll have a conversation about that We look forward to working with companies and individuals that might be able to do that and go from there That's that laundry list of exceptions

Let's go on There is a don't try fraud or misrepresentation or you'll be removed type of section in here Then it says that nothing will be construed or limit the ability of an individual to seek asylum refugee status, withholding a removal, protection of the convention against torture or other cruel, inhuman, or degrading treatment or punishment consistent with the laws of the United States Look at some provisions to just exclude people on that, which makes some sense as long as it's not abused That's it

Now here's the piece that's scary The Secretary of Labor shall, in consultation with the Secretary of Homeland Security, as soon as practical and consistent with applicable law, consider promulgating regulations or take other appropriate action to ensure that the presence in the United States of aliens who have been admitted or otherwise provide a benefit or are seeking admission or benefit pursuant to an EB-2 or EB-3 immigrant visa, those are the perm green cards, the labor certification green cards, or H-1B nonimmigrant visa, does not disadvantage United States workers What does that mean? Well, here's where they didn't get into in this proclamation, wages They're saying labor is going to be involved in this and immigration This is where they could go into a higher wage limitation

We thought that might happen and it didn't end up in the proclamation They're asking for you to be eligible to apply for a visa for admission or entry in the United States or other benefit until such alien has been registered with biographical and biometric information, including but not limited, photograph, signatures and fingerprints Well, we never had fingerprints before on the H-1B We have them on the green cards Look, that's not the biggest deal, but it could create some significant delays in people entering

They're going to have to have biometric information Those usually go to all the three-letter agencies to determine if somebody comes in A lot of times in the green card process those have delayed entry significantly I don't know how fast that will happen and the practical effect of that if they're going to need to have fingerprints for every single visa that comes in, visitor visa or otherwise We'll see what that means

Here's an interesting one, take appropriate and necessary steps consistent with applicable law to prevent certain aliens who have final orders of removal, who are inadmissible or deportable from the United States, or have been arrested or charged with or convicted of a criminal offense in the United States from obtaining eligibility to work in the United States Now, there are things in place that deal with crimes, people that commit crimes, but this says a criminal offense Before, we were dealing with felonies, any crimes of moral turpitude That's fraud and those sorts of things They had misdemeanors, but if it was for over one year of punishment

In some places, a DUI might have a three-year penalty In others, it might've had a one-year penalty It had to be over one year A one year DUI was not grounds for denial, but a three year DUI is, and many other crimes There are petty crimes, petty instances that have not been a basis for denying people entry into a country

That makes sense These crimes, just any crime Crimes are different

I mean, somebody could have played a prank or done something young, been publicly intoxicated at one point Should they never be able to get a visa into the United States because of that? I mean, it seems a little harsh, doesn't it? I mean, we don't do that to ourselves Anyway, that'll be interesting to see what that means That's just part of these regulations that may be coming out This is what they're looking for

As soon as practicable and consistent with applicable law, consider the promulgation of regulations to take other appropriate action regarding the efficient allocation of visas pursuant to a couple regulations, ensuring the presence in the United States of H1B non-immigrants does not disadvantage United States workers Now, what does that mean? I don't know Maybe it means that they're going to require the recruitment like they do in the EB-2 and EB-3, or even in the H-2B visa, where you have to run some ads We'll see This might require running ads to see if there are any Americans willing or able to do the job like they do in the green cards

That's going to add significant costs, but I can see where they're trying to do that if they're trying to protect jobs Look, that's the state There are some other things This goes into effect on June 24th That's it

I'm talking about the new proclamation We're going to try to have a PowerPoint on what that still means What wasn't covered in this, in addition, again, student visas were not covered OPT was not covered Employment authorizations for H-4 workers were not covered

That's a relief for all of those people In addition, the E-2 investor, not covered by this Interesting that the L-1 was, E-2 investors not I think both of them should have been not, but that's one man's opinion The O-1 is not

Professional athletes are not The O-1's for extraordinary ability That's something you could look at It didn't say the H-3 Trainees under the H-3 were left unharmed by that

That's a good type of exception to the J-1 or the H-1B for that matter That's something that you could look at trying to do Look, if you still have questions, I'm sure you do, contact us, leave some comments here We'll try to get back to it Go to our website, OnlineVisas

com, and schedule a strategy session These are interesting times We're going to get through it This is a temporary deal If things get better, maybe they'll release this a little bit

Also, vote If you don't like what's going on, vote for change We're in America We have a free society and that's what we can do, or let it be known to your congressmen and senators I mean, a lot of congressmen and senators, even on the Republican side, put in letters about how this was going to impact our recovery

Again, statistically, for the H-1Bs in particular, especially in the tech sector, the unemployment rate went down during COVID-19 Why did that happen? Well, I'll tell you why that happened A lot of people had to stay at home Who was providing fixes to that? Who was providing technological advances and patches and ways for people to do that? Well, it was the tech sector They are very reliant on the H-1B and they're needed

Hey, think about all that stuff We're going to dig into this more I just want to give you some breaking news on that I'm Jon Velie I'm the CEO of OnlineVisas, and we're delivering dreams one visa at a time

Thanks a lot

Source: Youtube

This div height required for enabling the sticky sidebar