It’s that time of year again, when we are called to count our blessings, and you are certainly one of them! Our customers are the reason we thrive. Thank you so much for choosing us time and time again. We wish you and yours a very happy Thanksgiving!
Please be aware that our office is closed in observance of the Thanksgiving holiday on Thursday November 28th and Friday November 29th.
We will be happy to serve you upon our return on Monday December 2nd.
In 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.
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.
The 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.
Recently, the Department of State released guidance to assist U.S. Citizens petitioning for family members in Lebanon.
Here are the highlights:
Immigrant Visa Information
The National Visa Center (NVC) will directly email petitioners, beneficiaries, and representatives of spouses, children under 21, and parents of U.S. citizens with approved I-130 petitions to provide an immigrant visa interview appointment date and instructions. Applicants must check their email for updates.
Immigrant visa cases will continue to be processed according to the final action date published in the Visa Bulletin. In November/December, the U.S. Embassy in Beirut will schedule visa interviews for currently eligible family preference immigrant visa cases and nonimmigrant Fiancé (K-1) visa cases.
Case Transfers from Beirut to Other Embassies/Consulates
Individuals wishing to transfer their immigrant visa case from the U.S. Embassy in Beirut to another U.S. embassy or consulate may contact NVC via the Public Inquiry Form and in the “Enter Your Inquiry Below” box, include:
Applicants must arrange their own travel to an alternate embassy or consulate for their visa appointment, including complying with any visa requirements for entering that country to attend their visa appointment.
In the complex landscape of U.S. immigration, the O-1A visa stands out as a great option for individuals with extraordinary abilities in fields such as business, sciences, athletics, or education. This visa offers a pathway for highly talented professionals to work in the United States while showcasing their exceptional expertise.
An O-1A visa petition must be supported by documentation showing receipt of a major internationally recognized award, like a Nobel Prize. However, if the applicant has not received such an award, they may still apply if they meet at least three of the following criteria:
“Sophia’s” O-1A Journey
In our client’s case, “Sophia” was a Marketing Development professional with over 13 years of experience, creating innovative campaigns for well-known businesses throughout the world.
In support of her O-1A visa, “Sophia,” provided ample evidence to meet more than three of the criteria, including evidence of her leading roles as a marketing professional throughout her career, memberships in prestigious organizations, judging positions in her profession, evidence of high compensation as a marketing professional, recognition in the major media, authorship of scholarly articles, and the exhibition of her work.
While “Sophia’s” immigration journey seemed to go smoothly at first, she ran into some challenges which prompted her to seek representation from our law office. In this blog post, you will learn how “Sophia” was able to bounce back and achieve success after experiencing a few hiccups along the way.
We are excited to report that Qatar will soon be joining the Visa Waiver Program, which permits citizens of 41 countries to travel to the United States for business or tourism for stays of up to 90 days without a visa.
Qatar’s designation was announced on September 24th by the Secretary of Homeland Security and the Secretary of State.
Qatar will become the 42nd member of the Visa Waiver Program and the first of the Arab states of the Persian Gulf to become part of the program.
When can Qatari nationals travel to the United States using the Visa Waiver Program?
Qatari nationals can start applying for the Electronic System for Travel Authorization (ESTA) online application or on the “ESTA Mobile” app no later than December 1, 2024.
The Electronic System for Travel Authorization (ESTA) is a fully automated, electronic system for screening passengers before they begin travel to the United States under the Visa Waiver Program. Eligible citizens or nationals from all Visa Waiver Program countries must obtain approval through ESTA prior to traveling to the United States under the Visa Waiver Program. Visa Waiver Program travelers are encouraged to apply for authorization as soon as they begin to plan a trip to the United States.
ESTA travel authorizations are generally valid for two years upon issuance and permit travelers to remain in the United States for up to 90 days for tourism or business purposes.
Qatari citizens with valid B1/B2 visas may continue to use them for business and tourist travel to the United States.
Can U.S. Citizens also travel to Qatar without a visa?
Yes. The move will also benefit U.S. Citizens, considering that Qatar will update its travel policies starting October 1, 2024, to allow all U.S. citizens to request entry into Qatar for up to 90 days instead of the previous 30-day limit. U.S. travelers must have a passport that is valid for at least three months from arrival and a confirmed hotel booking on arrival.
In his announcement, Secretary of Homeland Security Alejandro N. Mayorkas remarked, “The Visa Waiver Program is one of our most successful security initiatives. Qatar’s participation in the program increases information sharing regarding one of the world’s busiest travel and transfer hubs, strengthening the security of the United States. I commend our Qatari partners for meeting the stringent requirements in this agreement entails and look forward to our continued work together on behalf of our respective countries.”
Visa Lawyer Blog