Articles Posted in Business Immigration

US Citizenship and Immigration Services (USCIS) announced on August 28, 2018 that it will extend the temporary suspension of premium processing for H-1B petitions subject to the annual cap, as well as expand the suspension’s coverage to include other H-1B petitions.

About the H-1B

The H-1B program allows foreign workers in highly specialized fields to enter and work in the United States, as provided by section 101(a)(17)(H) of the Immigration and Nationality Act. The visa is available to workers who are experts in technology, accounting, academic research, and other fields “requiring specific theoretical and technical expertise.”

The Visa Control and Reporting Division of the US Department of State (DOS) announced last week that it will be cutting back on processing immigrant visas for certain “priority workers” due to their unmanageable worldwide demand.

Priority workers, also known as “EB-1” (employment-based first preference workers), include “persons of extraordinary ability in the sciences, business, arts or sports; outstanding professors and researchers; and multinational executives and managers.”

In light of this announcement, US Citizenship and Immigration Services (USCIS) and the DOS have, since August 1 of this year, ceased issuing both immigrant visas and lawful permanent residence status to at least 137,000 highly in-demand workers.

A number of Texas businessmen and business organizations have recently filed a brief in opposition of the Texas state government’s efforts to pursue legal action aimed at terminating the Deferred Action for Childhood Arrivals (DACA) program, the Obama-era immigration policy they claim plays a vital role in the Texas economy.

Representatives from southwest businesses, business associations, and Hispanic Chambers of Commerce filed the brief last week objecting to Texas Attorney General Ken Paxton’s lawsuit against the DACA program, citing concerns over the significant negative consequences that getting rid of the program would have on their businesses. Rescinding DACA, they claim, would cause Texas to lose over $6 billion in economic activity over the next 10 years.

DACA is an Obama executive order that took effect in 2012, designed to protect immigrants who entered the country as children from immediate deportation and provides them the opportunity to acquire temporary work permits. The brief states that DACA has given over 126,000 Texas-based immigrants deferred status since its implementation.

The Supreme Court’s decision to uphold President Trump’s immigration/travel ban in Trump v. Hawaii will have a substantial impact on the industries that depend on employing immigrant workers from countries affected by the ban, namely: Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen.

The healthcare industry is expected to take a specifically strong blow as the United States is already facing a critical shortage of healthcare professionals including nurses, doctors, and home health aides, ban notwithstanding. According to the Migration Policy Institute, immigrants comprise at least 30 percent of all physicians and surgeons in the country, with Syria and Iran among the top 10 countries supplying these professionals.

Over 30 organizations, including the Association of American Medical Colleges (AAMC), wrote a joint statement to the Supreme Court in an amicus brief during the Trump v. Hawaii proceedings, pointing out that “international health professionals provide essential care in teaching hospitals and their communities, particularly for rural and underserved populations.”

The Justice Department recently reached a settlement with Themesoft Inc (Themesoft), a Texas-based technology consulting and staffing company.  After an extensive investigation of the company’s refusal to refer a work-authorized immigrant to a client, the company was found to have violated the Immigration and Nationality Act (INA). A former worker of Themesoft accused management of discriminating against him because of his citizen status as an asylum seeker.

According to the complaint, Themesoft refused to refer the asylum seeker’s application to one of their clients, citing his lack of a lawful permanent resident status, U.S. citizenship, and H-1B visa. The US government, however, grants asylum seekers work authorization, allowing them to find employment just as any lawful permanent resident and U.S. citizen is able to.

Themesoft was also found to have violated the INA’s anti-discrimination provision by demanding specific immigration documentation from the asylum seeker due to his immigration status. Under the provision, employers are strictly prohibited from requiring documents from immigrant workers pertaining to their citizenship, immigration statuses, or country of origin beyond those specified by law.

Speaking to the press in Capitol Hill, White House Chief of Staff John Kelly announced that “DREAMers,” or beneficiaries of the Deferred Action for Child Arrivals (DACA), would not be a priority for immigration even if Congress fails to come up with a legislative replacement to the program before its March 5 termination date.

DACA is an Obama era executive order that allows undocumented immigrants who entered the country as minors to apply for temporary protection against deportation. The program allows DREAMers (named after the DREAM Act, a failed bill with the same provisions as DACA) to apply for renewable work permits and even a driver’s license, making it possible for them to lead a normal life and contribute to society.

In September last year, President Trump announced he would rescind DACA on the basisof it being an overreach of the former president’s executive power. Trump, however, placed a 6-month delay for the program to end, giving Congress time to come up with a legislative solution in its place.