News & Insights

Trump’s Attack On H-1Bs Is The Worst Yet

60 days after suspending the issuance of green cards President Trump has now extended this order to include H-1Bs and a number of other visa categories.

While many argue that the revival of the U.S. economy will depend on the help of Immigrants, this is not something which Trump can put into a slogan to help his re-election campaign.  In his original campaign trail, President Trump had vowed to limit legal immigration and protect the jobs of U.S. workers.  Since Trump took office in 2016, Employers filing H-1B petitions and other visa categories have faced an uphill battle to obtain petition approval, despite very few changes in the law.

Although the H-1B industry just received some good news after USCIS agreed to rescind its 2010 Neufield memo and its 2018 Contracts and Itineraries memo, these celebrations are now likely to be overshadowed by Trump’s latest move.

Using the current pandemic as a scapegoat Trump has now suspended the entry of aliens seeking entry into the U.S. until December 31, 2020, under the following visa categories:

  • H-1B and H-2B visas (also includes H-4);
  • J visa; and
  • L visa.

This proclamation applies to anyone outside of the U.S. as of 12.01 am on June 24, 2020, who does not have a nonimmigrant visa or official travel document.  This proclamation does not apply to aliens providing essential services related to the U.S. food chain or whose entry would be in the National Interest as determined by the Secretary of State or the Secretary of Homeland Security.

To be clear this new measure does not apply to anyone in the U.S. seeking to amend or extend their status.  The proclamation also allows the various agencies involved to recommend any modifications, so do not be surprised if we see further restrictions going forward.

This proclamation is likely to cause severe disruptions to U.S. businesses, who can now no longer bring much-needed workers to the U.S., at least for the foreseeable future.

If you have questions regarding the proclamation please e-mail our Senior Immigration Attorney, Chris Prescott at cprescott@patellegal.com

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