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Trump is considering a new way of distributing the H-1B visa to ensure they go
to the "best and brightest.This draft
executive ordermight open the door to major reforms of the
H-1B and the Optional Practical Training programs.
executive order calls for "an investigation of the extent of any injury to
U.S. workers caused by the employment in the United States of foreign workers
admitted under the nonimmigrant visa programs," which includes the H-1B
asks the Department of Homeland Security (DHS), which oversees immigration, to
"consider ways to make the process for allocating H-1B visas more
efficient and ensure that beneficiaries of the program are the best and the
This system would
favor those who have earned advanced degrees from a U.S. school, have a
high-paying job offer and have preferred skills, which were identified in the
The draft executive order also calls for stepped up
enforcement including site visits of L-1 visa using firms. The draft order
seeks, as well, a reexamination of the Optional Practical Training program that
allows STEM grads to work on their student visas for up to three years.
Chinese investors who applied for EB-5 visa before February of 2014 can get
their Green Cards now--so the waiting time for those investors is 2 years and 4
months. But this waiting time keeps increasing because over the last two years
several thousands of new EB-5 applications have been filed, which is many more
times than yearly EB5 visa quota. What is the waiting time for Chinese EB-5
investors who are planning to apply this year?
are approximately 40,000 Chinese EB-5 petitions pending and an additional
20,000 approved petitions awaiting visa availability--that is total of 60,000
people waiting in line. If all of the 10,000 annual EB5 quota was used by the
Chinese investors, it would take at least 6 years wait for a Chinese investors
applying now. However, other countries made up 15% EB5 investors last year, and
that percentage is likely to increase to over 50% as the Chinese EB-5 market
collapses due to long wait times and as other markets rise. If 50% of the EB5
applications in a year come from non-Chinese investors, that means that number
of visas available for Chinese investors could shrink to 5000 per year,
resulting in almost 12 years wait for Chinese investors investing now.
As waiting times increase, the
number of Chinese EB5 investments decrease. RCs get investors from other
countries in larger numbers. That reduces the number of visas available for
China per year, which makes the wait time longer, which in turn decreases
Chinese EB5 investments even further.
Therefore, various experts predict
that the waiting time for this year's Chinese EB-5 investors will be minimum of
6 years to as much as 10 years. In response to Chinese retrogression, the
Chinese EB-5 market is already down by 25%; and we expect it to shrink further.
With atrociously long waiting times, EB-5 is closing as a good option for
An Administrative Law
Judge (ALJ) of the Department of Labor (DOL) has ordered Medical Dynamic
Systems Inc to pay back pay to a H-1B worker of more than $59,000 in fees and
back wages for violating the H-1B visa laws. The ALJ said the health care
staffing company must pay Philippine national Vicente D. DeDios the $3,600 he
unlawfully paid in connection with his H-1B visa processing and an additional
$55,587 in back wages.
OnMay 12, 2016, U.S. Citizenship and
Immigration Services (USCIS) will begin premium processing for cap-subject H-1B
petitions requesting premium processing, including petitions seeking an
exemption for individuals with a U.S. master’s degree or higher. USCIS first announced
that it would temporarily adjust its premium processing practice due to the
historic premium processing receipt levels, combined with the possibility that
the H-1B cap will be met in the first 5 business days of the filing
U.S. Citizenship and Immigration Services (USCIS) has once again
received more than enough H-1B petitions within the first five business days of
the fiscal year 2017 filing period to reach the annual cap of 85,000 new visas.
is the fourth consecutive year requests outstripped supply in less than a week,
triggering a lottery.
the visas, which plunged during the recession, began to rise again in 2011.The visas are
initially approved for three years and can be extended for another three. Such
visa extensions don’t count toward the cap.
What is the Visa Waiver Program (VWP)? The VWP permits citizens of 38 countries to travel
to the United States for business or tourism for stays of up to 90 days without
a visa. In return, those 38 countries must permit U.S. citizens and nationals
to travel to their countries for a similar length of time without a visa for
business or tourism purposes.
Since its inception in 1986, the VWP has evolved
into a comprehensive security partnership with many of America’s closest
allies. The VWP, administered by the Department of Homeland Security (DHS), in
consultation with the State Department, utilizes a risk-based, multi-layered
approach to detect and prevent terrorists, serious criminals, and other mala
fide actors from traveling to the United States. This approach incorporates
regular, national-level risk assessments concerning the impact of each program
country’s participation in the VWP on U.S. national security and law
enforcement interests. It also includes comprehensive vetting of individual VWP
travelers prior to their departure for the United States, upon arrival at U.S.
ports of entry, and during any subsequent air travel within the United States.
For the past several decades, the State Department’s monthly
published Visa Bulletin has announced “cut off” dates to determine where
immigrant visa applicants were in the various quota queues applicable to
family, employment-based and Diversity-based immigrant visa categories. On
September 9, 2015, the US Department of State announced a new system for
determining eligibility to file for permanent residency.
As of October 1st, in an effort to maximize immigrant visa usage
in a fiscal year, the Department of State has established a system where there
are two different dates to track. “Application Final Action Dates” (AFADs) are
essentially the cut off dates that have always appeared in the Visa Bulletin.
“Dates for Filing Applications” (DFAs) are the dates applicants proceeding with
consular processing of green cards should be notified to begin gathering
documents for submission to the National Visa Center.
The new system applies to the family and employment-based green
card categories. The Diversity Visa cut off system is not changed and one chart
remains applicable in that category.
The DFAs are anywhere from several months to several years later
than the AFADs. Here are the differences on the October Bulletin.
Implementation of the new DACA and DAPA programs has been temporarily suspended. On February 17, a federal court judge decided the President’s programs were illegal. However, the existing DACA process and renewals of DACA are not affected by the recent court action.
On November 20, 2014, President Obama announced that he will be taking executive action on immigration due to inaction by congress. Two areas where individuals will see relief are an expansion of the current Deferred Action for Childhood Arrivals and a new policy of Deferred Action for parents of children who are U.S. Citizens (USC) or Lawful Permanent Residents (LPR).
Expansion of Deferred Action for Childhood Arrivals (DACA):
Individuals meeting the following criteria will be considered for deferred action if they: