Basics on Trump’s executive order on certain visas restrictions.
My phone started exploding Monday afternoon after the news broke where president trump had just signed its executive order of not allowing certain visas to be renewed or new visas to be granted. As an Au Pair coordinator, which is one of my other activities, this is a major concern especially for families who rely on this form of child care and are now faced with the uncertainty as to what will happen. but first, let me explain to you what each visa is before understanding the reason behind the executive order and what it means for its holders.
Basics, What is a nonimmigrant visa to start with?
Foreign national who does not intend to remain permanently in the US, and he or she possesses “nonimmigrant intent”.
Nonimmigrant intent: proven intent to return to the country of origin following the expiration of the stay.
Visas held on Trump’s executive order:
H-1B visas designed for high-skilled workers, particularly in the tech industry, Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models
-This applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability.
-The prospective petitioner must include a Form ETA-9035/9035E, Labor Condition Application (LCA) certified by the Department of Labor (DOL), with the Form I-129, Petition for a Nonimmigrant Worker.
-Duration: You can be admitted for a period of up to three years. Your time period may be extended, but generally cannot go beyond a total of six years, though some exceptions do apply
-Family members like spouse and unmarried children can apply for a file Form I-765, subject to certain restrictions and criteria.
-H-4 visas given to spouses of H-1B visa holders.
H-2B visas used by seasonal workers, such as in the construction and hospitality industries. There is an exception though for this type of visa, for workers in the food supply chain area and those considered perform activities of high importance to the U.S.
-Employer must establish that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work, it will not affect wages and conditions of similarly employed U.S. workers. and that its need for this type of worker is temporary.
-Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the fiscal year and 33,000 for workers who begin employment in the second half of the fiscal year.
- H-2B classification may be extended for qualifying employment in increments of up to 1 year and up to 3 years max.
L-1 visas for executives who work for large corporations.
-Considered workers with specialized knowledge, especially a company’s products, services, techniques, equipment management or other interests and its application in an international market or an advanced level of knowledge or expertise in the organization’s processes and procedures.
Qualified employees entering the United States to establish a new office will be allowed a maximum initial stay of one year. All other qualified employees will be allowed a maximum initial stay of three years. Extensions may be granted until the employer reaches a maximum of 7 years.
J-1 Exchange visitor visa: for scholars, professors, Au pairs, etc. The purpose is to facilitate educational and cultural exchange programs that promote the interchange of persons, knowledge and skills in the field of education, arts and sciences.
-Two-year return residency requirement: The requirement that a j-1 Visa holder returns to their home country after completing the J-1 program before seeking other immigration benefits in the US.
-Spouses and dependent children can apply for J-2 status. They can work in the US. The Visa term is the same as the principal.
-J-1 and J-2 have a 30-day grace period to leave the country after completion of the J-1 term.
Visa holders already in the U.S. and those applicants who have already received a visa are exempt from the ban. The restrictions are intended to last until the end of the year.
According to information of DOS and its exchange visitor program, participants under this category visit from around 200 countries and brings around 300,000 visitors throughout the year. There exist around 15 different categories of programs where participants can study, teach, research, and receive training.
THEHILL, stated “ A senior administration official said the visa restrictions would free up more than half a million jobs for workers already in the country. However, many companies are laying off workers due to the pandemic, and economic experts have acknowledged some of those jobs may not return.”
Whether or not this is a strategy to target immigrant workers, it’s supposed to boost the American economy where the unemployment rate has hit its highest mark in the last two months and open jobs in the course of the recovery of the pandemic.
Remember that entry to the country even in those exceptions are subject to the immigration officer, you might want to consider the advantage and disadvantages of international travel.
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