Dear Readers:
Last month, it was looking like 2017 would be a year of opportunity for enacting positive reforms to the US immigration system. Hillary Clinton was poised to win the White House and the Democrats were set to make gains in both Houses of Congress. But with a Trump win and Republicans controlling both Houses of Congress, the year is shaping up much differently. It’s still very early to say what will change. President-Elect Trump has been sending very mixed signals in the weeks since the election. They include:
- No longer saying Mexico will pay for a border wall and admitting that fencing will be along part of the border;
- No longer saying all illegally present immigrants will be deported and instead saying criminals will be the target; and
- Telling the New York Times that he plans on making an immigration deal that will make even them happy
He also made one mention of immigration in a Youtube video he posted regarding his first 100 days in office and it involved cracking down on H-1B visa fraud and abuse.
The appointment of Jeff Sessions to Attorney General is certainly a worrying sign. Sessions is one of the most anti-immigrant politicians in the country. And two local politicians who are notorious for their anti-immigration positions, Kris Kobach and Joe Arpaio, are on the short list for Secretary of Homeland Security. The appointment of either will be very troubling, though it seems likely that either of these two would have exceedingly tough confirmations.
The other big question mark is what Trump will do about the DACA program. More than 600,000 young people around the country are able to work on the basis of that program and Trump has promised to end the program on his first day in office. He has alternatives he can consider including allowing people currently using the program to continue or at least not revoking the employment cards of those in the program. He might pursue passage of the Dream Act, something that has always had bipartisan support, as a way to solve the problem.
As for Congress, aside from helping the President advance his immigration enforcement initiative, expect that branch to take up skilled immigration reforms, particularly relating to the H-1B and L-1 visa programs.
In this issue we discuss how those most vulnerable to the change in Administrations can prepare for change.
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The Department of Homeland Security issued a long-awaited skilled worker regulation that makes dramatic changes to the H-1B, EAD and employment-based immigrant visa programs. The 366-page rule has been summarized by Siskind Susser and we include this detailed overview in this issue.
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Siskind Susser is expanding again and we would like to welcome paralegal Kyle McCaffery, a University of Notre Dame graduate who will work on our healthcare immigration team. We would also like to welcome Stephanie Perez, a senior at the University of Memphis who will be assisting our accounting department.
I would also like to offer best wishes to this newsletter’s editor Sarah Schrag. Sarah is leaving to pursue a master’s degree in international relations at Tufts University in Massachusetts. It has been a true pleasure working with the outstanding Sarah and I know we will hear great things from her in the years to come. Best of luck, Sarah! Everyone at the firm will miss you.
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As always, we invite you to contact us if our firm can be of assistance. Please visit our web page at www.visalaw.com for information on reaching the firm or scheduling a consultation.
Regards,
Greg Siskind
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.