H1 and L1 visas to be suspended by President.
#16
Forum Regular
Joined: Apr 2014
Posts: 99
Re: H1 and L1 visas to be suspended by President.
Given the language around modifications to those seeking new EB-2 and EB-3 visas, what's likely to happen to those with applications that are receipted and in-flight whilst the administration goes through rule making for whatever it is that they want to do?
Are you generally grandfathered in e.g. will a receipted petition be adjudicated based on the rules that were in force when it was received by USCIS?
What about a PERM application that's filed and pending with the DOL - if the rules change whilst an application is processing, would recruitment need to start again from scratch or could you continue through to approval and then use that PERM to apply and file an I-140 based on the rules that existed when the PERM was filed with the DOL?
Appreciate that these questions are somewhat technical, but I'm concerned that I might somehow get the shaft if the rules change from under me in the next 6-9 months.
I'll be raising this with our attorney as soon as I can, but they aren't the best at responding to emails.
Are you generally grandfathered in e.g. will a receipted petition be adjudicated based on the rules that were in force when it was received by USCIS?
What about a PERM application that's filed and pending with the DOL - if the rules change whilst an application is processing, would recruitment need to start again from scratch or could you continue through to approval and then use that PERM to apply and file an I-140 based on the rules that existed when the PERM was filed with the DOL?
Appreciate that these questions are somewhat technical, but I'm concerned that I might somehow get the shaft if the rules change from under me in the next 6-9 months.
I'll be raising this with our attorney as soon as I can, but they aren't the best at responding to emails.
Last edited by capin; Jun 23rd 2020 at 6:37 pm.
#17
BE Forum Addict
Joined: Dec 2005
Location: Colorado Springs
Posts: 1,213
Re: H1 and L1 visas to be suspended by President.
Suspect you are largely OK as the "tool" that will used to strengthen the labour market test is the PERM and you are already approved.
#18
Re: H1 and L1 visas to be suspended by President.
Given the language around modifications to those seeking new EB-2 and EB-3 visas, what's likely to happen to those with applications that are receipted and in-flight whilst the administration goes through rule making for whatever it is that they want to do?
Are you generally grandfathered in e.g. will a receipted petition be adjudicated based on the rules that were in force when it was received by USCIS?
Are you generally grandfathered in e.g. will a receipted petition be adjudicated based on the rules that were in force when it was received by USCIS?
#19
BE Enthusiast
Joined: Mar 2017
Location: Austin, TX
Posts: 455
Re: H1 and L1 visas to be suspended by President.
Yes, we had a fairly generic email from our attorneys today saying that they are expecting changes down the line to the PERM and AOS processes.
#20
Forum Regular
Joined: Jan 2017
Location: Nottingham UK to Boston MA to Orlando FL
Posts: 185
Re: H1 and L1 visas to be suspended by President.
Given the language around modifications to those seeking new EB-2 and EB-3 visas, what's likely to happen to those with applications that are receipted and in-flight whilst the administration goes through rule making for whatever it is that they want to do?
Are you generally grandfathered in e.g. will a receipted petition be adjudicated based on the rules that were in force when it was received by USCIS?
What about a PERM application that's filed and pending with the DOL - if the rules change whilst an application is processing, would recruitment need to start again from scratch or could you continue through to approval and then use that PERM to apply and file an I-140 based on the rules that existed when the PERM was filed with the DOL?
Appreciate that these questions are somewhat technical, but I'm concerned that I might somehow get the shaft if the rules change from under me in the next 6-9 months.
I'll be raising this with our attorney as soon as I can, but they aren't the best at responding to emails.
Are you generally grandfathered in e.g. will a receipted petition be adjudicated based on the rules that were in force when it was received by USCIS?
What about a PERM application that's filed and pending with the DOL - if the rules change whilst an application is processing, would recruitment need to start again from scratch or could you continue through to approval and then use that PERM to apply and file an I-140 based on the rules that existed when the PERM was filed with the DOL?
Appreciate that these questions are somewhat technical, but I'm concerned that I might somehow get the shaft if the rules change from under me in the next 6-9 months.
I'll be raising this with our attorney as soon as I can, but they aren't the best at responding to emails.
#21
Forum Regular
Joined: Mar 2020
Location: Las Vegas, NV
Posts: 32
Re: H1 and L1 visas to be suspended by President.
I have been trying to understand my situation given the latest news too.
Some background information: I am currently in the UK with a Valid L1A visa which was stamped literally the day before the UK travel ban in March. I was due to be in the USA for my new role in early May. My husband did not get his L2 dependent visa issued, and was put in to administrative processing. We needed to send more information with regards to an arrest, which we emailed a few days before the travel ban. Since then we have not had any update from the visa office and have not expected to, until they resumed normal services.
My immigration lawyer has confirmed that as I have my visa already it is still valid. Although with the UK travel I would need to travel via Mexico, stay there for 14 days before entering the USA. Or wait until the UK travel ban is lifted.
What I have not had confirmed, yet, is whether they will still issue my husband's visa on the basis that I have a valid visa and that his application was received before the new rules?
Some background information: I am currently in the UK with a Valid L1A visa which was stamped literally the day before the UK travel ban in March. I was due to be in the USA for my new role in early May. My husband did not get his L2 dependent visa issued, and was put in to administrative processing. We needed to send more information with regards to an arrest, which we emailed a few days before the travel ban. Since then we have not had any update from the visa office and have not expected to, until they resumed normal services.
My immigration lawyer has confirmed that as I have my visa already it is still valid. Although with the UK travel I would need to travel via Mexico, stay there for 14 days before entering the USA. Or wait until the UK travel ban is lifted.
What I have not had confirmed, yet, is whether they will still issue my husband's visa on the basis that I have a valid visa and that his application was received before the new rules?
#22
BE Enthusiast
Joined: Jun 2016
Posts: 495
Re: H1 and L1 visas to be suspended by President.
I have been trying to understand my situation given the latest news too.
Some background information: I am currently in the UK with a Valid L1A visa which was stamped literally the day before the UK travel ban in March. I was due to be in the USA for my new role in early May. My husband did not get his L2 dependent visa issued, and was put in to administrative processing. We needed to send more information with regards to an arrest, which we emailed a few days before the travel ban. Since then we have not had any update from the visa office and have not expected to, until they resumed normal services.
My immigration lawyer has confirmed that as I have my visa already it is still valid. Although with the UK travel I would need to travel via Mexico, stay there for 14 days before entering the USA. Or wait until the UK travel ban is lifted.
What I have not had confirmed, yet, is whether they will still issue my husband's visa on the basis that I have a valid visa and that his application was received before the new rules?
Some background information: I am currently in the UK with a Valid L1A visa which was stamped literally the day before the UK travel ban in March. I was due to be in the USA for my new role in early May. My husband did not get his L2 dependent visa issued, and was put in to administrative processing. We needed to send more information with regards to an arrest, which we emailed a few days before the travel ban. Since then we have not had any update from the visa office and have not expected to, until they resumed normal services.
My immigration lawyer has confirmed that as I have my visa already it is still valid. Although with the UK travel I would need to travel via Mexico, stay there for 14 days before entering the USA. Or wait until the UK travel ban is lifted.
What I have not had confirmed, yet, is whether they will still issue my husband's visa on the basis that I have a valid visa and that his application was received before the new rules?
#23
Re: H1 and L1 visas to be suspended by President.
This is what I received via our company lawyers this morning.
- People that have received their visa stamp before June 23, 2020 will still be allowed to come to the US when the (coronavirus) travel ban lifts
- What about the people who are in the visa process and waiting for the Consulate to open in their home country? Do they have any chance of obtaining a Visa? They would be denied the opportunity to obtain a visa at least until the end of 2020.
- Will this ban affect people who are currently in the US? People who are currently on their assignment in the US should not be affected by this ban.
#24
BE Enthusiast
Joined: May 2019
Posts: 341
Re: H1 and L1 visas to be suspended by President.
I heard back from my employer's lawyers too, they said in summary:
-Anyone currently in the US is unaffected, you can leave and re-entry assuming your visa is still valid
-If you travel after the visa stamp has expired, you should be able to renew it at a consulate but they are awaiting more guidance on this from the Dept of State. They're not sure how this is being interpreted.
-They are generally recommending against all international travel at the moment if possible because:
- There may be more restrictions in the future
- There are other COVID-19 restrictions all around the world
- If you do travel, bring even more paperwork than normal to support your entry
-Anyone currently in the US is unaffected, you can leave and re-entry assuming your visa is still valid
-If you travel after the visa stamp has expired, you should be able to renew it at a consulate but they are awaiting more guidance on this from the Dept of State. They're not sure how this is being interpreted.
-They are generally recommending against all international travel at the moment if possible because:
- There may be more restrictions in the future
- There are other COVID-19 restrictions all around the world
- If you do travel, bring even more paperwork than normal to support your entry
#25
Auntie Fa
Joined: Nov 2006
Location: Seattle
Posts: 7,344
Re: H1 and L1 visas to be suspended by President.
We're on an E3 - Australia-specific 2 year visa, due to start the renewal process in September. Covid considerations aside, we've been advised not to travel.
#26
Forum Regular
Joined: Mar 2020
Location: Las Vegas, NV
Posts: 32
Re: H1 and L1 visas to be suspended by President.
This is what I received via our company lawyers this morning.
- People that have received their visa stamp before June 23, 2020 will still be allowed to come to the US when the (coronavirus) travel ban lifts
- What about the people who are in the visa process and waiting for the Consulate to open in their home country? Do they have any chance of obtaining a Visa? They would be denied the opportunity to obtain a visa at least until the end of 2020.
- Will this ban affect people who are currently in the US? People who are currently on their assignment in the US should not be affected by this ban.
Slightly awkward position for myself as I was literally in the middle of my move. My belongings are in storage, ready for shipping, my house now has tenants in, and I am in temp UK accommodation, initially waiting for the ban to be lifted.
I need to seriously consider that the move to the USA will not happen this year. Trump has actioned this order to increase jobs for Americans, in my case it will mean I just do it from the UK now. Which is fine, although less than ideal, as most of my team and people I work with are in US time zones (hence the move).
I do hope the ban is lifted.
#27
Forum Regular
Joined: Apr 2014
Posts: 99
Re: H1 and L1 visas to be suspended by President.
I have been notified the same. It will be interesting to see the outcome of the legal action taken. I have been told that the Federal courts MAY issue an injunction banning the executive order temporarily while the suit makes it through the court.
Slightly awkward position for myself as I was literally in the middle of my move. My belongings are in storage, ready for shipping, my house now has tenants in, and I am in temp UK accommodation, initially waiting for the ban to be lifted.
I need to seriously consider that the move to the USA will not happen this year. Trump has actioned this order to increase jobs for Americans, in my case it will mean I just do it from the UK now. Which is fine, although less than ideal, as most of my team and people I work with are in US time zones (hence the move).
I do hope the ban is lifted.
Slightly awkward position for myself as I was literally in the middle of my move. My belongings are in storage, ready for shipping, my house now has tenants in, and I am in temp UK accommodation, initially waiting for the ban to be lifted.
I need to seriously consider that the move to the USA will not happen this year. Trump has actioned this order to increase jobs for Americans, in my case it will mean I just do it from the UK now. Which is fine, although less than ideal, as most of my team and people I work with are in US time zones (hence the move).
I do hope the ban is lifted.
You may already know this but the clock does not start ticking on L until you enter the USA and time spent outside can be recaptured at the end.
#28
Re: H1 and L1 visas to be suspended by President.
I have been notified the same. It will be interesting to see the outcome of the legal action taken. I have been told that the Federal courts MAY issue an injunction banning the executive order temporarily while the suit makes it through the court.
Slightly awkward position for myself as I was literally in the middle of my move. My belongings are in storage, ready for shipping, my house now has tenants in, and I am in temp UK accommodation, initially waiting for the ban to be lifted.
I need to seriously consider that the move to the USA will not happen this year. Trump has actioned this order to increase jobs for Americans, in my case it will mean I just do it from the UK now. Which is fine, although less than ideal, as most of my team and people I work with are in US time zones (hence the move).
I do hope the ban is lifted.
Slightly awkward position for myself as I was literally in the middle of my move. My belongings are in storage, ready for shipping, my house now has tenants in, and I am in temp UK accommodation, initially waiting for the ban to be lifted.
I need to seriously consider that the move to the USA will not happen this year. Trump has actioned this order to increase jobs for Americans, in my case it will mean I just do it from the UK now. Which is fine, although less than ideal, as most of my team and people I work with are in US time zones (hence the move).
I do hope the ban is lifted.
If so, you can still come to the USA right now via 2 weeks in Mexico.
#29
Forum Regular
Joined: Mar 2020
Location: Las Vegas, NV
Posts: 32
Re: H1 and L1 visas to be suspended by President.
Ooo I did not know that, I assumed the time was lost, so that is definitely useful to know. If and when I do make it.
Last edited by Sell27; Jun 28th 2020 at 6:56 pm.
#30
Forum Regular
Joined: Mar 2020
Location: Las Vegas, NV
Posts: 32
Re: H1 and L1 visas to be suspended by President.
When the travel ban came in to affect we had to make a decision whether to continue with plans i.e whether to cancel my tenant and stay in our home or continue with the move, go into temp accommodation in UK whilst we wait for the travel ban to be lifted and visa offices to re-open. We went for the latter so we was 'ready' to leave and not have to go through the process of finding a new tenant etc and delay the move further. All options were discussed with my company too as certain costs had to be covered as a result. Given the situation with COVID, we were prepared to be in the UK until early winter time as we appreciated it could be months before the travel ban was lifted in combination with the visa offices opening to issue my husband's visa.
What we did not foresee what this order from DT banning these visa's completely. I had no issues waiting until December when we knew the visa would come eventually, but now we are dealing with the consequence that my hubby will not get his visa at all and therefore the move is very unlikely to happen at all now.
IF my husband some how does gets his, through some miracle, I am certainly not adversed to the idea of 2 weeks in mexico right now!