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H1 and L1 visas to be suspended by President.

H1 and L1 visas to be suspended by President.

Old Jun 21st 2020, 10:04 am
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Default H1 and L1 visas to be suspended by President.

https://www.npr.org/2020/06/20/88124...il-end-of-year

Trump is going after all temporary visas according to this report. I’m not sure where we are in the H1 process for this year though — did we hit a quota already?

“The order would target H-1B visas, which are designed for certain skilled workers such as those employed in the tech industry, as well as L-1 visas, which are meant for executives who work for large corporations.

The executive action is also expected to suspend H-2B visas for seasonal workers such as hotel and construction staff; J-1 visas, which are meant for research scholars and professors and other cultural and work-exchange programs. Trump could renew the suspensions when they lapse. The order is not expected to immediately affect anyone already in the United States.”

Last edited by penguinsix; Jun 21st 2020 at 11:16 am.
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Old Jun 21st 2020, 2:18 pm
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Default Re: H1 and L1 visas to be suspended by President.

Originally Posted by penguinsix View Post
https://www.npr.org/2020/06/20/88124...il-end-of-year

Trump is going after all temporary visas according to this report. I’m not sure where we are in the H1 process for this year though — did we hit a quota already?

“The order would target H-1B visas, which are designed for certain skilled workers such as those employed in the tech industry, as well as L-1 visas, which are meant for executives who work for large corporations.

The executive action is also expected to suspend H-2B visas for seasonal workers such as hotel and construction staff; J-1 visas, which are meant for research scholars and professors and other cultural and work-exchange programs. Trump could renew the suspensions when they lapse. The order is not expected to immediately affect anyone already in the United States.”
we've been mentioning this in the immigration forum for a couple of weeks now. Still no executive order issued though but it is expected today or tomorrow since the current EO expires today. Can't imagine the tech companies are happy with this at all, not to mention it won't actually help unemployment figures at all. Pure stupid politicking.
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Old Jun 21st 2020, 2:24 pm
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Default Re: H1 and L1 visas to be suspended by President.

Appealing to the MAGA base, nothing more.
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Old Jun 21st 2020, 11:39 pm
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Default Re: H1 and L1 visas to be suspended by President.

Idiotic. The chickens will come home to roost with this. The last thing we need to be doing is exporting these jobs overseas.
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Old Jun 22nd 2020, 9:02 pm
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Default Re: H1 and L1 visas to be suspended by President.

Media reporting that the EO will be signed tonight, also the reports mention a ban on entry which indicates that it will impact current visa holders who are outside of the US right now.
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Old Jun 22nd 2020, 9:33 pm
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Default Re: H1 and L1 visas to be suspended by President.

This may work with the H1b’s to some extent if they can find USC/PR who were laid off and willing to work for the lower rates paid in the short to medium term. But I see the logic for the L1a and L1b’s less. Since many of these types of employer have had staff WFH for months now I would think this would be more likely to incentivize these employers to offshore these roles... meaning no new US jobs and a loss of local spending and employer/employee tax revenue. This will also hit other industries... immigration lawyers being one...
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Old Jun 22nd 2020, 9:53 pm
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Default Re: H1 and L1 visas to be suspended by President.

Text of EO is out: https://www.whitehouse.gov/president...mzJO92NB6CiJAw

Seems to make exception for those already in the US to leave and come back, but I'm no lawyer.

Edit: missed the *not* in (iii)

Sec. 3. Scope of Suspension and Limitation on Entry. (a) The suspension and limitation on entry pursuant to section 2 of this proclamation shall apply only to any alien who:

(i) is outside the United States on the effective date of this proclamation;

(ii) does not have a nonimmigrant visa that is valid on the effective date of this proclamation; and

(iii) does not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.
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Old Jun 22nd 2020, 10:53 pm
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Default Re: H1 and L1 visas to be suspended by President.

Originally Posted by postbox134 View Post
Text of EO is out: https://www.whitehouse.gov/president...mzJO92NB6CiJAw

Seems to make exception for those already in the US to leave and come back, but I'm no lawyer.

Edit: missed the *not* in (iii)
Huh, looks like academics may be safe on the J-1:

a J visa, to the extent the alien is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any alien accompanying or following to join such alien
There is no "visiting scholar" on that list. Of course, more senior faculty hires will be screwed by the H-1B problem (and it would have been so easy to exclude cap-exempt positions...)



I also have to add that the wording made me want to puke. Is this how the orange one always "communicates"? Blech.
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Old Jun 22nd 2020, 11:34 pm
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Default Re: H1 and L1 visas to be suspended by President.

Originally Posted by postbox134 View Post
Text of EO is out: https://www.whitehouse.gov/president...mzJO92NB6CiJAw

Seems to make exception for those already in the US to leave and come back, but I'm no lawyer.

Edit: missed the *not* in (iii)
I think you were right the first time. I believe this does provide an exception for people with currently valid visas who are already in the US.
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Old Jun 22nd 2020, 11:46 pm
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Default Re: H1 and L1 visas to be suspended by President.

Originally Posted by civilservant View Post
Appealing to the MAGA base, nothing more.
Only in so much as those that bother to try their hand at reading will get as far as 'NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States' before jizzing in their pants and thus get no further, thereby missing the bit they detest most, ie the exclusion of 'any alien seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain'
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Old Jun 23rd 2020, 12:36 am
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Default Re: H1 and L1 visas to be suspended by President.

After reading the EO I could not tell if a L visa renewal for someone in the country today would be affected.
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Old Jun 23rd 2020, 12:37 am
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Default Re: H1 and L1 visas to be suspended by President.

Hmm yes, I find the wording very confusing but it seems to be saying it applies to:

- anyone outside the US on Wednesday
- anyone who doesn't currently have a valid visa OR advance parole etc.

I'll have to ask the lawyers who did my L1 tomorrow, I'm not qualified to understand this.

What I really want to know is if someone who is in valid status now with a valid visa could leave and come back?
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Old Jun 23rd 2020, 1:28 am
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Default Re: H1 and L1 visas to be suspended by President.

Fragomen have done a good job explaining it.
https://www.fragomen.com/insights/al...inning-june-24
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Old Jun 23rd 2020, 2:06 am
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Default Re: H1 and L1 visas to be suspended by President.

Originally Posted by postbox134 View Post
Hmm yes, I find the wording very confusing but it seems to be saying it applies to:

- anyone outside the US on Wednesday
- anyone who doesn't currently have a valid visa OR advance parole etc.

I'll have to ask the lawyers who did my L1 tomorrow, I'm not qualified to understand this.

What I really want to know is if someone who is in valid status now with a valid visa could leave and come back?
It looks like yes, although still considering the existing COVID travel restrictions.
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Old Jun 23rd 2020, 6:30 pm
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Default 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.
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