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H1 and L1 visas to be suspended by President.

H1 and L1 visas to be suspended by President.

Old Jun 23rd 2020, 6:33 pm
  #16  
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Default Re: H1 and L1 visas to be suspended by President.

Originally Posted by TexanScot View Post
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.
This has me a bit concerned too. I am past PERM, I140 approved, I485/I765 and I131 filed, Got our combo EAD/AP and responded back in May to an RFE for I693. I hope we are "grandfathered".


Last edited by capin; Jun 23rd 2020 at 6:37 pm.
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Old Jun 23rd 2020, 8:40 pm
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Default Re: H1 and L1 visas to be suspended by President.

Originally Posted by capin View Post
This has me a bit concerned too. I am past PERM, I140 approved, I485/I765 and I131 filed, Got our combo EAD/AP and responded back in May to an RFE for I693. I hope we are "grandfathered".
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.
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Old Jun 24th 2020, 9:47 am
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Default Re: H1 and L1 visas to be suspended by President.

Originally Posted by TexanScot View Post
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?
The wording further down the proclamation seems to say that even those in the US already on those visas may be at risk - "The Secretary of Labor shall, in consultation with the Secretary of Homeland Security, as soon as practicable, and consistent with applicable law, consider promulgating regulations or take other appropriate action to ensure that the presence in the United States of aliens who have been admitted or otherwise provided a benefit, or who are seeking admission or a benefit, pursuant to an EB-2 or EB-3 immigrant visa or an H-1B nonimmigrant visa does not disadvantage United States workers"

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Old Jun 24th 2020, 1:35 pm
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Default 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.
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Old Jun 24th 2020, 6:47 pm
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Default Re: H1 and L1 visas to be suspended by President.

Originally Posted by TexanScot View Post
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.
I was curious about this too as my attorneys have just filed my I-140 petition. They said that they don't expect this to impact my petition in any way since they had already received acknowledgement of receipt from USCIS prior to Trump's order.
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Old Jun 24th 2020, 9:41 pm
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Default 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?








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Old Jun 24th 2020, 11:36 pm
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Default Re: H1 and L1 visas to be suspended by President.

Originally Posted by Sell27 View Post
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?
I think you’re right to be concerned. It sounds like your husband doesn’t have a valid visa on the day of the proclamation as it hasn’t been issued yet. If that’s the case he would be subject to the ban.
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Old Jun 25th 2020, 4:55 pm
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Default Re: H1 and L1 visas to be suspended by President.

This is what I received via our company lawyers this morning.
  1. 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
  2. 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.
  3. 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.
Also that a legal challenge is being pursued by the tech companies.
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Old Jun 25th 2020, 4:59 pm
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Default 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
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Old Jun 25th 2020, 7:54 pm
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Default 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.
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Old Jun 28th 2020, 4:54 pm
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Default Re: H1 and L1 visas to be suspended by President.

Originally Posted by petitefrancaise View Post
This is what I received via our company lawyers this morning.
  1. 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
  2. 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.
  3. 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.
Also that a legal challenge is being pursued by the tech companies.
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.

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Old Jun 28th 2020, 5:01 pm
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Default Re: H1 and L1 visas to be suspended by President.

Originally Posted by Sell27 View Post
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.
As a fellow "L", I hope things work out for you but I fear that if DT wins the election, The ban will continue.

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.
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Old Jun 28th 2020, 5:21 pm
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Default Re: H1 and L1 visas to be suspended by President.

Originally Posted by Sell27 View Post
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.
surely you got your L visa stamp in your passport before reaching this stage of moving?
If so, you can still come to the USA right now via 2 weeks in Mexico.
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Old Jun 28th 2020, 6:39 pm
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Default Re: H1 and L1 visas to be suspended by President.

Originally Posted by capin View Post
As a fellow "L", I hope things work out for you but I fear that if DT wins the election, The ban will continue.

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.
Thank you. I have to admit I fear the same too.

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.
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Old Jun 28th 2020, 6:56 pm
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Default Re: H1 and L1 visas to be suspended by President.

Originally Posted by petitefrancaise View Post
surely you got your L visa stamp in your passport before reaching this stage of moving?
If so, you can still come to the USA right now via 2 weeks in Mexico.
Yes I have my stamp. The issue is my husband still needs his L2 dependent visa.

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!

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