During the last year, 2017 was a much-harried year for the immigration in the United States. From the drama of DACA (Deferred Action for Childhood Arrivals) to travel ban, this presented the new administration in initiating profound shifts in the policy and standards in terms of immigration. The presidential executive order named BAHA (Buy American and Hire American)is most probably has a significant impact on the employer-sponsored immigration.
The executive order states goals in terms of higher employment rates, wages, and protect economic interests based on the laws administering the US entry of international workers. In 2018, the phasing-out of TPS (Temporary Protected Status) change the policy in terms of green card applicants in H-1B extensions and other issues.
The regulated process of immigration
As the announcement and regulation of the executive order BAHA (Buy American and Hire American), this has been shown to have a significant effect on the increased scrutiny in terms of visa applications and immigration petitions. The USCIS (the United States Citizenship and Immigration Service)has expected to have changes in processing issue RFEs (Request for Evidence)that could challenge the H-1B entry level petitions.
With these facts, employers must expect for these following changes and be prepared for it:
- Delay in visa applications
Due to the mandated executive order BAHA, it could portray different challenges in the United States Consulates and Embassies. These could impact the non-immigrant visa applications or petitions like H-1B, E, and L. This is due to the increased vetting and administrative processing.
As mentioned earlier, RFEs could affect the non-immigrant visa applications because of the approved BAHA executive order.
- AOS Interviews
For employment-based adjustment in the application of AOS form I-485, in-person interviews are now mandatory.
H-1B adjudication changes
The reformation and restriction of the H-1B program or more specifically in BAHA executive order are made by the new administration. The changes state that all the H-1B visas are awarded to the beneficiaries that are highest-paid in terms of petitions and most-skilled individuals.
Employers could expect these following in the immigration in 2018:
Employee to employer relationship
In the USCIS, it is expected that they could conduct interviews to know the employee to employer relationship in terms of H-1B adjudications or petitions.
As mentioned earlier, further scrutiny of the petitions of H-1B will be associated with a specialty occupation. The challenges could be present at the entry level on roles of H-1B occupations.
The DHS (Department of Homeland Security) has announced a public regulatory notice which restricts and rescind the EAD work authorization eligibility for H-1B non-immigrant’s spouses who are dependent on H-4 petitions. Additionally if they are in advance stages in green card process.
Entrepreneur parole program
The IER (International Entrepreneur Rule) was first published on the recent administration and gain its effectiveness on July of 2017. However, the new administration has delayed its effective date and changed into March 14th of 2018. This is because the current administration is deciding whether to eliminate or reform the program.
Under the IER, Domestic Homeland Security can award and authorize work and stay with any entrepreneurs internationally. They could demonstrate such as having a central role in the start-up business, possess an ownership interest that I substantial for a rapid job creation and growth.
The current administration protects no secret in terms of immigration enforcement and compliance. Recently it has been announced that the investigative arm and H.S.I. (Homeland Security Investigations) has increased in workplace probes for about 4 or 5 times. The different organizations have reported the immigration sweep of DHS plans in some states in America.
Many legal immigration consultancy is now helping people to process their visa applications in order to meet up the different changes and new policies in immigration scene.
There are several more factors that are gravely affecting the immigration. You can read more here. All in all, these fact and immigration politics and changes made by the new administration plays an important role in reforming and restricting different policies and standards in terms of worldwide immigration.