We are facing very troubling times and it seems all we see is a world full of hatred and uncertainty about the future. I think we are all ready for some peace.
Two weeks ago, we had some good news with the Supreme Court decision upholding DACA for Dreamers – young immigrants brought to the US by their parents and who have now grown up as Americans but with no clear immigration status.
The next thing we saw was the USCIS (the very agency who is supposed to adjudicate these immigration benefits) issue a very disturbing statement that the Supreme Court decision has no basis in law and that these DACA kids are nothing but illegal aliens who are stealing American jobs.
Last week, another extremely frustrating – but not unexpected – development happened in our immigration world. President Trump issued a new Executive Order barring entry to the United States of various nonimmigrant visa categories, including H-1B specialty occupation workers, H-2B temporary workers, L-1A and L-1B multinational manager/executive and specialized knowledge intracompany transferees, and J-1 exchange visitors coming as interns, trainees, teachers, camp counselors, au pairs, or on the summer work travel program. He is also limiting the entry of dependents of individuals holding these visa types.
Further, he extended the previous executive order ban limiting the entry of various employment-based and family-based immigrants from entry to the U.S.
This new order will continue through the end of the year and there is a possibility that it may be extended.
This is a short summary, but I suggest you read the text of the order and consult with our firm or another immigration attorney.
This order should not affect:
1- those in the United States,
2- those outside the United States with a valid visa in their passports, or
3- those outside the United States with another travel document valid on the date of this proclamation.
The best advice for those nonimmigrants in the U.S. would be to avoid international travel. If you fall into another category or your situation is not clear, please contact us.
The order should not affect:
1- any lawful permanent resident of the United States,
2- any alien who is the spouse or child of a U.S. citizen, and
3- any alien seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain; and
4- any alien whose entry would be in the national interest.
The order restricts the entry of these immigrants because they pose a purported unusual threat to the employment of US workers.
I just got off the phone with our client who is a high-skilled and experienced biomechanical engineer working in the medical industry developing cutting-edge technology that will save lives. His wife travelled back home for a visit with their U.S. citizen infant and she has been unable to return due to Covid-19 travel restrictions. This order seemingly prevents this family from being reunited even though the spouse abroad has no plans to work in the United States.
This is just one example, but there will be a significant detriment to families and employers that would seem to outweigh the benefits of this order.
It feels like our country has never been more divided with each side on the immigration issue digging their heels in, spewing hatred, taking away the humanity of people who just happen to be born in another country. At Garvish Immigration Law Group, we look at things differently. We do not come from a place of fear or lack, but a place of love, abundance, creativity and innovation. We value the unique contributions of immigrants and will fight for these employers, families and the U.S. citizens affected by these restrictive policies.
We understand there is uncertainty out there. Our promise to you is a three-pronged approach:
1. Monitor the situation closely.
2. Check in with clients often.
3. Pivot, if needed. We are ready to be creative and find a solution and go to Plan B or Plan C, if necessary.
We are here to fight for America and the tradition of the best and the brightest immigrants coming to live and work amongst us. We are here to fight for humanity, love, and family. We are all human beings, and no amount of bars, bans, and hateful name-calling will change that. We are creating a better America one immigrant at a time and we take this calling very seriously. Please reach out to us. We are here for you.