New Trump Immigration Order Flies in the Face of Common Sense

Obviously it’s an understatement to say that the new Trump order stinks. Temporarily suspending the H1B visa, and other work visas makes no sense, by ignoring the US need for workers in healthcare, schools, camps, technology, and so many other industries especially during Covid. 

The mythological argument that immigrants steal jobs is older than America itself.

Who does the new immigration suspension affect?

Trump blocked visas for a wide variety of jobs, including:

  • computer programmers and other skilled workers (H-1B)
  • seasonal workers in the hospitality industry (H-2B)
  • students on work-study summer programs (J-1)
  • au pairs (also J-1)
  • it restricts the ability of US companies with global operations and international companies with U.S. branches to transfer foreign executives and other employees to the United States (L-1)
  • THIS IS TEMPORARY — US EMBASSIES ARE FAR FROM OPERATING AT NORMAL ANYWAY — “This proclamation shall expire on December 31, 2020, and may be continued as necessary.”

MEANWHILE, the new Trump order will be fought in court, and hopefully turned around just as DACA was a brand new victory.

We all know that foreign workers stepped up during the pandemic, and are essential to the fabric of the United States. 

While we await imminent litigation of this new order from Trump, these are areas of immigration that are still processing regularly

1) Marriage Based Immigration
This one has been going throughout the lockdown. An excellent time to get your green card via marriage. This includes same sex marriage. 

2) U visas for victims of violence

3. Work visas such as E,   O,  and  TN

4) DACA

Another massive piece of good news! The Supreme Court blocked Trump’s push to close down this area of Immigration that is available to dreamers.

5) Citizenship & Naturalization

6) 601/ 601A /I212 waivers

7) Violence Against Women (VAWA)

8) Crimmigration: appeals, mandamus, habeas corpus, all detention & removal defense

9) Green cards through employment as allowed

10) Green cards for asylees

11) 751 petitions to remove conditions of conditional residence

12) K visas

 

So as you can see, there are still many avenues available for those who wish to remain, and work or study in the United States. If you have any questions we are here to help answer them.

Written by: Harlan York

Immigration Attorney Harlan York is Former Chair, Immigration Section, NJ State Bar Association and Former Co-Chair, NY State Bar Association CFLS Immigration Committee. Mr. York appeared on National Television on CBS This Morning with Charlie Rose and Primer Impacto on Univision, as well as Telemundo, NBC, and PBS. He was honored as First Ever Immigration Lawyer of The Year in NJ by Best Lawyers.

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