Home Immigration Lawyer State Department Rule All But Kills Ban on Foreign-Worker Admissions

State Department Rule All But Kills Ban on Foreign-Worker Admissions


No, ’tis not so deep as a well nor so extensive as a church-door, however ’tis sufficient, ’twill serve.

Romeo and Juliet

Like the wound suffered by Shakespeare’s Mercutio, the State Department’s August 12 ruling relating to exceptions to the just lately introduced ban on overseas employee admissions might be a deadly one (besides in a handful of instances). For an account of the sooner order, dated June 22, see here.

By my rely, the newly introduced exceptions will cowl eight completely different lessons of overseas employees under a myriad of various sorts of exceptions (or excuses) listed in seven pages of single-line textual content, which is 3,101 phrases lengthy.

According to an immigration lawyer, quoted by Law 360:

[T]he new exemptions will possible nonetheless hold entry-level hires blocked from coming into the U.S. on new visas, however will enable extra important and skilled workers to take jobs within the U.S.

“It feels like a real unraveling of the proclamation,” she mentioned. “I think this looks like the government bending to pressure from the private sector.”

My colleague John Miano, additionally a lawyer, makes a broader assertion: “If you go through them you will find that everyone is exempted.”

The lessons of overseas employees excepted, under a wide range of completely different circumstances, embrace H-1B (“highly skilled” employees), H-2B (non expert, non-ag employees), H-4 (spouses, normally, of H-1Bs), J-1 (alternate college students and students), J-2 (the latter’s spouses and youngsters), L-1A and L-1B (workers of multi-national companies), and L-2 (their spouses and youngsters). H-2A farmworkers had been exempted under earlier rulings.

Every certainly one of these aliens is entitled to work within the United States as soon as they safe the wanted visa.

The circumstances under which a waiver could be granted (by a U.S. consular officers) embrace:

  • Those “seeking to resume ongoing employment in the United States in the same position with the same employer and visa classification”;
  • Individuals “whose travel would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees”; and
  • “National interest exceptions … for those who will accompany or follow to join a principal applicant who is a spouse or parent and who has been granted a national interest exception to P.P. 10052.”

None of those exceptions are wanted by overseas employees already within the nation, simply these on the skin searching for to return or to take up new jobs.

So what do now we have left of the sooner order? It would seem that some new hires amongst overseas employees who’re presently exterior of the nation is not going to get visas. Those coming back from overseas must get permission from our already overworked consular officers, which is able to imply delayed returns for some to many. Then there may be an anomaly within the State Department’s new coverage assertion — I didn’t see any provision for granting renewed visas to F visa holders who’ve these backed Optional Practical Training jobs. Most in all probability should not overseas and don’t want them.

And, after all, that is one other indication that the Trump administration appears to not need to inconvenience the non-public sector by severely decreasing the overseas employee number living.


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