"Buy American products and hire American workers"
On April 7, 2065438, Trump signed the executive order "Buy American goods and hire American goods", promising to protect American workers' jobs, raise wages, create employment opportunities and increase the employment rate. This executive order greatly shows that the Trump administration will actively implement the immigration policy, especially on the work visa H1B.
The H 1B Special Occupation Visa is currently used for those who have at least a bachelor's degree and work in positions where American companies require a specific degree. Under the current H 1B visa system, 65,000 visa places will be released each fiscal year, of which 20,000 places will be reserved for graduate students with master's programs or higher degrees in the United States. "Professional post" is generally defined in a broad sense as an undergraduate degree based on at least education or educational practice. Due to the high demand for H 1B visas, all the related applications in the past few years have come from the US Citizenship &; Immigration) randomly choose the location. Every year, the number of people applying for H 1B visa is three times the actual number available, which makes employers and visa applicants very disappointed. Although some people criticize the current policy of H 1B, which allows foreigners to steal American jobs, many employers feel that H 1B is not generous enough for them to fill some vacant positions.
Although this executive order does not specify how the H 1B visa system will be reformed, rumors are flying everywhere. There are some discussions that people with higher education and experience will be restricted from obtaining H 1B visa, and those who apply for H 1B visa will also be required to have a minimum wage of 12000 or more. The application fee for H 1B visa will also increase at that time. Although the project H 1B has not been formally changed, the applicant can see that the application of H 1B is under more and more strict examination. In particular, those H 1B visa applications submitted for entry-level positions and low-paid positions need to submit evidence and ask employers to explain why this position belongs to a "professional position". At present, the definition of professional positions does not include detailed requirements for job grades and salary levels. For example, there are many ways to explain the fact that wages are at least "average". Although the increasingly strict review has been criticized by immigration legal groups and some commercial organizations because it is regarded as a rule without actual rules, the current trend can give us a glimpse of what the requirements of the future H 1B visa program are.
Pay increase bill
This bill, also known as the "Reform American Immigrants to Promote Strong Employment Act", was proposed by Trump and Senators Tom Cotton and David Perdue on August 2, 20 17. This bill will carry out the large-scale immigration policy reform promised by the Trump administration. The bill will not only make the number of immigrant visas reach140,000, which is half of the number of visas allowed in each fiscal year at present, but also transform the current procedure into a points system. Every fiscal year, there will also be a number of immigrant visa lottery for a limited number of immigrants from specific countries.
In the current immigrant visa system, one principle of visa distribution is based on family relationship and the other is based on work. Employers can apply for immigrant visas for employees who meet their own business. This process is very strict and will be subject to double review and evaluation by the US Department of Labor and the US Citizenship and Immigration Service. The points system is also a part of legal immigrants from Canada, Britain, Australia and New Zealand. According to the RAISE act, eligibility for immigration will be based on the points an individual has gained in a series of conditions, including youth, education level, fluency in English, job opportunities, outstanding achievements and willingness to invest in the United States. The points brought by job opportunities will be determined according to wages and will be measured by median household income.
It is worth noting that under the RAISE Act, immigration opportunities based on family relations have basically disappeared, and only spouses of American citizens and legal permanent residents and children under 18 are allowed to apply. Under the current system, an American citizen can only apply for one parent or sister, and parents who are already American citizens can apply for immigration for children of 2 1 or above. But all this will disappear under the Pay Increase Act.
In 2007 and 20 13, similar points immigration policies were introduced. Criticism of these two policies also applies to the Improvement Act, because the Improvement Act does not welcome family units and restricts citizens' rights by prohibiting them from applying for immigration for their next of kin. In addition, the Salary Increase Act benefits people with higher education and skilled workers, rather than middle-aged and elderly people with low skills and disadvantages. According to the RAISE Act, many people who need low-skilled jobs, such as agriculture, child care, food and beverage, elderly care, manufacturing and construction, will suffer more misfortune.
Entrepreneurial delay
The Obama administration supports a new visa program, the International Entrepreneur Regulations (IER), which is often called "entrepreneur visa" or "startup visa". IER is surrounded by many American Silicon Valley and other technology entrepreneurs. They regard this provision as an important step for the United States to continue to compete with China and European technology industries.
This regulation was put forward a year ago and is based on other projects formulated several years ago. The goal of IER is to lower the threshold for entrepreneurs to invest in the United States. This regulation requires applicants to have traceable records, at least $250,000 in capital sharing and plans to set up a commercial company less than five years ago. This commercial company must be in the "public interest" of the United States. Applicants who meet the above requirements will be eligible for parole to work in the United States. However, this identity avoids the long-term processing and recording of some non-immigrant visas, and is a more generous choice for those who don't want to be tied to a specific company.
The IER rule should have been implemented earlier this year. Although the official said it would only be postponed to March 20 18, there is still discussion about whether this regulation will be abolished.
Improve the strictness of visa application and tourists' entry examination.
The pending H 1B visa is not the only visa type that the US Citizenship and Immigration Service additionally examines. Employers and immigration applicants claim that USCIS requires additional evidence to be submitted in various types of applications, including non-immigrant L/KLOC-0 visas, applications based on transnational execution/management categories, outstanding talents and other job-based applications. Similarly, the purpose of the review is to understand the future trend of the new government's immigration policy.
2065438+On August 28th, 2007, the US Citizenship and Immigration Bureau announced that some applicants for permanent residence (green card applicants) would be interviewed. It is worth noting that those visa types based on job opportunities will be selected for interviews. This move will take effect on 1 October1day this year. This new policy violates the previous move of the US Citizenship and Immigration Service, which exempts most people who have applied for green cards from being interviewed by employers. It is not clear whether these applications being processed require interviews or only affect applications submitted after 20 17 10 1. However, it has become obvious that it will take more time to wait for the interview and finally complete the green card application process without greatly increasing the resources of the US Citizenship and Immigration Bureau.
Perhaps the most annoying thing is the in-depth investigation encountered by passengers when entering or re-entering, including those permanent residents who have held green cards for many years. Some behaviors related to American border inspection can be called abuse, which has led to many accusations against American border inspection. Although in the past, passengers were asked about their intentions when they entered the country, some people with non-immigrant work visas were prohibited from re-entering, even if they had no problems in the past. There are also reports that a valid visa has been refused entry. In addition, some legal green card holders were forced to give up their provinces of residence because the US border police thought that these people had stayed overseas for too long to be regarded as permanent residents. Passengers holding non-immigrant work visas need to carefully prepare a current work letter or the contact information of their employers for relevant inquiries. Legal green card holders should be prepared to answer why they stay in the United States. Although it is a bit scary to be questioned by the US Border Control Agency, passengers have the right to report to their superiors if the police act improperly.
The suspended repatriation plan for childhood immigrants will end.
2065438+On September 5th, 2007, the Trump administration indicated that the deferred repatriation project of DACA would end within six months. DACA is an administrative command created on 20 12. If unregistered immigrants are children when they go to the United States, they can avoid being sent back to China and get work authorization, benefiting nearly 80 thousand people. At present, there is no indication how the United States will deal with these beneficiaries once the plan is over, which has caused panic of large-scale repatriation. Many employers' and employees' groups are disappointed with this policy because they are the beneficiaries of DACA. In particular, the health outlook and the hospital industry will be affected by the end of DACA. Commercial companies are now faced with the problem of how to fill the vacancy caused by the departure of DACA employees.
Will the visa status under NAFTA still exist?
Although the future of the North American Free Trade Agreement (NAFTA) will have a great impact on many regions, there are still hidden concerns about the visa types tailored for it. Canadian and Mexican citizens can work in the United States as non-immigrant NAFTA occupations (hereinafter referred to as TN) if they can meet some specific jobs listed in NAFTA. These positions include engineers, accountants, nurses, scientists and other types of jobs. TN applicants must have a specific job opportunity that belongs to one of the listed job types and must have the qualifications required for a specific job in NAFTA. TN identity is a good choice for many employers and employees, because it can complete the relevant procedures quickly and efficiently, and the cost is lower than other visas. If NAFTA no longer exists, then TN identity will naturally disappear. Although NAFTA will be revised in some aspects, TN status is no longer an available option.
conclusion
Although there is no specific path to reform the American immigration policy, it can be said for sure that some changes will take place in the existing laws and policies. Employers should be prepared for these changes in the recruitment process and consider whether to apply for immigration for key employees. Visitors should also pay attention to the preparation for entry.
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