A Virginia Reader Says Trump's H-1B Policy Is In The Hands Of The Deep State
December 02, 2018, 07:19 PM
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From: A Virginia Reader [Email him]

Here's what the Trump Administration (or the Deep State inside the Administration) is doing on legal immigration:

1) A bit of shuffling of the total H1-B Visa mix to favor higher level degrees (CNN link, much further below).  No change to the H1-B Visa annual 85,000 total.  Note an H1B Visa holder can stay in the USA for up to six years!   And check out this dandy little loophole to maximizes the H1-B Visa holder's employment time in the United States:

"First, only the time the worker spends in the U.S. in H-1B status counts towards the six years. Any time spent outside of the country does not count, even if the person leaves and reenters the U.S. with an H-1B visa.  For example, let’s say a Russian citizen has an H-1B visa that is valid from October 1, 2015 through September 30, 2018. From January 1, 2016 through April 1, 2016, the worker goes to Russia to visit family. Those three months away from the U.S. do not count towards the six-year maximum.  This concept is critically important because immigration law allows H-1B workers to “recapture” any lost time so as to take advantage of the full six-year maximum."

How Long an H-1B Worker Can Stay in the United States, By Kyle Knapp, Nolo.com


2)  And the infamous ruling on May 26, 2015 by the Obama administration to allow H4 Visa holders (the spouses of H1-B Visa holders) to work in the United States a clear violation of the H1-B Visa cap.  Reading how long it is taking the Trump administration to rescind the Obama administration's H4 Visa ruling (below) is perhaps one of the most frustrating things I have ever read.  To emphasize it was just a ruling, it could be revoked expeditiously I would imagine without this ongoing bureaucratic nightmare.  My guess is the "deep staters" in the USCIS do not really want to rescind the ruling and are stalling as long as they can.[H4 Visa EAD 2018 News – Lawsuit Status, Trump Administration Impact, by Saurabh, November 26, 2018\]

3) Finally, there's this from CNN:

"65,000 H-1B visas are granted annually, with another 20,000 reserved just for people who hold advanced degrees from US higher education institutions. Demand for the visa often exceeds the supply, triggering a lottery system.

The proposed rule would change the selection process so that all registrations — including those from people who are eligible for the advanced degree exemption — are applied to the regular cap of 65,000 first. After that, US Citizenship and Immigration Services would select from the remaining to fill the degree cap.

The agency says this new process could increase the number of H1-B holders who have advanced degrees by up to 16% — ensuring that "more of the best and brightest workers from around the world come to America" under the program, USCIS spokesman Michael Bars in a statement to CNN Business."[Trump administration proposes changes to popular H-1B program, by Sara Ashley O'Brien, CNN Business, November 30, 2018]