Changes being made to H1B visa Rules by the Trump Administration - How they affect your prospects in Matrimony?! Newsletter for the week ending March 11, 2017 from www.ads4matri.com
Dear Parents of Brides and Grooms Living the World Over:
My last weekend newsletter focused on how President Trumps impending actions regarding his recent pronouncements over protection of American jobs and his proposed changes to be made to current existing rules on H1B visas could affect those coming to the U.S. and/or living in the U.S. on Student (F1). OPT, and H1B visas. This week, we have learned about two of his important moves on H1B visas:
An Executive Order has been issued by President Trump to halt/suspend the “expedited” processing of H1B visas (through a lottery system) effective April 3, 2017, with a "premium processing" option, at a cost of $1,225.00, which in the past, ensured that all applications will be reviewed within 15 days, through a lottery system and a decision conveyed to beneficiaries (successful applicants) in the lottery. The Trump administration says its doing away with quick-turn processing so it can sort through a large backlog of applications and try to "reduce overall H-1B processing times. It can take up to six months or longer for an application to be reviewed and a decision made on approval or rejection. Expect more clarifications and delaying “tactics” to come about in this regard later.
1. What does “halting/suspension” of expedited processing of H1B visas through a lottery system mean for your son or daughter in the U.S.?” or India?! Let us analyze each situation of:
a) Those who graduated in May 2016 - December 2016 period, their applications for H1B can still be submitted to USCIS, however, their fate will NOT be adjudicated at least for another six months, if not longer, at least until end-September, 2017 or later; this means, they can continue to hang out in the U.S. on their OPT, working, expending their valuable time on OPT visas, into which they may have transitioned, upon graduation.
b) Those who applied for H1B in the preceding year, 2015 and were not successful in the lottery during earlier years (including last year 2016), hoping to have a “last shot” at it, this year, (could still apply by April 3, 2017) but if they do not get a response by Sept 30, 2017 and if their OPTs may have expired by then, they will have to move on to return to India for good or seek employment opportunities in other countries – if they want to keep their legal option open to return to the U.S. at some point in the future, without causing a violation of U.S. visa rules.
c) those who applied for H1B in the preceding year, 2016 and did not get picked in 2016 lottery, they could still apply for a H1B in 2017, however, their fate will not be known until at least 30 Sept 2017, if not longer; if, in the meantime, if their OPT validity expires, they may have to return to India for good or go to other countries, – if they want to keep their legal option open to return to the U.S. at some point in the future, without causing a violation of U.S. visa rules.
d) for others, whose employers would be filing for a H1B by 3 April 2017, it means waiting in the U.S. or at the other end (in India) until they learn about the fate of their H1B application, until at least the end of the year (2017).
e) for students who are about to graduate, in May this year, (2017), an option would be to push their graduation into December, 2017; another OPTION might be to roll over into a PhD program by another few years, hanging onto their F1 status, until things become clear in 2018; but then, this could increase your financial burden, funding your higher education in the U.S. for another 2-3 years, which can be substantial.
f) for those who are planning to come to the U.S. as a student in Fall 2017, I want to tell you that your parents are facing an enormous “risk” with a financial investment (co-signing onto your Bank loan with a collateral) in your higher education loan in the U.S., so you must use caution and discretion in such a venture. Gone are the “certain times” when you could come to the U.S. as a student, graduate, move onto OPT, then onto a H1B with a well-paying job, for 3-6 years, within which you could repay your educational loan, take on an “investment” with buying a house (flat) property in India with an EMI commitment. Now your coming to the U.S., for higher education comes with potential risks, (what if I am not allowed to work, upon graduation, etc ?!), that you must evaluate before coming to the U.S. as a student and weigh in on your financial commitments. OPPORTUNITIES TO COME TO THE U.S. FOR HIGHER EDUCATION, NOW COME WITH A RISK! As they have always been in “real life”! But then I might add, “Nothing Ventured, Nothing Gained!”
IN SEEKING MATRIMONY TO THOSE ON F1. OPT, H1B, and OTHER VISAS, PERMANENT RESIDENTS (GREEN CARD HOLDERS) and U.S. CITIZENS WILL NOW BE MORE CAREFUL! AND WILL FIND IT DIFFICULT TO EMBRACE ALL OF THEM IN MATRIMONY, AS BEFORE, BECAUSE OF UNCERTAINTIES THEY FACE, RE; THEIR CONTINUED AND INDEFINITE STAY IN THE U.S.A.,TO GET THEIR FILING AND STATUS ADJUSTMENT DONE WITHIN THE REQUIRED PERIOD, BEFORE THEIR VISAS EXPIRED!
2. US moves to ease (squeeze) H-1B spouses UNDER H4 from jobs - Trump Administration is in the process of overturning a move that the Obama Administration put into effect by an Executive Order in May 2015, as follows: In May 2015 USCIS (Obama Administration) issued a notification authorizing "certain eligible" workers who are on a H1B Status in the United States, whose spouses are on H4, can seek gainful employment and work in the U.S., legally. Eligible H-4 dependent spouses of H-1B non-immigrant workers who can seek gainful employment are those who:
(a) are the principal beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker with an H1B transitioning into a Green Card. In other words, the H1B worker must have submitted Form I-140 which has been approved (meaning he is in a status, transitioning from a H1B into a Green Card); or, (b) those on H1B and who have been granted extended, indefinite stay beyond the 6 year maximum period (two terms of 3 years each under H1B), under sections 106 (a) and;
(b) of the American Competitiveness in the Twenty-first Century Act of 2000, transitioning from H1B ~ Green Card are also eligible to apply to work legally in the U.S.
So a bride from India (Singapore or Middle East) getting married to one of the above two eligible prospects (meaning, under H1B transitioning into Green Card), and having necessary technical (advanced) qualifications, would be eligible to seek work legally in the U.S., upon her arrival here. She will probably still come to the U.S. from India under a H4 status, after her marriage, and will have to apply for a H1B status (to work legally), as do all other spouses living in the U.S., once in the U.S., with all necessary documentation, such as employment offer, and other pertinent papers. She thus gets the H1B visa by virtue of her marriage to the above two (2) categories of H1B-GC visa holders, can live and work in the U.S., until she and her husband gets a Green Card - NOT ONLY THAT, they both can relocate in matrimony, to other locations within the U.S. easily, if they find better paying jobs.
It has now come to light that the Trump administration Department of Justice (DOJ) has filed a brief in the Washington DC Court of Appeals seeking a 60-day freeze in a case involving employment authorization for H-4 visa-holders, who are primarily dependent spouses of H-1B visa-holders.
Since Obama Administration action was through use of an Executive Order (not a piece of legislation enacted by the Congress), written and passed as a Law, the Trump Administration Executive Orders can be changed and supersede the previous Administration Orders.
I would caution brides from, U.S.A., India (Singapore, Middle East) and from other countries considering marrying those on H1B transitioning into Green Cards as:
(a) they may not be legally permitted to work in the U.S., by any change in Executive Orders to be issued to by President Trump overturning Obama Administration Executive Orders and;
(b) possibly the eligibility by the spouse to get a Green Card rules might be overturned by President Trump Executive Orders that may be forthcoming; it is unclear how the rules might impact those who are currently working, married unto those under H1B-GC status or those whose marriages have already been concluded previously under Obama Administration rules. LOTS OF CONFUSION PREVAILS!
DISCLAIMER: In the U.S. only a practicing Immigration Attorney can give advice on immigration matters; I am not a qualified and practicing Immigration attorney, thus cannot give specific advice on immigration matters! What has been discussed above, by way of sharing immigration information, is based on broad general guidelines obtaining (only) in public domain and may not apply to specific individual cases, in unique situations, and special circumstances - you should, therefore, contact an Immigration Attorney for your specifics.
Yet both Canada and Australia and NZ seem to be "safe havens" for brides seeking matrimony to migrate to those countries as they are handing out Permanent Resident status to those arriving in matrimony, getting married to a bridegroom with PR Status and/or with a Citizenship in those countries, ready to begin work, upon arrival! There are many prospective brides and grooms in our Initiative seeking matrimony from Canada, Australia and NZ!
www.ads4matri.com offers a networking opportunity to all parents receiving this newsletter, seeking matrimony for their wards ~ we are your matrimonial exchange bureau, providing you with leads of brides and grooms, whose parents, just like you, are seeking matrimony for their sons and daughters. Subscribing Parents registered with us can connect with other Parents by obtaining their contact information through www.ads4matri.com. Because so many NRI Parents located in remote parts of the world are unable to handle all of this by themselves, we have enlarged the scope of our services tailor-made to your special needs and requirements.