Presidential EO Prediction

[CH_Desi]

Prediction by a Immigration Lawyer - Jack C Sung 

Jack's Prediction for Trump's new (additional measures) executive order for impact on H-1b and OPT.

Background:

Trump issued proclamation suspending immigrant visa issuance for 60 days on April 22, 2020. Section 6 of the proclamation states that additional measures shall be imposed. This additional measure section prompted widespread fear that H-1b and OPT may be suspended as well. This fear is heightened by letters from Congressmen to Trump suggesting suspension of H-1b and OPT to help with COVID-19 job market recovery.

Applicable Law:

Immigration & Nationality Act Section 212(f) - ("authorizes the President to suspend the entry of all aliens or any class of aliens whose entry he finds would be detrimental to the interests of the United States.")

Trump v. Hawaii (Supreme Court)

In Trump v. Hawaii (2018), the Supreme Court held that the breadth of the restrictions on nationals of seven countries contained in the third iteration of Trump's "Travel Ban" did not exceed the President's authority under Section 212(f). The majority stated that Section 212(f) "exudes deference to the President" and grants him extremely broad power to impose entry restrictions

Historical applications

Before Trump, each United States president have invoked Section 212(f) at least once since Reagan. Invocation have become more frequent in recent administrations, particularly during the Trump Administration. (see this link for all invocation of Section 212(f) by US presdients.

https://crsreports.congress.gov/product/pdf/LSB/LSB10458

Trump's 2019 proclamation requiring immigrants to secure health insurance before entering the United States are currently stopped by Federal court awaiting litigation; meanwhile, the order against "public charge" is allowed to be implemented pending appeal.

Jack's Prediction

It is likely that the additional measures imposed by Trump may temporarily halt the entry of H-1b and F-1 visa (OPT) holders who are currently outside the United States and are returning for employment. Section 212(f) allows Trumps to deny entry of aliens, and given the precedent from Trump v. Hawaii, this type of restriction will likely be immune from legal challenge.

It is unlikely for Trump to halt H-1b and OPT approval by Department of Homeland Security because Section 212(f) does not grant the president power to deny approval of these nonimmigrant benefits because they do not concern an entry into the United States. If Trump's additional measure seeks to halt H-1b or OPT approval within the United States, such measures are likely to be stopped by Federal Court. It is unclear, however, whether courts will allow the policy to go into effect while the matter is litigated. If the court strikes down the order but allow it to go into effect pending appeal, chaos and irreparable harm will befall H-1b beneficiary and OPT applicants for several months. This is the worst case scenario.

Recommendation to clients

1. If you are in possession of an F-1 visa or H-1b visa and you have employment in the United States, return to the United States as soon as possible, or be prepared to be kept out for more than 6 months to a year.

2. For H-1b cap-subject cases, file your H-1b petitions as soon as possible to avoid collusion with the new policy.

3. Keep your ears to the ground for any changes in the policy and the detail of the additional measures as soon as they are implemented.

 

TL; DR  H1B  and F-1 OPT holders outside the US might be not be able to enter the US for next 6 months to a year. Any measures for H1B or OPT holders within US might not hold in court.

[Anta Assamey]

30 Days lo cheptamu ani annadu kada first lo .... Ayyinda 30 days .. 

[raaajaaa]

fb lo h1b&h4 group lo pettadu anukunta kada kaka  

[CH_Desi]

Just now, raaajaaa said:

fb lo h1b&h4 group lo pettadu anukunta kada kaka  

Yes F1 Visa, OPT, STEM OPT, H1B Visa & H4 Visa group lo pettadu. Sharing the same thing.

[CH_Desi]

3 minutes ago, Anta Assamey said:

30 Days lo cheptamu ani annadu kada first lo .... Ayyinda 30 days .. 

Avvaledu, ee May 24th ki avutayi 30 days. Idi just prediction. 

[RunRaajaRun123]

it is expected, only people who are outside are effected,

people inside country usually are safe to federal courts intervention if anything is restricted to them

[Anta Assamey]

4 minutes ago, CH_Desi said:

Avvaledu, ee May 24th ki avutayi 30 days. Idi just prediction. 

10 more days anamata.., 

[nightkalalu]

We have kushner

[kothavani]

Ante extensor transfers will have impact? Bro @CH_Desi

[dasara_bullodu1]

wait a month everything will go back to normal

[veeraveeraleaks]

Tech lobby tho deal inka set avvaledha @Repo

[veeraveeraleaks]

Ginsonti leaks shana chusinammmmm. atttttt

[CH_Desi]

Just now, veeraveeraleaks said:

Ginsonti leaks shana chusinammmmm. atttttt

Leak kaadu, just a prediction of the possibility by a immigration lawyer. 

[CH_Desi]

3 minutes ago, kothavani said:

Ante extensor transfers will have impact? Bro @CH_Desi

That's what it looks like as per this lawyer's prediction. But final EO vachchevaraku we never know.

[veeraveeraleaks]

Just now, CH_Desi said:

That's what it looks like as per this lawyer's prediction. But final EO vachchevaraku we never know.

Once Kushnerrrrr enters war one side le bro. Ivannni silli issues. 

Only goosebumps ki paniki vasthayi