Washington, D.C. In light of incoming Trump Administration on January 20, 205, there is some degree of uncertainty and likely abrupt changes in immigration policies or executive actions which may affect entry into the U.S. While some of these concerns are over exaggerated but from the past experience from prior Trump Administration, there is some likelihood of presidential executive actions affecting travel from certain countries of origin, temporary travel restrictions, immigration enforcement and surge in removals of individuals who are ordered to be removed by immigration courts. It is too early tell what kinds of executive actions the administration may take, but one could side of caution especially when travelling abroad an international student or foreign worker.
Some general tips and immigration strategy:
📌 When travelling abroad make sure to hold or obtain a valid U.S. visa so that you can return without visa processing delay.
📌 Before you make any international travel plan, make sure you apply for renewal of the visa well in advance to secure a visa or drop-off appointment.
📌 Third-country visa application is generally accepted but be prepared to return to your own home country just in case.
📌 In case of potential loss of job, make sure your current employer gives you a longer grace period while remaining on payroll so that you can transfer H-1B or transfer during 60 days period. Be mindful that it could take 10-15 days just to prepare and file Labor Condition Application (LCA) and H-1B.
📌 In case of potential job loss or an end of H-1B, one could seek “authorization to stay lawfully” and seek an EAD card based on approved I-140 and the compelling circumstances.
📌 One could also seek EB-2 NIW, EB-1A, O-1A (O-1A can be filed by agent, Adhikari Law PLLC can also act as an agent of employee/beneficiary) for the future or to seek EAD based on compelling circumstaces after I-140 is approved.
📌 Seek H-4, L-2, F-2, J-2, B-2, etc. in case principal visa option is no longer available or applicable.
📌 In case of a loss of job and the H-1B, one could seek F-1 status or F-1 status with a Curricular Practical Training (CPT) if the degree program requires a participation in CPT program based on established curriculum.
📌 One could also seek B-2 tourist/family visit visa status to bridge the gap between one status to other or to bridge the gap from the expiration of a visa status and the date of proposed foreign travel.
📌 Make sure to apply for H-1B, L-1 or other extensions well in advance so that you will have approval notice well before your current petition and the work authorization ends. (H-1B, L-1 extensions could be filed six (6) months in advance).
📌 Make sure DSO makes recommendation for OPT on SEVIS, prints new I-20 with OPT recommendation, signs I-20, and you too sign the I-20 and include required set of documents in applying for OPT. DOUBLE check triple check before filing OPT, can also be filed online.
📌 Make sure to apply for OPT/STEM applications well in advance so that you will have EAD work authorization card on time. (OPT can be filed up to 90 days prior to graduation or right after degree requirements are completed)
Some U.S. universities such as MIT, UMass, Boston University had issued their alerts and reflections on post-election travel matters. It highly advisable not to read too much into it or any other online or social media posts from lawyers or bloggers alike, it is too early to tell about specific executive actions. One only make a better plan or backup plans.
Only official actions from the U.S. government can affect the travel rule, often time the U.S. Department of State will issue its news alert of DOS, U.S. Customs and Border Protection (alerts on travel) and U.S. Citizenship and Immigration Services (USCIS) too. It is also advisable to be in touch with university and your employer.
Trump Administration has planned to make swift immigration enforcements plans, but it is uncertain what other policy or executive actions it plans to take. While a change immigrationl law will require the U.S. Congress to act, similarly change in immigration or visa policy will require still regulatory changes which would require at least 30 days of public notice in an emergency interim rule process or 60 days more under non-emergency regular process whereas an executive action could be taken more swiftly in a matter of a day.
Our firm plans to make timely updates on our website or social media (facebook, LinkedIn and X (formerly twitter)) as any of those Executive Action is taken. In case of more immediate need for a legal help, one could contact us at https://www.adhikarilaw.com/contact/ or call us at +1-202-600-7742.
In the past, there were surged incidents of hate crimes and physical assaults against people wearing turbans and other religious headgears, Asian Americans, long-bearded persons, so it is advisable to exercise caution when travelling or travelling alone in more secluded part of the town. Always inform your close friends and family when you are travelling or visiting parts of the country or town which is known to have higher level of crimes (U.S. cities by crime rates, FBI Crimes data). Large cities are reported to have higher incidents of violent crimes.
The United States has a very high level of violent crimes than any other advanced economices. If you are a victim of such a crime, make sure to report to police (call 911), seek help from bystanders. It is also advisable to avoid any degree of arguement or confrontations likely offenders, it is better to avoid such persons and stay away. As a victim of a crime, you could seek a legal help from not just police and government prosecutors but also the private attorneys such as immigration attorneys who can provide legal help to the victims to crimes.
If you want to learn more about this topic or other topics or about our legal services, please do contact us at https://www.adhikarilaw.com/contact/ or email us at info@adhikarilaw.com or call us at (+1) 202 600 7742.