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24 January 2020

Envoy Global, Inc.

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Immigration is always evolving, but 2019 brought with it somechanges that could impact the next decade of talent mobility. TheU.S. saw increased scrutiny of petitions, new policies and callsfor immigration reform from both political parties. For employers,it's clear that immigration will remain a hot topic going into2020, and staying ahead means staying informed.

As we've previously discussed, year-end data released by U.S Citizenship & ImmigrationServices (USCIS) proves that scrutiny of visa petitions continues.In FY 2019, USCIS received a total of 420,617 H-1B visa petitions,and of the petitions submitted and completed, 40.2% of themreceived a Request For Evidence (RFE). Once a petition receives anRFE and is re-submitted, it's approved 65.4% of the time,according to USCIS data. While the approval percentage is a declinefrom previous fiscal years, it actually increased when compared toFY 2018. Other visa types, including the L-1 visa, were alsosubject to increased RFE rates and declining approval rates.

Originally proposed back in March 2018, USCIS finalized a ruleon June 5, 2019, requiring all visa applicants to submit their social media information to theDepartment of State. Applications must now include anysocial media account names from Facebook, Twitter, Instagram,LinkedIn and YouTube used over the previous five years (individualscan voluntarily input additional social media accounts on platformsnot listed.) Additionally, applicants will also need to providefive years of previously used email addresses, international traveldetails, deportation status and telephone numbers.

Wondering about electronic registration for the FY2021 Cap season? Register For Envoy's webinar on January 15 tolearn more.

The H-4 EAD program, which allows the spouses of high-skilledimmigrant (H-1B) visa holders to work in the U.S., is currentlyfacing opposition by the Trump administration, as well as a lawsuit from a private advocacy groupagainst the Department of Homeland Security (DHS). While thelawsuit was recently allowed to proceed in a district court, theTrump administration's proposal remains under federal review.DHS has indicated that the program could be rescinded as early asSpring 2020, but at this time, there is no impact to H-4 dependentsholding or seeking to apply for EAD cards. USCIS will continue toaccept and adjudicate initial EAD applications and extensions underthe current rule.

Earlier this year, all eyes were on the Fairness For HighSkilled Immigrants Act, which aimed to eliminate the annualper-country cap on green cardscurrently at 7%toalleviate extended green card wait times. The act passed the House with bipartisan support inJuly, but failed to pass the Senate. Sponsors are seeking anothervote on the bill, but meanwhile, Sen. Dick Durbin (D-IL) hasintroduced a competing proposal known as the Resolving ExtendedLimbo for Immigrant Employees and Families (RELIEF) Act, whichaddresses concerns that the High-Skilled Immigrants Act wouldcreate new backlogs for countries other than China and India, amongother provisions.

Electronic registration. The new registration process, firstproposed in December 2018, will require employers wanting to fileH-1B petitions to register electronically with USCIS for eachsponsored foreign national employee in lieu of filing a completepetition upfront. On December 6, 2019, USCIS announced that it will implement the system for the FY 2021Cap season.

The 2020 Presidential Election. The highly-anticipated electionwill likely shape future reforms to both employment-based andfamily-based immigration and the green card process. Stay up todate by following reputable news sources such as the AssociatedPress, Reuters and the American Immigration Lawyers Association(AILA).

Continued scrutiny. GIA expects the trend of increasing RFErates for H-1B petitions and other employment-based visas tocontinue in 2020. Minimize your risk by developing a strategic and thorough immigration programthat accounts for changing regulations and other unexpectedcircumstances.

Envoy is pleased to provide you this information, which wasprepared in collaboration with Jordan Mendez, who is a SeniorAssociate at Global Immigration Associates, P.C. (www.giafirm.com),Envoy's affiliated law firm.

The content of this article is intended to provide a generalguide to the subject matter. Specialist advice should be soughtabout your specific circumstances.

POPULAR ARTICLES ON: Immigration from United States

McLane Middleton, Professional Association

For roughly the past year there have been a greater number of jobs available than workers seeking jobs.

Dentons

In a move under the Hire American/Buy American Executive Order touted as aiding US employers, the US Citizenship and Immigration Services in November actually placed an extra burden on US employers...

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The State Of US Immigration: 2019 Highlights And What To Expect In 2020 - Mondaq News Alerts

Over the next few weeks, eight of the remaining Democratic presidential nominees met in Des Moines on Monday (January 20) to discuss their health and social justice issues at the Brown & Black Forum, hosted by VICE News and Kashmiri Originals.

Surveys show wage inequality, general economic injustice and the current governments stance on immigration as the basis for the Black-LatinX vote.

In response, Demoratics hopes doubled on popular issues such as raising the minimum wage and creating a path to citizenship.

RELATED: Brown & Black Presidential Forum Gives Gen Z and Millennials a Voice

The former Vice President took part in the forum Joe BidenSen. Bernie Sanders from Vermont, Sen. Elizabeth Warren from Massachusetts, Sen. Michael Bennet from Colorado, former Vice President Joe Biden, Ex-mayor Pete Buttigieg, former representative John Delaney by Maryland and Sen. Amy Klobuchar of Minnesota and entrepreneurs Andrew Yang,

The forum was moderated by correspondents from VICE News Antonia Hylton. Alzo Slade, Paola Ramos. Dexter Thomas. David Noriegon, Krishna Andavolu, and Roberto Ferdman,

This is what the candidates said at the Brown and Black Forum on immigration and the economy.

RELATED: How the Black Economic Alliance Blames Presidential Candidates

Michael Bennet

Colorado Senator Michael Bennet was the first to step onto the Des Moines stage.

Bennet quickly realized that his campaign had a name recognition problem after moderator Alzo Slade pointed out that New York Magazine described her as the mild white man youve never heard of.

I am not as well known as other candidates, but I think the ideas that I am pushing forward in this campaign will make the biggest difference for children living in poverty in this country.

Bennets economic plan provides for an increase in the tax credit for children, paid family vacation, a tax credit for earned income, and an increase in the minimum wage for companies that can afford to do so.

When Bennet asked the question whether companies that cannot afford a living wage should still be in business, he said: A wage is better than NO wages. This opinion is in stark contrast to candidates like Sanders and Warren who advocate one Minimum wage of $ 15.

Joe Biden

When former Vice President Joe Biden took to the stage in Des Moines, he was criticized for his attachment to the record number of deportations by the Obama administration.

Biden, however, stopped criticizing the previous government directly.

As we did when we reformed the system with the DACA, I wouldnt leave them behind bars, Biden said of the Obama administrations Deferred Action for Child Arrivals program that one way the country would have offered illegal citizenship for undocumented immigrants as children.

Instead, Biden supports the implementation of a system in which those who cross the border are not imprisoned, but are followed with an anklet.

Unlike some of his opponents, including Senator Elizabeth Warren, Bidens plan is no longer addressing more advanced measures, such as decriminalizing border crossing and introducing a temporary moratorium on deportation. In addition to supporting a minimum wage of $ 15, Biden is keen to support unions and take action against companies that try to stop collective bargaining.

Pete Buttigieg

The moderators urged former South Bend, Indiana mayor Pete Buttigieg to fight for resonance among minority voters.

Buttigieg used his screen time in front of a diverse audience to reaffirm his plan to address inequality and what he calls the Trump administrations discriminatory policy towards Latinos.

Buttigiegs plan includes creating a path to citizenship for immigrants who live, work and pay taxes, end family separation, and update immigration laws to meet todays economic and humanitarian needs.

Buttigieg not only supports raising the federal minimum wage to $ 15, but also supports the Paycheck Fairness Act. The law, passed by the House of Representatives last year, would prohibit employers from using an employees history of wages to determine wages, and would give employers the right to discuss wages without retaliation and to justify wage differentials.

Bernie Sanders

Vermont Senator Bernie Sanders boldly replied when the moderators described his agenda as radical.

Raise the minimum wage to $ 15 an hour: is that radical? Cancellation of all student loan debts. Radical? Immigration Reform: Radical? , Sanders asked the audience, who said with a loud NO! Replied.

On his website, Sanders immigration proposal includes the use of executive measures to protect unauthorized immigrants who have lived in the United States for more than five years from deportation.

Sanders also plans to implement tax breaks for large corporations to remove tax loopholes and reliefs that benefit only the rich and to raise tax rates for the top 0.2% of wealthy Americans.

Im a very data-driven guy, but Im 100% confident that putting $ 40 billion in Black and Browns hands every month will be a huge win, said entrepreneur Andrew Yang when asked was how universal he was. Basic income can close the wealth gap.

Yang plans to give every adult American $ 1,000 a month in universal basic income to compensate for job losses through automation. The first-time presidential candidate proposes to pay most of the monthly distributions by introducing a new 10 percent sales tax on goods and services.

Amy Klobuchar

I dont pretend to know what it feels like to walk around the store or face poverty like 30 percent of black children do, but I know its not right, said Senator Amy Klobuchar of the harmful rhetoric of the current government targeting minorities.

On her website, the Minnesota senator outlines how ICE is to be reformed and the applicable guidelines regarding border detentions to be reviewed.

The Brown & Black Forum kept the candidates on time, so that not every candidate had the opportunity to solve every problem. Read on to find out where some of the Presidents other hopefuls are on immigration and economic policy.

labyrinth

Earlier, Senator Elizabeth Warren had proposed plans to raise the federal minimum wage to $ 15 and streamline the process for refugees seeking asylum.

Warrens plan of economic patriotism would result in the government prioritizing the interests of the middle class over those of business. This is aimed directly at companies like Amazon, which receive significant tax incentives from the government.

When it comes to immigration, Warren calls for the program to be expanded for DREAMers and their families, as well as those with temporary protection status. If elected, Warren plans to accept more refugees and decriminalize crossing the border without papers.

Though bold, Warren would have great difficulty in Congress, especially if Republicans kept control of the Senate.

Tom Steyer

Tom Steyer, the billionaire from California, has outlined an immigration proposal aimed at decriminalizing illegal border crossings and is working with Congress to find a way to illegally naturalize millions of people in the United States.

Like Sanders, Steyer promises to use executive measures to restore the Obama administrations protection to people who were brought in illegally as children. He would do the same to lift President Donald Trumps Muslim ban and end the separation of immigrant families on the US-Mexico border.

Steyers economic agenda highlights people in front of profits and aims to address what Steyer calls the undue influence of corporate power on the US economy. Like many of his White House rivals, his plan also includes a minimum wage of $ 15.

John Delaney

The former three-day congresswoman from Maryland supports a comprehensive immigration reform. As a congressman, he supported the DREAM law in 2017, the so-called dreaming, which would have opened the way to citizenship for undocumented immigrants who were brought into the country illegally as children.

In the past, he described the Trump administrations decision to end DACA as cruel, heartless, and mean.

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Link:
Brown And Black Forum: Immigration Reform and Economy - The Media Hq

Massachusetts Senator Elizabeth Warren once praised then-candidate and future President Donald Trump as someone who gets out and he talks about important things, but said his position on deporting undocumented immigrants scratches his name off the list.

Senator Warren made the remarks during a September, 2015 appearance on ABCs The View.

During the show, then-co-host Paula Faris asked about Trumps appeal, as he was then rising to the top of an expansive Republican primary field.

What is it that he is doing thats creating this? Faris asked.

You know, I dont know, there are a lot of places where he gets out and he talks about important things, Warren said, then added Like, Donald Trump and I both agree that there ought to be more taxation of the billionaires, the people who are making their money on Wall Street.

Co-host Joy Behar chimed in, Thats a pretty liberal position, to which Warren replied, Dont call it liberal. It is a pretty right position. And its where most of America is.

What is he doing thats really connecting with people? Faris said.

Well, I got to tell you, its the other half with Donald Trump, Warren said. Because hes the one who said he wants to rip 11 million people who live in this country right now, rip them out of their families, take them away, and deport them.

For me, that just scratches his name off the list, Warren continued, adding You cant be president of the United States if thats your view about how were going to solve immigration reform. Thats wrong.

When Faris asked again why Trump was resonating with so many people, Warren cracked Youve got to remember who hes being measured against on the Republican side, no offense, then went on to say that I [Warren] think part of whats happening is people want to know what the candidates out there stand for and what theyre willing to fight for.

Bernie Sanders is out there generating an enormous amount of interest. Hes out there talking about it, and I think this is what we need for all the presidential candidates, Warren said.

Warren never got around to naming the other important things Trump talks about, but as president, Trump never did manage to raise taxes on billionaires. Or at least, he hasnt yet.

Watch the clip above via ABC.

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WATCH: Elizabeth Warren Praised Trump in 2015 But Said Immigration Scratches His Name Off the List - Mediaite

Since the beginning of the Democratic primary, the policies proposed by each candidate have been subject to public scrutiny, especially when minorities are involved.

The first candidate to talk about comprehensive immigration reform was former housing secretary Julian Castro, who was building on his experience as a second-generation immigrant in a country that continues to take the Hispanic community for granted.

After retiring from the race, Castro gave his support to Massachusetts Senator Elizabeth Warren in her campaign for "structural change" in the country.

Last Tuesday, Castro shared on social networks what he describes as "Elizabeth's vision for the future of our country," which combines key elements for our community: education, health, and immigration.

In an extensive and detailed document, the Warren campaign explains how the needs of Latinos, although exacerbated in the media struggle during the Trump Administration, are a much deeper issue.

FromTejano ranchers losing their land in the Southwesttostudents punished for speaking Spanish in schooltotoxic dumping in Puerto Rico, the United States has a long-history of government-sanctioned injustices against Latinos, the campaign says. Yet, at every turn in our nations history, Latinos, Latinas, and Latinx people have been at the forefront of the fight for social, racial and economic justice -- leading with bold,unwavering courage and unshakable hope.

Warren rescues iconic figures of the community such as Rafael Cordero, Sylvia Rivera, Sylvia Mendez, Dolores Huerta, and Alexandria Villaseor, and exposes them as symbols of the priorities of Hispanics in the country.

Based on this, the senator proposes:

Similarly, the Warren campaign explains how its overall projects will help close the wage and development gap experienced by Latinos and communities of color in general in the United States.

From affordable housing to bankruptcy; from childcare to disability rights, to election reform; from worker empowerment to entrepreneurship, to free education and an end to student debt, to LGBTQ+ rights Warren seems to show that, in fact, she has a plan for everything.

While candidates like South Bend Mayor Pete Buttigieg and former Vice President Joe Biden have presented their promises to the Hispanic community which similarly include immigration reform, health care, housing, and education the Warren campaign seems to be taking it a step further, putting itself in the shoes of the millions of Latinos who still hope to see themselves not reflected as a demographic, but as part of the country's social fabric.

More here:
Warren acknowledges the struggle of the Latino community and vows to "Restore the Promise of America - AL DIA News

November, 2015 and Congressman James Sensenbrenner is pictured meeting with then Irish Foreign Minister Charlie Flanagan during Flanagans visit to Washington. The two discussed Sensenbrenners E-3 bill during their meeting.

By Ray OHanlon

In the pantheon of congressional legislators that have given consideration to the concerns of Irish America, Representative James Sensenbrenner would not be considered front rank.

Some would not consider him in any rank, especially in the context of immigration reform and a more open American door for the Irish.

But Sensenbrenner, today the second most senior Republican in the House, does figure in this context by virtue of his leading role in the emergence of sought after E-3 renewable visas for Irish hopefuls.

But the clock is running down on his role. Sensenbrenner, 76, and a former chairman of the House Judiciary Committee (2001-07) is taking leave of the U.S. House of Representatives after this Novembers election.

Sensenbrenner was one of the House GOP managers of the Bill Clinton impeachment trial. Hes on the other side of the argument now.

Back in his lock em up and throw them out days, Sensenbrenner was lead sponsor of H.R. 4437, a bill passed by the House in 2005 that contained additional criminal penalties for aiding and abetting illegal immigration to the United States.

Sensenbrenners district, Wisconsins 5th, spreads across the Milwaukee suburbs. Likely as not he lives in close proximity to some undocumented immigrants. Some of them might even be Irish.

If there are Irish close by some of their famed luck rubbed off on the veteran congressman, a three-time lottery winner no less.

And if that was the case, perhaps he felt he owed the Irish a little something.

Regardless of his thoughts, Sensenbrenner would team up a couple of years ago with Congressman Richard Neal, chairman of the Friends of Ireland in Congress, to author an Irish E-3 bill for House consideration.

The E-3s had been lolling around atop the turbulent sea that is the immigration debate for several years.

Back in in November, 2015, H.R. 3730 proposed an allocation to Ireland of E-3 visas not taken up by Australians who enjoyed a dedicated annual allocation of 10,500.

The bill was placed before the House by Rep. Sensenbrenner and was taken up by the Judiciary Committee. No action was taken at the time.

But with the passing of time the E-3 proposal would come up again for a vote, in November, 2018. The House of Representatives approved the legislation but it still required Senate approval.

Still, the joining together of House Republicans and Democrats appeared to auger well for a matching measure in the Senate, though the hurdle in that chamber was larger than what it was in the House.

In the latter it was two thirds support, in the Senate it will have to be unanimous.

As it turned out the House had voted unanimously for H.R. 7164, crafted by Congressman Sensenbrenner and co-sponsored by Congressman Neal.

A release posted on Rep. Sensenbrenners website hailed the House approval of H.R. 7164.

Today, it stated, the House of Representatives unanimously passed bipartisan legislation to extend E-3 visa eligibility to Irish Nationals. The bill was sponsored by Congressmen Jim Sensenbrenner (R-WI-05) and Richard Neal (D-MA-01).

The release carried Congressman Sensenbrenners delivered remarks on the House floor prior to the vote.

He stated: The United States was built on hard work and the determination of immigrants many of them who hail from Ireland. Through their perseverance, they have enabled this country to grow and prosper.

I believe in the value and opportunity that comes with legal immigration. I am pleased to have authored this legislation to make the process more efficient for one of our oldest allies, and add to the great legacy of cultural diversity celebrated our country.

This modest proposal would give Irish Nationals the opportunity to work in the U.S. under the non-immigrant visa category of the E-3 Visa, previously reserved only for Australian nationals.

Ireland in the meantime, has proposed a reciprocal work visa specific to U.S. nationals so that those wanting to live and work in Ireland can more easily do so.

The E-3 visa is one of the most efficient U.S. visa options. Applicants outside the United States may apply directly at a U.S. consulate, thus avoiding lengthy processing times with U.S. Citizenship and Immigration Services. The visas are granted for 2 year periods (renewable indefinitely), and the spouses of E-3 visa holders are permitted to apply for employment authorization documents.

Currently, 10,500 E-3 visas are allocated each year, yet only half of these are used. This legislation would allow Irish nationals to apply for those visas unused by Australian nationals.

This significant addition to the U.S. immigration system will not only benefit Irish nationals seeking employment in the United States, but also ease restrictions on Americans wanting to live or retire in Ireland.

In conclusion, I would like to say that this does not increase the number of visas that are authorized in total. It merely allows the Irish nationals to apply for the visas that Australian nationals do not want to use on a year-to-year basis.

Sensenbrenners modest proposal would run into trouble, however.

A number of his fellow Republicans in the Senate placed holds on passage of a matching Senate bill. The holds reached a total of six, only to drop back down to just one.

But that one stayed put. Senator Tom Cotton of Arkansas brought the hammer down just before Christmas, 2018, and there it would stay through 2019.

Congressman Sensenbrenner would announce in 2019 that he would not be running in the 2020 election.

Meantime, however, he is still a senior House member and in recent days his modest proposal has shown signs of life.

Congressman Neal has moved to revive the E-3s in the House and in the opening days of the New Year a bill arose in the Senate, again with bipartisan support being led by Republican Senator Pat Toomey from Pennsylvania, who, encouraged by the Ancient Order of Hibernians, has been a backer of the Irish E-3 the past eight years or so, and Illinois Democrat, Senator Dick Durbin.

Congressman Sensenbrenner will take his leave of Capitol Hill in just under a year from now. But his work for the Irish might not be done yet.

Excerpt from:
Unlikely visa advocate will take his leave of Congress - Irish Echo