Tuesday, January 9, 2018

TRUMP BACKS DOWN ON AN H-1B THREAT TO 6+ YEAR H-1Bs

McClatchy reports that the Trump Administration has backed down from a threat that would have eliminated the ability of H-1B workers with long-pending green card cases to extend their H-1B status beyond 6 years.  They had previously reported that the Trump Administration was considering the change to H-1B extensions.

In a recent MU Law blog, we outlined the reasons that such a policy change was contrary to law.  We explained that The Trump Administration would have lost if challenged in court.  While Section 104 of AC21 might provide arguable cover for a Trump policy change, Section 106 of AC21 could not have been changed.  Therefore any policy change to Section 104 would have simply resulted in USCIS granting H-1B extensions in one-year increments under Section 106.

McClatchy quotes an unnamed USCIS official who confirms our analysis and the analysis of many members of the business immigration bar:

“What we can say, however, is that USCIS is not considering a regulatory change that would force H-1B visa holders to leave the United States by changing our interpretation of section 104(c) of AC-21, which provides for H-1B extensions beyond the 6 year limit,” the agency told McClatchy. “Even if it were, such a change would not likely result in these H-1B visa holders having to leave the United States because employers could request extensions in one-year increments under section 106(a)-(b) of AC21 instead.”

12 comments:

  1. This comment has been removed by a blog administrator.

    ReplyDelete
  2. This comment has been removed by a blog administrator.

    ReplyDelete
  3. This comment has been removed by a blog administrator.

    ReplyDelete
  4. This comment has been removed by a blog administrator.

    ReplyDelete
  5. This comment has been removed by a blog administrator.

    ReplyDelete
  6. This comment has been removed by a blog administrator.

    ReplyDelete
  7. This comment has been removed by a blog administrator.

    ReplyDelete
  8. chambersloanfirm@hotmail.com SAVE ME WHEN THERE WAS NO HOPE

    Hello everyone in this forum, i am Harry Jones from USA, I cannot believe that God really exist not until i was Redeemed and saved from Financial bondage.. l was into financial crisis and needed to pay some bills. l tried seeking help from banks but all to no avail,l also tried seeking help from the internet only to meet scammers who pretended to be private lender and made away with my $15000 and did not get my loan, not until GOD introduce me to Chambers loan firm through a friend who was rescued from financial problem and a loan of $100,000.00 was granted to me by Chambers loan firm at 2% interest rate, l am doing this because l am so happy am out of financial bondage and am once again full of joy and life is easy all thanks to GOD . You can contact CHAMBERS LOAN FIRM via { chambersloanfirm@hotmail.com }

    ReplyDelete
  9. We are a registered financial house and our aim and objective is to help interested individuals and corporate bodies to get their desired loans. We can assist you financially. Contact us today and tell us how much loan you need as loan. You shall well be attended to email : tatacapital@yahoo.com

    ReplyDelete
  10. We are in need of kidney donors urgently with the sum of $450,000 USD,contact us for more detail.
    Dr. Micheal Varghese
    call number: +919500703584
    WhatsApp: +919500703584

    ReplyDelete

  11. NOW A PROPERTY OWNER WITH THE HELP OF PROSPER LOAN: prosperloanfirm@yahoo.com
    Share this to help a soul right now, Ya'll will agree with me that the rate of online scamming is increasing by the day. I'm also a victim of it as i was scammed about 25,000usd all in the quest of seeking for an home loan. I actually gave up until a government official directed me to PROSPER LOAN FIRM, Despite the fact of my plight i had to give it a try since it was coming from a top government official. All comment ya'all see online are bullshit and crap, I know the pains i went through just because i was looking for a loan i had to keep on selling valuables to keep paying unforeseen fees. I and some great personality have started a movement to end online scam because people are dying everyday, losing their homes, selling their property just because they need a loan. Apart from been a beneficiary of about 295,000usd in PROSPER LOAN FIRM lending scheme , We have also made a research to see that they are the best around the globe as far as online lending is concern, They have proven their self trustworthy and reliable back to back without failing. To end people debt, financial burden and been victimized here is the details of prosper loan firm. Email: prosperloanfirm@yahoo.com OR call +1(816) 366-8769 to put an end to your financial needs now. I'm Heather Patrick from Georgia, United States. It doesn't take you anything to share this great information and good news. Email: prosperloanfirm@yahoo.com OR call +1(816) 366-8769 and celebrate financial outbreak for the rest of your life.

    ReplyDelete

Note: Only a member of this blog may post a comment.