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Trump requires skilled immigrants but creates new hurdles


It might be a while before President Donald Trump gets another chance at creating a new, "merit-based" immigration system, a keystone of his four-part plan that Congress rejected a month ago. Meanwhile, his administration is attempting to make it harder for skilled migrants to come work in the US.
The State Department has terminated an Obama-era program which allows foreign entrepreneurs to start companies in the US. It is aggressively scrutinizing visa applications for skilled workers from other countries. In addition, it is considering terminating a provision that permits the spouses of those skilled workers to work in the US.
The administration and its supporters claiming that they are trying to mend flaws in the current, employer-centric skilled immigration system while campaigning for a complete revamp of America's immigration system.
Mark Krikorian of the Center for Immigration Studies, which supports reducing immigration said, "The stuff that they're actually doing is not so much restricting skilled immigration as enforcing the law. They're rolling back some of the extralegal measures that other administrations have taken."
One of the significant ways for skilled immigrants to enter the US is the H1B visa for speciality workers, which is greatly utilized by the technology industry. Around 85,000 visas are issued every year through a lottery system. A number of critics argue that these visas are a way for companies to stay away from hiring U.S. citizens; Mr. Trump himself has actually stated H1B recipients should not even be thought about skilled.
During 2016, two technology workers took Disney to court, claiming 250 U.S. employees were laid off and many were forced to train substitutes who were hired on H1B visas. A federal judge dismissed the claim by stating that Disney was just following existing immigration laws.
The Trump administration has amplified its scrutiny of H1B applications, needing renewals be sent personally and asking for added proof the workers are required and are being paid top tier.
Joanne Fereirra, a spokeswoman for U.S. Citizenship and Immigration Services said, "This increase reflects our commitment to protecting the integrity of the immigration system." She added that 92.5 % of the visas are still approved; only 2% points lower than under the Obama administration in 2016.
Still, businesses have noticed a change.
"We've got employees that are going through the process, who have gone through such a level of scrutiny and interrogatory that is unprecedented," said Dean Garfield, president of the Information Technology Industry Council, which backs H1B visas and has had one of its own workers need to return overseas due to delays in approving the requisite visa.
The additional time with H1B visas is only part of the administration's changes to skilled, work-based immigration.
A year ago, Mr. Trump signed an executive order that directed all government agencies to "rigorously enforce and administer the laws governing entry into the United States of workers from abroad" to make sure that most numbers of U.S. citizens have jobs. The order also asked to shift H1Bs from lower-paid workers to higher-paid ones who in fact have skills that can't be acquired from the native workforce.
The administration also halted an Obama administration program that intended to provide visas to international entrepreneurs who start companies in the US.
In December, the U.S. Department of Homeland Security released its new regulatory agenda which included further, indefinite modifications to the H1B program. The administration also indicated it will roll back the President Barack Obama’s STEM OPT program that permits international science and technology students to work legally in the U.S. for up to three years.
In the meantime, the State Department said a week ago it is looking further to enhance screening of potential immigrants and visitors by asking all U.S. visa applicants to submit their social media usernames, earlier email addresses and phone numbers — information that was in the past sought only from applicants identified for extra scrutiny. The department calculates approximately 710,000 immigrant visa applicants and 14 million non-immigrant visa applicants will be affected every year.
Akash Negi, 26, a post-graduate in sciences and analytics from Pennsylvania's Harrisburg University of Science and Technology said that he earned while working as a big data analyst at JP Morgan Chase. Negi moved to the US after his father got a diplomatic visa as part of a job at the United Nations, however, his legal residency doesn't include a work permit.
He had the ability to work while a trainee but is waiting for his STEM OPT visa to stay used, and is worried Trump will gut the program.
Negi expressed that he understands Mr. Trump's intentions of shielding U.S. workers however says he's going about it incorrectly.
"Any country wants to protect its own citizens, but you don't just end the program when you don't have your own population trained," Negi said.
Additionally, the Trump administration has indicated that it might terminate another Obama-era program that permits spouses of H1B visa holders to work legally in the U.S. Many of these people have been in the U.S. for a long time, sometimes long enough to have children who are presently U.S. citizens, yet can face a decades-long wait for a green card. The prospect of being unable to work is a shock to them.
"I would like to make my own living. I am qualified and skilled," said Anushri Maru, 35, a business analyst in Houston, adding she's her new home doesn't want her talents. "I'm not sure they understand that we are skilled immigrants."
Source : TechGIG

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