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Paralegal Todaytm ARALEGAL P TM TODAY A Certificate by Any Other Name Don’t Short Cut Your Education for Long Term Success Immigration Law Practice Challenges and Opportunities Under the New Administration International Adoptees and U.S. Citizenship What You Need to Know Case Management The Art of the Unseen Top 10 Apps Q1 - 2017 Every Legal Professional Needs to Have Volume 34 Issue 1 WWW.PARALEGALTODAY.COM The Authority for the Paralegal Profession $9.95 Immigration Law and Practice Challenges and Opportunities Under the New Administration By Sherry Karabin Uncertain Times Fear, urgency, and longer wait times “…the biggest challenge is the for work visas and citizenship requests— those are some of the new realities facing ‘general uncertainty of what could foreign nationals wishing to travel to, study in, visit, or permanently immigrate happen on a day-to-day basis.’” to the United States under President Donald Trump’s administration, creating Jones explains that, currently, foreign foreign workers to fill specialty occupa- a political and legal climate that presents students can obtain one year of work au- tions in fields such as engineering and IT. many challenges and opportunities for the thorization after completing their studies, Each year, the non-immigrant visas that attorneys and paralegals who specialize in and STEM graduates at employers who allow U.S. employers to temporarily em- immigration law. use E-Verify can obtain an additional two ploy foreign nationals to fill such jobs are David Jones, a partner in the Memphis years. This work authorization has been granted based on a lottery. “Traditionally,” office of the management-side labor and the subject of litigation as well as proposed Jones said, “employers would have a 30 to employment law firm Fisher Phillips, says elimination by administration officials 40 percent chance of receiving an H-1B the biggest challenge is the “general uncer- such as Jeff Sessions. Prior to his nomina- visa.” “For fiscal year 2017-18 for which the tainty of what could happen on a day-to- tion for attorney general, “Jeff Sessions also U.S. Citizenship and Immigration Services day basis.” “There have been some changes proposed changes to get rid of the Optional just concluded the lottery, that number is and a lot more are being discussed,” Practical Training work authorization for closer to 32 percent,” he said. “Employers said Jones, who represents businesses in students” said Jones. were hoping to increase the number of immigration-related employment matters. these visas, but under the new administra- “There is talk of eliminating the work au- Employer Concerns tion it’s likely they may be reduced.” thorization for spouses of H-1B visa hold- Jones says the potential changes make it “The White House may also change the ers, as well as discussions about getting rid difficult for employers to plan their hiring priorities used to determine who gets these of student work authorizations.” needs, especially those that rely heavily on visas,” said Jones, who explained, “For www.ParalegalToday.com Q1 - 2017 5 “This, together with the fear created by the two proposed travel bans, has led us to receive a lot more calls from clients.” example, foreign workers now have a better retention of the H-1B worker.” grant NAFTA Professional TN visa was cre- shot if they have a U.S. master’s degree.” In May 2015, certain H-4 spouses became ated, which allows qualified Canadian and Sarah Flannery, head of the immigration eligible for work authorization. “This ben- Mexican citizens to apply for temporary practice group at Thompson Hine, which efit was welcomed by H-1B workers, their entry into the U.S. to work for employers in handles employment-based immigration spouses in H-4 status, and many businesses prearranged professional positions. Those matters, says her clients are also uneasy who expected this change to influence who qualify include accountants, engi- about the uncertainty of securing H-1B vi- retention of foreign talent,” Flannery neers, lawyers, pharmacists, scientists, and sas. “The demand has been greater than the explained. “The change allows some H-4 teachers. Flannery says if NAFTA is renego- supply over the past several years, but there spouses to work, specifically those married tiated or eliminated, employers could also are concerns that the number of available to H-1B workers being sponsored for green lose this as an alternative to the H-1B visa. visas may shrink further and the way in cards.” Once the H-1B worker gets to a Therefore, Flannery says it’s important which they will be allocated will change to certain step in the green card process, the for businesses that rely on foreign nation- favor highly paid and highly skilled employ- spouse can then obtain work authorization als to consider all their options. She says ees,” said Flannery. that doesn’t require employer sponsorship. companies with offices outside the U.S. Flannery says others are concerned “She can then seek jobs and report that she may be able to first employ foreign nation- that H-4 spouses could lose their employ- comes to the employer authorized for work als at locations abroad and then use the ment authorization. H-4 status is given and doesn’t require sponsorship,” said L-1 visa to transfer them to the U.S. “This to spouses of H-1B workers if the spouse Flannery. “If she then rebuilds her career in is a long-term strategy, though, because it does not have an independent sponsor- the U.S. that helps to keep the H-1B worker requires at least one full year of employ- ship. For example, in the case of a married here as well.” ment outside the U.S. before the transfer,” couple from India who are both computer Flannery says revoking this work said Flannery. developers with IT degrees, if the husband authorization could be achieved through receives an offer to relocate to the U.S. to executive action. “If the H-4 work authori- A Sense of Urgency work for an American business, the busi- zation is removed, it will disrupt businesses While neither of President Trump’s trav- ness sponsors him for H-1B status, and currently employing the H-4 spouses, set el bans has taken effect, Flannery says the his spouse may be granted H-4 status and back the H-4 spouses who were pleased to prospect of the changes is creating anxiety accompany him to the U.S. have work authorization and it could set among foreign national employees. “Even “H-4 status does not have automatic back the retention of the H-1B workers of employees who are citizens of Canada and eligibility for work authorization,” Flannery the H-4 spouses,” she said. the U.K., countries that have never been said. “Thus the H-4 spouse can accompany Employers are also concerned about the subject of a travel ban, are expressing her husband to the U.S., but she can work possible immigration law changes that may concerns about the administration’s new only if she finds an employer willing to result from the renegotiation or elimina- policies and the impact they will have on sponsor her for H-1B status. The inability tion of the North American Free Trade international travel,” she said. “What this of the H-4 spouse to work can strain the Agreement. Under NAFTA, a nonimmi- is translating into is that employees are 66 Q1Q1 -- 20172017 www.www.ParalegalToday.comParalegalToday.com putting pressure on employers to convert ensure a comprehensive review of all pos- tion Service trial attorney also says he’s temporary work visas to green cards so sible options and strategies pertaining to witnessed many changes in the regulations they can live and work in the U.S. perma- their case,” Atassi advised and noted that governing immigration over the years, nently,” Flannery explained. “in the past, it was easier for individuals including those impacting the criteria Robert Casazza, a partner at the global to file applications for simple immigration used to determine eligibility for a National immigration law firm Fragomen, Del Rey, benefits on their own.” “Now the applica- Interest Waiver for an immigrant visa Bernsen & Loewy, says that local officials tions are lengthier and more complex.” petition. These waivers are granted when from USCIS told him they are seeing an Atassi says businesses also need to plan a foreign national’s work is determined to “onslaught of citizenship filings,” which for longer delays when handling foreign be in the “national interest” of the country. may be contributing to the overall slow- national hires. “Prior to April 3, those seek- Shusterman explains that the waivers are down in the process. “The new adminis- ing H-1B visas had the option of paying available only to foreign nationals who tration is definitely doing more detailed an additional fee for premium processing, have an advanced degree or the equivalent. vetting,” said Casazza, who represents which guaranteed a decision in 15 calendar The waivers eliminate the requirement companies and foreign national employees days,” she said. “On April 3, the govern- that the person have a job offer that is seeking to obtain visas and work autho- ment suspended this option for up to a certified by the U.S. Department of Labor. rizations.” “The administration has also six-month time frame.” “Additionally, the U.S. employer is not directed the Department of State to in- Impact on Travel and Reentry required to advertise the job and show crease scrutiny of visa applications and to Over in Los Angeles, attorney Carl that they are unable to find a qualified U.S.
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