Mediaboss Marketing

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court, theTrump administration's proposal remains under federal review.DHS has indicated that the program could be rescinded as early asSpring 2020, but at this time, there is no impact to H-4 dependentsholding or seeking to apply for EAD cards.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.

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