The latest H1 visa proposal blow creates uncertainties for foreign techies

The latest H1 visa proposal blow creates uncertainties for foreign techies

Recently, the Trump administration announced through the Department of Homeland Security that the administration is considering preventing the extension of H1 visas. This is being done in accordance with the promise made by Trump during his 2016 campaign of keeping American jobs for the natives. Although fulfilment of campaign promises is usually seen as a good sign in any presidency, this proposal can end up sending back 500,000 or even more skilled employees to their countries. “The idea is to create a sort of ‘self- deportation’ of hundreds of thousands of Indian tech workers in the United States to open up those jobs for Americans,” said a U.S. source briefed by Homeland Security officials. According to latest reports, the proposal, which is a part of the “Buy American, Hire American” initiative from Trump’s campaign is being drafted by the leaders of Department of Homeland Security.

What are H-1 visas?

The US H-1B visa is a nonimmigrant visa that allows certain graduates to enter the US and work as professionals in various fields like IT, architecture, medicine, engineering, science, accounting, and finance. As long as the visa holder is a graduate and has a Bachelors in the mentioned field, they are eligible to work for a minimum of 3 years which can be later extended for another 3 years. Unlike other visas, for this, the employer has to petition for it 6 months before the visa is granted. Employers petition for H-1B when there are shortages of highly skilled professional Americans.

Effects of the proposal

This proposal can be actually passed by the Trump administration. If we go by the rules, the proposal is meant for curbing more than just the extension of the foreign employee’s stay. The administration has full authority to amend the rules as the H-1B visas were meant to curb the skilled worker’s shortage in the US and not as a way for visa holders to get immigration status. However, completely denying the extension to all the visa holders will not only send a maximum number of skilled professionals back to their countries but it can also affect the US economy. Many of these workers are small business owners who employ US citizens and help the growth of the country’s economy. Sending them back can result in a downfall which is yet to be analyzed. Some of these previous visa holders are now heading the biggest tech giants in the world. Which is the reason why the administrations before Trump worked in the favor of the visa to get more talent into the country?


Ever since the news of possible changes and additional regulations in the H-1B visa segment came up after a US-based news agency McClatchey’s DC Bureau reported it last month, there are many parties that have voiced their opposition to the same. One comes from the US Chamber of Commerce which said, “It would tremendously be a bad policy to tell highly skilled individuals who are applying for permanent residency and have been working in the US for several years that they are no longer welcome. This policy would harm American business, our economy, and the country,” the chamber said in a statement. “Further, it is inconsistent with the goals of a more merit-based immigration system.” Meanwhile, even certain advocacy groups and lawmakers have criticized the plan that could easily self-deport 500,000 Indian Americans and said that such a plan will drain America of talent.

The voice of concern also comes from several congressmen holding office most of whom are of Indian origin. “Imposing these draconian restrictions on H-1B visa holders will tear families apart, drain our society of talent and expertise, and damage our relationship with an important partner, India.” Said Tulsi Gabbard, an influential Democratic Congresswoman. “The proposal could lead to the deportation of an estimated 500,000 to 750,000 Indian H-1B visa holders, many of whom are small business owners and job creators who are helping to build and strengthen our US economy. This brain drain will stifle innovation and decrease our ability to compete in the global 21st-century economy,” Gabbard said.

Another Indian-origin Congressman, Raja Krishnamoorthi put a very important point across. He said while it is important to improve and increase domestic employment, such a proposal can lead to kneecapping of American economy and discouraging companies from making bigger investments in the country. “I hope the administration immediately rejects the proposal,” he said.

No current distress among foreign techies

Currently, many foreign nationals working on the H-1B visa are not worried about the proposal. Many feel that amendment of the H-1B visa law and introducing new regulations is being done to strengthen the process and is not against visa holders as of now. They feel the administration is making good on their campaign promise in 2016 of curbing misuse of H-1B visas. Over the years, IT industry has seen the most number of H-1B visa holders and those who have lived for more than 6 years later go on to apply for Green card, eventually landing a US citizenship. As no big change is made overnight, foreign nationals in the US are currently optimistic about the administration considering how the end proposal can affect the status of current visa holders and their families. This stand on the news of the proposal that has shaken people in good position is a sharp contrast to how the nationals felt once Trump won the election back in 2016. An engineer who has been working on H-1B visa with a hardware giant for over eight years now, says, “There are no H-1B woes really. We (Indian techies) are all at a stage where we don’t want to keep worrying about this. We will see what to do if at all an order gets passed or this proposal becomes law.” Another New York-based executive working in a US-based financial firm mentions “Nothing related to H1B is being prominently reported and they are looking at immigration issues at a holistic level. Sometimes the H1B issues are seen by the liberals as a tool for filling technology requirements, while for the right wing conservation side, it is seen as something that is being misused by foreigners, specifically Indians.” Some also feel the step is being taken considering the Indian IT industry that misuses the visa regulation to get cheap labor working in the US, something the industry still denies.

The USCIS (the United States Citizenship and Immigration Services) can approve more than 330,000 visas each year and this year alone validated more than 680,000 by April 2017. A big share of these visas goes to the Indians which makes this proposal stressful for the techies living in the US. 82% of the H-1B visas are given to Indians which is why this proposal is more likely to affect the whole foreign Indian professionals living in the US. A total of 2,237,478 H1B visas from 2007-2017 were given to Indians alone and 302,293 of those were in 2017. The effects of such changes on the foreign nationals are something to be established once and if the proposal goes to the floor for approval.

About Author:
George W. Abbes is one of the top immigration lawyers in the US with over 30 years of experience in Immigration law and Criminal defense




AG Sessions on Denied Asylum Claims, Immigration Lawyer in Orange County

AG Sessions on Denied Asylum Claims, Immigration Lawyer in Orange County

A top-rated immigration lawyer in Orange County talks about the recent speech by the AG Sessions in the U.S. Immigration Court. A good amount of time was spent on the topic of claims denied for asylum in the country. It was asserted that the U.S. Immigration system was being overloaded by “fake” claims, a statement which wasn’t supported by any statistical or valid proof. The numbers cannot even be collected considering that the acceptance or rejection of a claim is mainly based on the applicant’s own account of what consequences are likely to occur. More than half of the candidates are rejected in the U.S. Immigration court but it does not necessarily mean their claims are fake. However, with the denial rates going up, one might believe the fake claim numbers to be on the rise.

Usually, many of these applicants are denied claims on the basis of many points.

  • Were a victim of widespread violence but cannot express the experience or connect it to some race or religion.
  • They spent too long in some other country while on their way to the U.S.
  • Mistakenly testified with minor or even a few discrepancies which usually leads the judge to find them “not credible” as an applicant.
  • Are a part of the group with violent blood history (part or guerrillas) which may lead to complete rejection for safety reasons or
  • They did not file an application before a year of arriving in the U.S. and are without any exception rule.

Most of these times, immigrant lawyers are said to be supporting and encouraging claims that have no basis for providing reasons and proper words of expression to be considered. However, a point to note is that when an applicant enters the country through the borders or the airport, it is solely on the basis of their reasons to immigrate or compelling case that the border officials even allow them to enter the country. Before this, there is no way a lawyer can be contacted by the applicant.

Another point to be noted is that the speech did mention that applying for asylum in the U.S. has no costs but rewards for meritless cases. Application for asylum does not require any cost, it is true. It is also true though that one cannot get anywhere without an immigration lawyer. With the immigration Court, Federal Circuit Court, immigration Board of Appeals etc. the applicant has to spend thousands of dollars in legal fees. This can definitely be avoided if a lawyer considers a case as a pro bono but that only happens if the case has enough stand and chance to definitely win at court. Realistically, such cases are rare.

An immigration lawyer does everything they can to ensure their clients get the outcome of their future they deserve. For this, it is essential to choose the right lawyer to advocate your case. George W. Abbes has been in the field of immigration law for 30 years now and has been able to provide justice for all his clients. In case of any consultation feel free to contact us anytime.

immigration lawyer for change of status

Immigration Lawyer for Change of Status in USA Speaks on Change of Status to F1

Renowned immigration lawyer for change of status, Mr. George W. Abbes recently spoke on change of status to F-1, it’s needed, who should apply for it and what will be the documents needed. This information would surely help scores of aspirants who have dreams of staying legally in the US and pursuing a quality education.

Starting off with explaining who is an F-1 student, Mr. Abbes said “An F-1 student is a non-immigrant who is pursuing a full course of study with an aim to achieve a certain professional or educational objective at an academic institution based in the US. Once the course is completed, and the desired objectives are met, an F-1 student is expected to return to his or her own country.”

Elaborating on how a student can get F-1 Status, Mr. Abbes, a reputed immigration lawyer for change of status said “A student can get the F-1 status by making use of Form I-20 which must be issued by a US school where a student is planning to enroll. You can obtain this status in two ways, first is to enter the US with your 1-20 and an F-1 visa obtained at a U.S. consulate abroad and the second is to apply for change of nonimmigrant status if you are already in the US and can’t travel. The application should be made to the USCIS. If you go for the second option, you will be smart to stay in the US until the completion of your course because if you leave the US during the duration, you will need to apply for an F-1 visa at US consulate when you wish to re-netter the US.”

Sharing details on who can apply for change of status to F-1, Mr. Abbes said “Any non-immigrant except C, K, D, M or sometimes J status and those who entered the US as per Visa Waiver Program are eligible for change of status to F-1 if that person has maintained lawful non-immigrant status until the time of the application. If you are a non-immigrant who falls under G, A or NATO status then you need to complete Form 1-566 and make sure that’s endorsed by not only the foreign mission to the U.S. but the Department of State as well.”

Explaining the documentation needed for the process, Mr. Abbes, a reputed immigration lawyer for change of status, said “You need the following documents to ensure that your application is accepted. Be sure only to share authentic documents and not be tempted by forged options as these can be easily detected by the authorities and may land you in prison.”

  • G-1145 which is the E-Notification of Application Acceptance
  • A one-page cover letter explaining why a person needs to get F-1 status. It can include a checklist of documentation included in application
  • USCIS Form I-539 Application to change or extend nonimmigrant status that includes an application fee as well.
  • Proof or financial support such as an assistantship letter or a bank statement.
  • A copy of the admission letter generated by a US University.
  • A copy of F-1 I-20 that has signature on student attestation section
  • Copy of a receipt that confirms payment of SEVIS fee
  • Copies of waiver of the 212(e), if it’s applicable
  • Copies of all immigration documents
Criminal Immigration Lawyer USA Shares Which Crimes Impact the Chances of a GreenCriminal Immigration Lawyer USA Shares Which Crimes Impact the Chances of a Green Card and HowCard and How

Criminal Immigration Lawyer USA Shares Which Crimes Impact the Chances of a Green Card and How

Committing a crime will obviously make a person less preferred for a permanent resident status. criminal immigration lawyer USA, Mr. George W. Abbes recently shared his thoughts on what crimes impact the chances of a green card. Reading it will help a person to take the right decision while thinking of applying for a green card.

Starting off with the most hated crimes, drug offenses and crimes involving moral turpitude, Mr. Abbes said “In most of the cases that are related to illegal drugs, you will become inadmissible. Similarly, if you are convicted of a crime that involved moral turpitude, you are likely to be inadmissible. Some crimes that are listed among this category are stealing, murder, domestic violence, fraud or severe violence.”  

Talking about the crimes listed by the Immigration and Nationality Act, Mr. Abbes said “Crimes like kidnapping, human trafficking, terrorism, prostitution and money laundering will likely make you inadmissible.  If you have multiple convictions in which you spend 5 or more years behind the bars, then too you will be considered inadmissible. In most cases, your chances of a green card will lower if you commit aggravated felony like sexual abuse of a minor, rape and specific money laundering or murder.”

Sharing which factors influence the chances of a green card, criminal immigration lawyer USA, Mr. Abbes said “Your age when you committed the crime, the number of convictions you have, the maximum amount of time you might have spent in a jail, the name of the crime and the sentence you received influence your chances of a green card.”

Explaining a few exceptions that may help you to get a Green Card despite having a criminal record, Mr. Abbes said “If you have a conviction for a misdemeanor which is classified as a crime involving moral turpitude and the sentence you got was less than six months then your chances of getting a green card are high. Similarly, if you committed a crime when you were a minor, you are not in jail anymore and five years have passed since you committed the crime then you might be eligible for an exception. An exception called petty offense exception is also there for those of you who were involved in a crime in which the penalty was no longer than a year and the amount of time you actually spent in a jail was less than 6 months.”

Detailing the best way to get a green card even if you were convicted of a crime, Mr. Abbes said “If you were involved in a crime and you still want to increase your chances of a green card then you need to consult with a criminal immigration lawyer USA and share a court disposition slip with him or her as it will provide the lawyer with detailed information regarding your conviction and arrest. Be sure not to lie to your criminal immigration lawyer USA or the USCIS because the organization conducts a biometrics appointment for every green card applicant in which your fingerprints will be taken and sent to FBI. FBI will then dig up all your criminal data and share it with USCIS which will most likely deny a green card just because you lied.”


6 Months more for DACA

DACA Recipients Relax: You Still Have 6 Months

Since the day President Trump decided to end DACA, there has been a lot of panic among the DACA beneficiaries as they fear deportation and removal anytime. If you are also a DACA beneficiary then you need to remember that you have still got time. Even President Trump has tweeted that no action will be taken against DACA recipients till next since months end.

If you are a DACA beneficiary or were hoping to be one then here’s what you need to do

Get all the Papers Ready: Your first step should be to get all the papers ready. These papers should contain proof of the fact that you were a child when you entered the US and hence you deserve to stay here. Never create fake papers or documents as they may land you in a legal trouble that you can’t hope of resolving on your own.

  • Talk About It: Reports are coming in from various parts of the country that say scores of DACA recipients or hopefuls are facing a lot of psychological pressure and they are hesitant to talk about their fears. You shouldn’t mentally torture yourself like this. Instead, you should talk about the situation to a friend or better yet, an expert.
  • Seek Professional Advice: It is also a smart idea to contact an immigration lawyer in USA who can not only ensure that your current fears are removed but also suggests viable paths to stay in the USA. One of the options that can be explored is to ask a family member to petition you for a green card. If you are among the undocumented immigrants then you can explore options like provisional unlawful presence waiver as these options can be your paths to legal status.
  • Act on It: When you agree upon a certain route your immigration lawyer in USA has suggested then you should try to stick to all its requirements. For instance, if your chance to stay in the US can be threatened if you commit a crime then you would be smart to stay away from people with a criminal background as you might be wrongly considered a criminal just because you are hanging around with the wrong people. Other things you must never do are getting involved in violent protests or lying to the authorities or hiding information from your attorney.

While seeking the best immigration lawyer in USA for DACA worries, contact Mr. Abbes, a lawyer with more than 30 years of experience who will help you live your American dream!


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