Employers Impacted By Immigration Changes Under Trump’s First Year

The January 30, 2018 State of the Union became another chapter in President Trump’s ongoing campaign for America to serve its own needs and its people first.  Embodying this ideology, President Trump declared that, “we will follow two simple rules: Buy American and Hire American.”

During his first term, those two simple rules have dramatically changed the immigration process into the United States.  Although Congress has yet to pass immigration reform, President Trump has issued several executive orders that have overhauled the United States immigration system. Trump’s first year has made it more difficult for employers to sponsor or hire immigrant workers and following Trump’s State of Union employers should not expect it to become easier to hire immigrant workers during the Trump’s tenure.

Travel Ban

The President has the power to implement a travel ban if the President finds that the entry of any foreign national or class of foreign nationals would be “detrimental to the interests of the United States.”  In his first year, President Trump signed three executive orders that placed restrictions on travel and immigration into the United States by certain foreign nationals from specific countries.

The first two executive orders were enjoined – given no legal effect – by U.S. district and circuit courts.  However, the Supreme Court has never ruled on the legality of either because the President had replaced each order with an updated version.

Trump’s third travel ban was signed on September 24, 2017, and imposes travel restrictions for certain foreign nationals as a result of a worldwide review conducted by Secretary of Homeland Security. The new travel ban is different than the previous two because it is tailored to the specific conditions in each country, rather than being a blanket restriction on all immigration from a specific country. For example, business and travel visas were suspended indefinitely for immigrants from Chad, but all visas, other than student visas, were suspended for immigrants from Iran.

Trump’s third travel ban has been enjoined by district courts in Maryland and Hawaii, but the Supreme Court allowed the third travel ban to go into effect while travel ban is litigated further. Lower courts have expressed concerns that President Trump’s campaign rhetoric suggests that any travel ban, regardless of how the travel ban is phrased, would be implemented specifically to target and limit Muslim immigration. In contrast, the Trump administration has argued that the third travel ban does not target Muslims, but rather, is based on the Secretary of Homeland Security’s worldwide review.

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Diversity Visa Lottery

Overview

The Department of State distributes 50,000 visas through a lottery system to foreign nationals from countries with historically low rates of immigration to the United States. The Diversity Visa (DV) is meant to promote a diverse immigrant population and is not available to foreign nationals from “high admission” countries. A country is considered “high admission” if 50,000 or more people born in that country have immigrated to the United States under family or employment-based visa categories in the past five years.

The Department of State divides the world into six regions: Africa, Asia, Europe, North America, Oceania, and South America, Central America and The Caribbean. Not every country within a given geographic region satisfies the DV requirements and foreign nationals should check the latest eligibility list before applying.  The Department of State’s website lists all eligible countries and any changes for each lottery cycle.

An applicant may be residing in any country, including the United States, at the time of applying for a DV. Further, foreign nationals residing in the United States under temporary immigration status are not disqualified from entering the lottery. Consequently, a foreign national residing in the United States on a temporary visa may obtain a permanent residency through the DV lottery without having to return to his or her native country.

At the time this article is written any foreign national who meets the requirements may submit an application for the 2019 DV visa between October 3, 2017, and November 7, 2017. Each year the application period occurs once a year, for a one-month period. Any applicant who submits more than one entry in a given year will be disqualified for that year.

Once the deadline has passed, a computer randomly selects 50,000 individuals from all the applicants. No single country may obtain more than seven percent of the available DVs in a given year.

While submitting an application to the DV lottery is free, if a foreign national win the lottery he or she must pay all visa application fees. If the foreign national is ineligible to enter the United States for any reason (i.e. health or security reasons) the foreign national will be denied a DV and all visa application fees will not be refunded.

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