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Law For Life

U.S Immigration-What to expect in 2019


With a lot going on today in the United States over the issue of immigration, the American people are looking forward to seeing some actions taken and policies introduced which would be in line with their beliefs and wishes. Below we are discussing what is most likely to be the fate of some issues related to the U.S Immigration policy. 

Policies for asylum seekers

Many asylum seekers, under the Trump administration, have undergone rejections and faced unfair treatment as a consequence of the President's executive order which altered the basis of their application approvals. Fortunately for them and prospect applicants, in 2018, December, a district judge ruled in their favor, stating that the former attorney, Jeff Sessions, had ripped most victims of oppression off fair chances at gaining asylum in the U.S.


A 4 to 5 vote has been proposed by the Supreme Court to end the asylum ban; it is still probable to face lawsuits in 2019. There's more; questions regarding the procedure and likeliness of approval of applications by Central American asylum seekers-who are required by Trump's new, prominent policy to stay in Mexico until they receive a decision on their case-are likely to be discussed and answered in the courts. 


DACA 

Despite attorney Jess Session's orders of putting an end to DACA in the U.S back in September, 2017, the policy is still underway, with the USCIS reviewing renewals of previously granted work permits and deferred actions and accepting new applications as well.


2019 may be the year in which the final decision about DACA and dreamers will be declared by the courts. 

Employers and their employees (holders of H-1B visas) 

After being elected as President, Donald Trump and his administration have not passed any favorable orders for employers and their foreign born employees. Instead, the USCIS is unified in considering highly skilled immigrant professionals as threats to the native workforce rather than as strengths to the economy of the country. A stricter approach has been acquired towards the evaluation and issuance of H1-B visas which has instilled in foreign born professionals a fear about the security of their jobs and visas.


The process has been made unnecessarily daunting, with a substantial increase in denials-a 41% increase was observed in 2017, thanks to the President's 'Buy American & Hire American' order. In addition, new H1-B regulations are to be passed before the end of 2019 which will include modified requirements and qualities defining an occupation for it to be considered a 'specialty'. 


This trend is expected to continue in 2019, as little to no incentive is being provided to the current and potential H1-B visa holders. 


The Per-Country Limit Bill: 

The purpose of this bill is to transition from setting quotas for every country towards adopting a different approach for employment-based immigrants. A first-come-first-serve method will be practiced-regardless of the origin of these immigrants-which will provide a cushion to immigrants, especially Indian, from the long waiting periods they have to go through to earn green cards.


This bill has passed successfully through the House before but seeing if it passes through the Senate in 2019-20 will be the deciding factor of its fate. 

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