Anticipating Immigration Changes; Best Practices for Foreign National Employees Over the Next 60 Days

With just 60 days until Inauguration Day, we’re preparing for potential shifts in immigration law and policy under the incoming administration.

Based on our previous experience, we anticipate that the incoming administration will have significant implications for immigration law and policy. We can expect possible travel bans, challenges with visa issuance at Consulates abroad, more restrictive interpretations of existing immigration law, increased processing delays and additional hurdles.

We understand this can be an unsettling time for our foreign national friends. As seasoned immigration lawyers, we stand ready to fight for our clients so that our employers can continue to hire and retain the highly skilled workers they need to succeed. 

Below are some important tips and recommendations for foreign national employees to help navigate this period of uncertainty:

• International Travel
  • If you are traveling abroad, we recommend returning to the United States by January 20. Postpone non-essential international travel after this date until we better understand the landscape. We anticipate the return of travel bans, but do not know the timing or scope of who will be excluded. Therefore, it is safer to be in the U.S. to avoid potentially being stranded outside for an indeterminate time.
  • If travel is unavoidable, work with your employer to have a plan in place in case you are delayed in your return.
  • If you have a consular (out of country) approval that you haven’t activated yet, if possible, consider using the next 60 days to travel, attend your visa appointment, and activate your new status by or as close to January 20 as possible.

 

• Premium Processing
  • If you have a petition being filed within the next few months and your employer doesn’t cover Premium Processing, consider paying for it yourself. Having your status squared away for the next 2-3 years should provide peace of mind. And even if there is a Request for Evidence (RFE), it may be better to address it under existing rules.

 

• Employment Authorization Documents (EADs)
  • If you are working pursuant to any kind of Employment Authorization Document (EAD), please be sure your employer’s immigration counsel has you on their radar. Even though EAD applications don’t necessarily require attorney involvement, we still want to know about you, both in order to track your expirations and to be able to advise in case there are developments that may impact you.

 

• Communicate Worksite Changes
  • Especially if you hold H-1B status and your work location (on your LCA) includes your home address, please advise your internal Immigration point person and your company’s immigration counsel before you move. Even if your company’s worksite policy may be flexible about where you can work, more stringent H-1B requirements supersede. While moves within commuting distance are easily addressed through LCA reposting, moves beyond that may require an H-1B amendment petition. With potential increases in worksite inspections, accurate and proactive reporting is essential.
  • F-1 holders should also communicate worksite (including home office) changes to their DSOs.

 

• DACA (Deferred Action for Childhood Arrivals) Recipients
  • If you are working pursuant to a DACA-based EAD (code “C33” on your EAD), we are offering legal consults to discuss options, if any. Regardless of whether your employer is currently a WSM client, feel free to reach out to us for a consult at news@wsmimmigration.com.

 

• Family-Based Green Cards
  • If you are eligible for family-based green cards (through marriage or an immediate relative relationship), now is the time to prepare and file those before policies might change. Regardless of whether your employer is currently a WSM client, feel free to reach out to us for a consult at news@wsmimmigration.com.

 

• Naturalization for Green Card Holders
  • If you already have a green card (are a legal permanent resident), and you may be eligible to naturalize, begin the process now. Certainly, becoming a U.S. citizen affords the greatest protections. After a certain length of time as an LPR – 5 years in most cases, 3 years for spouses of U.S. citizens – permanent residents may apply to become a U.S. citizen through a process called naturalization. Regardless of whether your employer is currently a WSM client, feel free to reach out to us for a consult at news@wsmimmigration.com.

 

If your employer is currently a WSM client and if you have questions on any of these, please contact your internal immigration representative or reach out to us directly.

Also, stay tuned to Weaver Schlenger.  We will continue to report on critical developments as they arise on our website  and LinkedIn.