MurthyChat Transcript from Jan 30, 2017: The President’s Executive Order

Are Indian immigrants being stopped and verified at domestic airports in USA? Can we travel around the USA?

Answer

Domestic travel would not involve inspection at a CBP border checkpoint, so should not be an issue.

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I am a GC holder and currently on vacation in India. Does the recently signed executive order affect me?

Answer

India is not one of the countries presently encompassed by the executive order, although the situation is very fluid.

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We are undergoing the EB3 green card process, we have our EADs and travel to India using our AP. Has there been any change in that process?

Answer

There have been purported draft executive orders circulating that eliminate some forms of parole. Advance parole does not appear to be presently involved in these draft orders.

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Is it true the H-4 EAD rule is changing?

Answer

This is unclear. Elimination of the H-4 EAD would require Congressional action, or a long formal rule-making process, so it would not happen immediately.

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Can the President exercise executive action to immediately send H1B workers to their country of origin?

Answer

This would not be possible. The President’s powers are limited – he cannot violate the provisions of the Immigration and Nationality Act, which are written by Congress, and define how and why persons can be removed from the U.S. – this is not subject to the President’s discretion.

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Does the current situation impact any RFEs on H1B transfers?

Answer

It is not clear that any of these would be affected, unless one is from a listed, restricted countries. Such persons may experience delays in adjudication.

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Has the visa interview waiver program (drop box) been canceled after the executive order?

Answer

It appears that ALL visa stamping will now require an in-person interview, so the drop box program is likely gone.

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Is there any elevated risk of getting H1B stamping for Indian residents after executive order?

Answer

This is not affected by any of the executive orders. We have been seeing a higher rate of 221(g) refusals, however, even before these orders. Greater scrutiny is possible if the new administration chooses to do so.

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Will the F-1 OPT be impacted?

Answer

This is unclear. There have been rumors of potential changes to the STEM OPT program. However, STEM OPT is a formal regulation, and would require action by Congress, or a (lengthy) formal rulemaking process.

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Is there an executive order for increasing minimum H-1 wage to $110k?

Answer

No, none of these orders would raise the minimum salary of H1B workers.

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What would be your advice with regards to travelling overseas in the coming months while on visas like H1B, L-1, etc?

Answer

In truth, I would consider delaying non-essential travel. The situation is extremely unsettled currently, and we are unsure what changes might occur with little or no warning.

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My parents have B-2 visitor visa interview on 15 Feb. Will any of this current immigration affect their interview?

Answer

None of the executive orders directly affect a B-2 interview.

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