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9Feb, 17

Over the past few days we have received calls from some our existing and new clients expressing their confusion whether or not they should file H1B Petitions in the upcoming Cap. The concern is understandable but not well grounded due to lot of rumors floating around referring to President Trump’s recent Executive Order banning refugees from 7 Muslim nations and new H1B bills from Congresswoman Zoe Lofgren and others.

I have known Congresswoman Zoe Lofgren (currently a ranking Member of the House Judiciary Immigration and Border Security Subcommittee) since 2000 when I had an opportunity to meet her for the first time on the Hill in Washington, D.C. I was so impressed by her to see her passion for immigrants whose interests she has protected as a successful Immigration Attorney having served for two years as a partner at an immigration law firm in San Jose. It is that passion of her with which she introduced a legislation to defund and rescind President Donald Trump’s executive order banning travel from Muslim countries and suspending the refugee program. She said, “As a nation of immigrants that has been a refuge for people from around the world, these actions are contrary to who we are as a nation. Trump’s Order not only harms our families and our economy, it betrays our core values and it makes us less safe. The Statute of Liberty Values Act states that President Trump’s Executive Order will have no effect or force of law and states that no funds or fees shall be used to implement the Order.”
She was the biggest supporter of the DREAM Act, which would let young people who were brought to the U.S. as children come forward, register, and regularize their legal status. Her web site refers to her pride wherein it states “…. Rather than expelling brilliant, highly-skilled students and entrepreneurs to compete against us from overseas, we should attract the best and brightest minds who want to help America succeed.”

If that is what she brings with her, the fear that she would bring the H1B reforms to upset the status quo is not fair and should not bring immediate cause of concerns for many. Her proposed bill introduces many positive changes to current H1B regulations such as: proposing a significant increase in the number of immigrant visas to India and China with no automatic increase to salaries for ALL H1B Non-Immigrants and 20% of the H-1B quota to be reserved for employers with 50 or fewer full-time employees. There is no certainty at the moment that the bill will be approved in its current shape.

Therefore, the cause of concern and fear that currently circulates in air does not have any firm basis and should not discourage anyone from making use of the upcoming Cap. Nothing stays forever and so will this time as well. Over my long span of almost 18 years handling U.S. Immigration matters, I have seen Immigration laws, procedures and processes overhauled multiple times worrying many but each time the fear of change sustained for only a very minimal period and it survived and continues to strive and thrive with Immigration scenario becoming more vibrant and joyful bringing joy to millions of immigrants. United States is the land of immigrants and its every nerve is filled with blood and sweat of immigrants that makes this nation as the most successful nation on this earth. United States cannot survive without that spirit and sacrifice of millions of immigrants. The current uproar against president Trump’s Executive Order is the testimony of that belief. United States and the immigrants are the 2 faces of the same coin that will continue to coexist until eternity. Long Live both.

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