JMA Firm Attorney Harry J. Joe Presents at Texas A&M University at Commerce
On April 2, 2018, JMA Firm Attorney Harry J. Joe presented "Legal Challenges for Foreign Students at American Colleges and Universities" at Texas A&M University at Commerce. The following is an outline of his presentation. For comments or assistance, contact one of the highly qualified JMA Firm attorneys.
Through a series of Presidential Executive Orders followed by administrative agency substantive policy changes and new procedural memorandums, nonimmigrant foreign students face new challenges in seeking temporary nonimmigrant visas to enter the United States for study and for work. These EOs and PMs implement President Trump's new Buy American, Hire American Executive Order by restricting alien access to temporary and permanent employment visas for jobs that could be performed by American workers and to end a history of well documented abuses and misuses of such visas by domestic employing entities. These abuses and misuses were primarily associated with the B-1, H-1B and L-1B visas.
For F-1 Foreign Students, the challenges include applying for and receiving the F-1 visa, and being able to change nonimmigrant status and extending stay under the H-1B visa category for temporary employment in the United States. Issues relating to sufficiency of the wage offer and whether the offered position qualifies for the H-1B classification dominate adjudications. Moreover, new hurdles exist for those applying for the H-1B visa at the Consulate in their home country.
I. PRESIDENTIAL EXECUTIVE ORDERS
A. Buy American, Hire American (BAHA) E.O. 13788, April 18, 2017
B. Protecting the Nation, E.O. 13780, March 6, 2017
C. Presidential Memorandum (PM) for Enhancing Vetting, 82 Fed.Reg. 16279-81
II. ANTI-IMMIGRATION POLICY MAKERS and ADMINISTRATORS
A. Immigration Policy Advisors to President Trump and ICE
B. Administrative Objectives
III. STATE DEPARTMENT / CONSULAR CHANGES IN VISA ISSUANCE
A. Restrictions for E,H, L, O & P Nonimmigrant Visas
B. Current Intent to Return by F-1 Visa Applicants
C. Finding of Misrepresentation Based on Post Entry Conduct
IV. USCIS POLICY AND PROCEDURAL CHANGES
A. H-1B Substantive and Procedural Changes
Thank you. Your submission has been sent.
JMA Firm, PLLC represents clients throughout the United States and the world. Centrally located in Dallas, Texas, we are never more than a few hours away from personally meeting clients and representing their interests from coast to coast, border to border, and beyond.
Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. [ Site Map ]
Martindale-Hubbell and martindale.com are registered trademarks; AV, BV, AV Preeminent and BV Distinguished are registered certification marks; Lawyers.com and the Martindale-Hubbell Peer Review Rated Icon are service marks; and Martindale-Hubbell Peer Review Ratings are trademarks of MH Sub I, LLC, used under license. Other products and services may be trademarks or registered trademarks of their respective companies. Copyright © 2022 MH Sub I, LLC. All rights reserved.