Looking back at 2017, Trump achieved consecutive victories, swiftly fulfilling his campaign promises one by one. As we enter 2018, Trump is pressing his advantage by introducing a major new H-1B proposal. Regardless of the likelihood of this proposal becoming law, it is only a matter of time before Trump tightens H-1B regulations, and the strictest immigration policy is already underway.
According to Fox News, Trump is brewing a new proposal: No longer allowing H-1B (work visa) holders who have exceeded 6 years and are waiting for a green card (having filed Form I-140) to remain in the U.S. to continue working.
The current situation for Chinese nationals in the U.S. is that, due to the increasingly long green card waiting periods, many have already reached the six-year limit of their H-1B visas and are currently remaining in the U.S. through extensions. It is estimated that once this proposal is passed, it will affect the residency of hundreds of thousands of Chinese nationals!
The H-1B visa is the most direct way for many Chinese nationals to remain in the U.S. What does this new proposal from Trump mean for the majority of Chinese nationals in the U.S.? Let us analyze it.
1. Q: What is an H-1B visa?
A: Chinese nationals who wish to stay and work in the U.S. all hold H-1B work visas.
2. Q: What is an H-1B extension?
A: An H-1B is not an indefinite work permit. After the initial H-1B is granted, one can reside in the U.S. for three years, and after those three years expire, one can apply for a three-year extension. The maximum duration for an H-1B visa holder to reside in the U.S. is six years.
In the following situations, one can apply for an H-1B extension after the six-year period expires:
? Within 365 days before the H-1B expires, if the H-1B holder has already applied for a PERM labor certification or an I-140 (green card application), they can apply for a one-year extension beyond the six years while waiting for the labor certification or I-140. There is no limit to such extensions; as long as the immigration application is still pending, one can apply for extensions year by year until the green card is obtained.
? In cases where the H-1B holder's I-140 has already been approved, if they need to wait for an immigrant visa quota due to visa retrogression, the H-1B holder can continue to apply for a three-year extension after the six-year period expires, without the 365-day advance limit.
Many Chinese applicants plan ahead, usually starting their green card application before their first three-year H-1B term expires. This generally ensures they receive an I-140 approval letter before their six-year H-1B term expires, allowing them to continue extending their H-1B while waiting for their green card.
3. Q: How long does it take from H-1B to a green card?
A: The speed of green card processing varies by company; fast ones take a year, while slower ones may drag on for more than 3 years.
Because the number of employment-based green cards allocated to each country is limited, the process for applicants from major immigration countries like China and India usually takes six, seven, or even more than ten years.
Once this new Trump proposal is passed, it will mean: as long as a work visa holder has reached the 6-year limit and still does not have a green card, even if they are already in the application queue, they must leave the United States!
Therefore, with the H-1B time limit closing in, the path for Chinese nationals to stay in the U.S. is becoming increasingly difficult. In 2017, Trump already proposed setting a salary threshold for H-1B visa applications, requiring a minimum salary of over $100,000 for H-1B holders. Furthermore, Trump has also proposed canceling H-4 work visas for H-1B spouses, bringing more financial and life pressure to many H-1B visa holders working in the U.S.
"America First," "Hire American, Buy American"... Trump is taking bold steps to make America stronger, and all of this has led to the best era for Americans, including new immigrants, under the leadership of the "greatest U.S. president." However, those "new" immigrants who are gazing across the ocean and have not yet landed in America are even more worried.
Just as we enter 2018, the Trump administration has dropped such a bombshell. As the centerpiece of Trump's agenda following tax reform, how will "immigration reform" unfold? Where should those who hold the American Dream go?
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