Hello, clients and friends of the firm. Happy New Year! It looks like 2018 will be another very interesting year for immigration lawyers.
You may be getting questions about news reports regarding discussions within the Trump Administration of how to eliminate H-1B extensions beyond 6 years for individuals from China and India, who have a long wait for an immigrant visa (green card). These reports are causing a lot of concern for employers and individuals who would be affected.
The H-1Bs extensions past 6 years are set forth in statute. So it would require at least formal agency rulemaking with notice and comment period, and arguably an act of Congress, to change this provision. If the Trump Administration tries to change it through administrative action, it will be litigated and the challenge will have legal merit.
At this point no proposal has been made and these news reports are drawing attention to the fact that this benefit can’t be changed without at least formal rulemaking if not legislation.
Please feel free to share this update with concerned individuals and organizations.