Recent developments in US immigration law impacting businesses and individuals

25 October 2019

One of the primary areas of focus of Donald Trump’s presidency has been to restrict both legal and illegal immigration to the US. The first three years of his presidency has seen, among other developments, the travel ban from mostly Muslim-majority countries, the family separation border policy, and the “Buy American and Hire American” executive order which has had significant impact on the adjudication of professional work visa applications. This focus on restricting immigration continues and is summarised below:

Closure of international USCIS offices

In August the Trump administration announced it would close most of its 23 international USCIS (US Citizenship and Immigration Services) offices, including the office at the US Embassy in London. The first closures took place in September 2019 with the balance set to close before August 2020.

The closures are likely to lead to overseas Americans and their family members being required to file their applications with domestic USCIS offices, where processing times are significantly longer. For instance, the processing time for an application for a green card (immigrant visa) for the spouse of an American citizen will increase from approximately six months to up to 18 months.

Expanded public charge rules

The Trump administration also announced a new proposed rule on public charge inadmissibility which was set to come into force in October. Days before the rule came into force, a number of federal courts issued injunctions preventing the government from implementing the new rule.  The proposed rule, which may ultimately be implemented depending on the outcome of the court cases, would lower the legal standard for making a public charge finding and would significantly expand the circumstances under which immigration authorities may deny a visa or green card to an applicant who is likely to use certain public benefits in the future. In addition to requiring a US sponsor to meet certain financial thresholds, the new rule would also require many green card applicants themselves to meet other financial thresholds, significantly increasing the financial resources a family must demonstrate for an applicant to qualify for a green card.

Unaffected by the court injunctions is a separate presidential proclamation regarding health insurance set to come into force on 3 November. Pursuant to the proclamation, applicants seeking immigrant visas outside the US will be required to demonstrate they will be covered by approved health insurance within 30 days of entering the US, or that they possess the financial resources to pay for reasonably foreseeable medical costs. In addition to presenting an additional financial burden, this new requirement will subject new immigrants to the logistical burden of applying for US health insurance from abroad.

New statistics

These announcements come as newly released statistics show a continued increase in visa petition denials and the issuance of Requests for Evidence (RFE). For instance, from 2015 to 2019 the approval rate for L-1 intracompany transfer petitions dropped from 84% to 72% and the rate of RFE issuance increased from 34% to 54%, meaning that more than half of all L-1 petitions now receive pushback from USCIS, even before visa applications are adjudicated at embassies and consulates.

These developments, in conjunction with additional anticipated changes, promise to further complicate the US visa and immigration process.

London office, US immigration team

Article featured in the October edition of London Business Matters.


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