Is it true that Trump is sending memos to USCIS to deny H-1B extensions beyond 6 years and send back all H-1B immigrants from India as per this article?
This administration is certainly unfriendly to immigrants, and as we’ve seen over the last year, will do as much as it can to harm immigrants, highly-skilled, undocumented, and everything in between.Please take comfort in the fact that we do have a system that includes a balancing of powers among the Executive Branch, the Legislative Branch, and the Judicial Branch.The ability to extend the H-1B beyond 6 years stems from the American Competitiveness in the Twenty-first Century Act of 2021 (AC21), passed by Congress (our legislative branch). The executive branch, which includes the President, does not have the power to create laws, that falls to the legislative branch. The president carries out federal laws and recommends new ones. Congress’s main task is to make the laws. A major change to the AC21 would require an act of Congress.You may ask, but what about all those programs he’s scrapped? Deferred Action for Childhood Arrivals (DACA)? Employment Authorization for H-4 spouses? Those programs did not stem from Congress, they stemmed from Obama-era Executive Orders. Unfortunately, #45 does have authority there.An executive order is a directive from the President that has much of the same power as a federal law. However, where these orders appear unconstitutional, the Judiciary branch can step in, as it has in the case of the Travel Bans: https://www.washingtonpost.com/w...In my opinion, the economic power and influence of FANG, or FAANG, or FAAMG (if you like) would render this kind of change political suicide.EDIT on January 9, 2018January 9, 2021. In a news update on January 8, 2021. the McClatchy DC news service reported that the U.S. Citizenship and Immigration Services (USCIS) has stated that it not considering a regulatory change to the H-1B extension rules, as had previously been reported in a December 30, 2021 article by McClatchy DC. In particular, USCIS stated to McClatchy DC that the agency is not considering changing its interpretation of section 104(c) of the American Competitiveness in the Twenty-First Century Act (AC21), which provides for H-1B extensions beyond the six-year limit for H-1B workers who have reached certain milestones in the green card process. USCIS went on to note that “such a change would not likely result in these H-1B holders having to leave the United States because employers could request extensions in one-year increments under section 106(a)-(b) of AC21 instead.” USCIS did, however, indicate that the agency is considering a number of policy and regulatory changes to carry out the President’s Buy American, Hire American” executive order, including conducting a “thorough review” of employment-based visa programs.