The November 4 midterm election results have sparked renewed debate. The question is immigration enforcement will become more lenient or more stringent.
Immigration attorneys from Reddy Neumann Brown PC expect leniency. A shift in control of the House to the Democrats could lead to increased oversight of USCIS and ICE.
They expect more congressional hearings on delays in naturalisation and visa processing suspensions. As well as regarding controversial detention operations across the country.
However, control of the Senate remains uncertain. The President’s executive powers continue to drive most immigration policy changes.
H-1B workers approaching the six-year limit without PERM filings have alternatives. Attorneys suggest self-petitioning under the EB-1A or EB-2 NIW categories.
Other options include switching to H-4 status with an EAD or transitioning to F-1 status. Applicants can even spend a year outside the country to reset the eligibility period.
Attorneys warn against filing H-1B petition while an H-4 change-of-status application remains pending. That can trigger Requests for Evidence (RFEs) and potentially lead to denials.
The Mid-Term Democrat victory is a step towards immigration reliefs. However, until Trump stays in power, NRI lives in the US will remain difficult.
