I can’t tell you how many times I am asked about “new requirements” for H-1B or the status of the H-4 EAD or the validity of the OPT STEM extension. There are rumors flying about the impact of the Trump Administration on employment-based immigration. I’m here to tell you that NOTHING has changed, except for the temporary suspension of premium processing.
Yes, there are proposals out there, new bills introduced, changes to regulations being considered, ongoing litigation, the list goes on and on. This is nothing new. Maybe everyone is just more aware of it thanks to the internet and social media. The list of what has changed is a whole lot shorter than the list of what hasn’t changed. The only change to employment-based immigration so far is the suspension of premium processing for H-1B petitions beginning April 3rd.
This has created a huge panic where everyone wants to file their H-1B extensions early so that they can use premium processing. Just remember, this is not the first time that premium processing has been suspended and it is temporary. USCIS indicated that the suspension may last up to 6 months and the reason for the suspension is to improve processing times. USCIS previously suspended premium processing for H-1Bs in May 2015 when the H-4 EAD was introduced, and they re-introduced it in July 2015. They also generally delay the start of premium processing for cap-subject H-1Bs each year. They also suspended premium processing of I-140 petitions for a time back in 2007, also to improve processing times.
Just because something has been proposed, let’s not assume the worst. Many of the same proposals out there today have been proposed again and again over the last decade.
There has been no change to the way H-1B petitions are adjudicated, no change to the requirements for OPT STEM extensions, no change to I-140 processing, no change to PERM labor certifications, no change to H-4 EADs, no change to Adjustment of Status.