State Department’s New Social Media Rules for Visa Applicants

State Department’s New Social Media Rules for Visa Applicants

I was quoted in two publications about the State Department’s new proposed requirement for visa applicants to disclose their social media usage for the last five years.

On March 31, I spoke with Quartz on how the new rules are a method for the Trump administration to limit immigration without going to Congress. That article can be found here: https://qz.com/1241916/the-us-just-found-a-new-way-to-delay-visa-applications/.

On April 2, I spoke with the Vietnamese publication Tuoi Tre. The article is here: https://tuoitre.vn/vao-my-phai-khai-tai-khoan-mang-xa-hoi-tranh-cai-kich-liet-2018040210451972.htm.

Times of India: Indian H-1B filings set to drop by 50% this year

Times of India: Indian H-1B filings set to drop by 50% this year

I was quoted in the Times of India on April 4 regarding H-1B filings.

“H-1B visa rejection rates, including for renewals, have risen markedly. Stephen Yale-Loehr, professor of immigration law practice at Cornell Law School, said the number of H-1B petitions that received requests for additional evidence last year increased more than 40% over the previous year. “That trend is likely to continue this year,” he said.”

Read the article here.

China Daily: Spending bill likely to extend EB-5 program again

China Daily: Spending bill likely to extend EB-5 program again

I spoke with China Daily on March 21 discussing the possibility of an EB-5 extension in the coming week.

“It’s expected that Congress will approve another clean extension (meaning no changes) to the current EB-5 program until September 30,” Cornell University law professor Stephen Yale-Loehr said in an interview on Tuesday.

“The investment minimums for the program would have increased from $500,000 and $1 million to $925,000 and a little over $1 million,” said Yale-Loehr. He added that a job creation requirement also would have increased to nine (for $925,000) and 12 (for more than $1 million).

In the end, the prognosis for action (on EB-5) is slim to none. It’s hard to get Congress to do anything that is controversial, especially with the mid-term elections approaching.

The article, by Paul Welitzkin, can be accessed here: http://www.chinadaily.com.cn/a/201803/21/WS5ab267f5a3106e7dcc14547c.html

 

CNN, LA Times, and more: Supreme Court detention case, latest on DACA

CNN, LA Times, and more: Supreme Court detention case, latest on DACA

TIME: When Does DACA Expire? The Supreme Court Just Gave Dreamers More Time

TIME: When Does DACA Expire? The Supreme Court Just Gave Dreamers More Time

On February 26, the Supreme Court ruled to reinstate the DACA program, overruling a March 5 deadline set by the Trump administration for Congress to decide on the fate of the program.

I was quoted in the article, here:

The Supreme Court’s order and the previous judicial rulings keep the Trump administration from ending the program on March 5, but around 100 DACA recipients have been losing their work permits and deportation deferrals every day, notes Cornell Law professor Stephen Yale-Loehr. “The uncertainty is causing problems for both DACA recipients and their employers,” he said. “Today’s ruling throws the DACA program back into Congress’ lap.”

View the article on TIME.com, here: http://time.com/5175496/supreme-court-daca-dreamers-deadline/

The Future of STEM OPT

The Future of STEM OPT

Last year’s ruling on STEM OPT (optional practical training for Science, Technology, Engineering and Mathematics) granted students in those fields a three year post-graduation authorization to work in the United States. This year, the future of that ruling is in question.

Speaking with Bloomberg BNA, I stated that there would surely be a court battle if the program was rescinded. I added that any argument that STEM OPT was somehow illegal would be very dubious. One likely argument ICE could claim is that the regulation is an economic disadvantage to American students. Yet, we’ll just have to wait and see exactly how they go about rescinding STEM OPT, if they do.

I also spoke with The PIE News (Professionals in International Education) to explain the legal case for maintaining STEM OPT:

“A federal court has already held that the Department of Homeland Security had the statutory authority to publish a rule extending OPT to students in STEM fields. The court noted that since at least 1947, the immigration agency has interpreted the immigration laws to allow foreign students to engage in employment for practical training purposes. During all that time, Congress acquiesced to that interpretation.”

The Bloomberg BNA article is at https://www.bna.com/work-program-foreign-n73014470707/. The PIE News article is at https://thepienews.com/news/us-work-restrictions-harmful-to-economy/.