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  1. USCIS Assault on H-1B is Part of Trump's Larger Attack on Both Legal and Illegal Immigration in Pursuit of White Supremacist Agenda. Roger Algase

    Back in January of this year, a former bankruptcy lawyer turned free lance writer by the name of Rudri Bhatt Patel issued a prescient warning that Donald Trump's attacks on so-called "undocumented" immigrants, as shown in his cancellation of DACA and plans to build a border wall (to give only two examples), were leading up to an assault on legal immigration as well, including H-1B in particular. See:

    The Immigration Issue No One Is Talking About

    She wrote:

    "While DACA and building a border wall are both measures that focus on illegal immigration, the H-1B executive order throws darts at those individuals who are in this country legally, as passive-aggressive move very few are talking about. Given Trump's track record, every immigrant must ask the question: 'Am I next?'"

    Then, after referring to Trump's "racist rhetoric" she added:

    it is impossible to ignore a president who works toward one goal: To corrode America's melting pot."

    Patel continued:

    "Attacking H-1B visa holders is another extension of this anti-immigrant policy. And just because it isn't well documented or publicized in the media, doesn't mean its impact is less important."

    She also warned:

    H-1B visa holders need to remain vigilant. If DACA is overturned, then it is only a matter of months before the administration turns its attention to creating an environment unfavorable to legal immigrants. Already the process to an H-1B visa is more stringent. The administration is increasing 'requests for evidence' (RFE's) for applicants, thus making the process longer and deliberately more cumbersome."

    As I mentioned in my own May 2 Immigration Daily comment, I will shortly be giving examples of this from my own H-1B practice. These examples will confirm Patel's next statement:

    "Those attorneys who represent [H-1B] applicants... state that many of the additional requests are unwarranted and unjustified and simply a way to stall the process and make it more expensive for American employers to hire foreign workers."

    And she concludes:

    "With an increase in RFE's, obtaining an H-1B visa is turning into more of a dream than a reality."

    Patel's article was a wake-up call to an immigrant advocacy community which, during the past 15 months since Trump took office, has largely been fixated on arguably more spectacular stories about Gestapo-like ICE arrests of "undocumented" immigrants at schools and hospitals, threats to lock up sanctuary city or state officials for not towing the line in support of Trump's mass deportation agenda; and, most recently, Trump's rantings and calls to use the National Guard against a "caravan" of 100 or so desperate women and children who are allegedly "overwhelming" the United States by legally seeking asylum from intolerable violence in Central America.

    Patel's article is also an alert to a complacent media which gives just as much importance, if not even more, to stories about Trump's (now admitted) direct or indirect hush money payments to Stormy Daniels, than to a program aimed at barring and expelling tens of millions of both legal and illegal immigrants from United States in support of a white supremacist agenda that could affect America's racial demographics for many years to come.

    However, before turning to the details of of this agenda, it is important to note that Trump's assault on the H-1B program is becoming much wider than merely the increase in biased and politically motivated RFE's referred to in Patel's column. It now includes plans to end work permits for H-4 spouses, de novo review of what used to be routine H-1B extension requests, and most ominously of all, threats to redefine both "specialty occupation" and the employer-employee relationship in ways which could, very possibly, signal the end of the H-1B visa as we now know it.

    See my discussion of USCIS director Cissna's April 4 letter to Senator Charles Grassley (R-Iowa) one of the fiercest and most long-standing opponents of the entire H-1B program, in my May 2 Immigration Daily comment.

    With regard to Trump's overall white supremacist anti-immigrant agenda, of which his attack on H-1B is just one part, see:

    This article also contains a direct link to a February 6 Washington Post story:

    Trump immigration plan could keep whites in U.S. majority for up to five more years

    The Post's article estimates that merely by eliminating extended family immigration (which Trump and his supporters refer to by the openly racist term: "chain migration") and the diversity visa lottery, entry to the US could be cut off for up to 20 million legal immigrants, mostly of them black and Hispanic, over the next four decades. The paper writes:

    "'By greatly slashing the number of Hispanic and black African immigrants entering America, this proposal would reshape the future United States. Decades ahead, many fewer of us would be nonwhite or have nonwhite people in our families' said Michael Clemens, an economist at the Center for Global Development, a think tank that has been critical of the proposal. 'Selectively blocking immigrant groups changes who America is. This is the biggest attempt in a century to do that.'"

    Cutting off most or all H-1B workers, many of whom are from India, China and other Asian countries, as part of a concerted attack against skilled and professional immigrants and employment-based immigration in general would greatly add to the total of non-white immigrants who would be barred from entering the US legally during the coming decades. This would extend white dominance in America's demographics even further into the future.

    Anyone who thinks that this is not one of the main reasons, if not the most important reason of all, behind Trump's assault on the H-1B visa program may have been concentrating too much on the Stormy Daniels headlines. For those who care about the present and future of legal immigration in America, it is time to focus on other news.
    Roger Algase is a New York immigration lawyer and a graduate of Harvard College and Harvard Law School. Roger has been helping mainly skilled and professional immigrants from diverse parts of world receive H-1B visas and other work visas and green cards for more than 30 years. Roger's email address is

    Updated 05-09-2018 at 09:50 AM by ImmigrationLawBlogs

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