Josh Pugh and Zjantelle Cammisa Markel discussed immigration concerns under the new Trump administration. They highlighted the importance of separating rhetoric from reality, noting that while executive orders can enforce existing laws, they can be challenged in court and they reviewed the impact of previous administrations, such as the Obama and Trump administrations, on deportations and visa policies.
Specific issues included wage level increases, specialty occupation definitions, and the introduction of stricter public charge rules. They emphasized the importance of early preparation, proper documentation, and consulting with immigration attorneys for strategies like alternate wage sources and visa extensions. They also discussed the benefits of citizenship and the potential for travel bans.
Introduction
- Josh Pugh introduces the meeting's purpose: addressing immigration questions and concerns under the new administration.
- Josh mentions the recording of the meeting and the availability of the recording on YouTube for future reference.
- Josh emphasizes that the meeting is for guidance and not legal advice, urging participants to consult legal professionals for individual situations.
- Josh introduces Zjantelle Cammisa Markel, highlighting her extensive experience and contributions to the immigration community.
Separating Rhetoric from Reality
- Josh and Zjantelle discuss the rhetoric surrounding immigration laws, such as the largest deportation program and strict vetting.
- Zjantelle explains the powers of the president and the role of federal agencies in enforcing laws.
- Zjantelle provides historical context, comparing the Trump and Obama administrations' immigration policies and enforcement.
- Zjantelle clarifies that the president cannot create new laws but can issue executive orders and proclamations to enforce existing laws.
Impact of Previous Administration's Policies
- Zjantelle discusses the impact of the Trump administration's policies on deportations and the focus on individuals with criminal backgrounds.
- Zjantelle explains the role of the Department of State, USCIS, CBP, and ICE in immigration enforcement.
- Josh and Zjantelle emphasize the importance of understanding the specific roles of these agencies to avoid unnecessary fear.
- Zjantelle highlights the courts' role in interpreting and limiting executive orders and proclamations.
Visa Application Process and Challenges
- Zjantelle explains the difference between applying for a visa at a consulate and filing a petition with USCIS.
- Zjantelle discusses the impact of the Trump administration's policies on H-1B and E-3 visas, including wage level one RFEs and specialty occupation RFEs.
- Zjantelle provides strategies for dealing with RFEs, including alternate wage sources and alternate visa options.
- Zjantelle emphasizes the importance of being prepared and having a strong case when applying for visas.
COVID-19 Impact on Visa Processing
- Zjantelle discusses the challenges of processing visas during COVID-19, including consulate availability and travel restrictions.
- Zjantelle provides examples of how different consulates have been affected by COVID-19 and the importance of planning travel accordingly.
- Zjantelle highlights the importance of having a backup plan for visa processing and being flexible with travel arrangements.
- Zjantelle emphasizes the need for continuous monitoring of consulate availability and travel restrictions.
Prevailing Wage Increases and Their Impact
- Zjantelle explains the concept of prevailing wage and its impact on visa applications.
- Zjantelle discusses the Trump administration's initiative to increase prevailing wages for H-1B and E-3 visas, leading to significant wage increases.
- Zjantelle provides strategies for dealing with wage increases, including alternate wage sources and alternate visa options.
- Zjantelle emphasizes the importance of being prepared and having a strong case when applying for visas during periods of wage increases.
E-3 Visa Specifics and Renewal Concerns
- Zjantelle discusses the E-3 visa as a specialty visa for Australians and its advantages over the H-1B visa.
- Zjantelle addresses concerns about the impact of having U.S. citizen children or a U.S. citizen spouse on E-3 visa renewals.
- Zjantelle provides examples of clients who have successfully renewed their E-3 visas despite having U.S. citizen dependents.
- Zjantelle emphasizes the importance of proper preparation and representation for E-3 visa renewals.
O-1 and L-1 Visa Changes
- Zjantelle discusses the impact of the Trump administration's policies on O-1 and L-1 visas, including the rescinding of the deference memo.
- Zjantelle provides strategies for dealing with increased scrutiny on O-1 and L-1 visa renewals, including filing early and ensuring strong cases.
- Zjantelle emphasizes the importance of having a strong petition and being prepared for increased scrutiny.
- Zjantelle highlights the need for continuous monitoring of visa policies and being proactive in filing applications.
Green Card Application Process and Challenges
- Zjantelle discusses the stricter application of the public charge rule and the requirement for green card interviews under the Trump administration.
- Zjantelle explains the impact of the public charge rule on green card applications, including the need for additional documentation.
- Zjantelle provides strategies for dealing with increased scrutiny on green card applications, including early filing and proper preparation.
- Zjantelle emphasizes the importance of being informed and having a strong case when applying for a green card.
Citizenship and Travel Bans
- Zjantelle discusses the benefits of citizenship over a green card, including increased protection and the ability to vote.
- Zjantelle explains the impact of travel bans on visa applications, including the need for additional documentation and potential delays.
- Zjantelle provides strategies for dealing with travel bans, including early planning and proper preparation.
- Zjantelle emphasizes the importance of being informed and having a strong case when applying for visas or green cards.
Final Thoughts and Resources
- Josh and Zjantelle emphasize the importance of education, preparation, and planning when dealing with immigration issues.
- Zjantelle encourages participants to reach out to professionals for guidance and to avoid unnecessary stress.
- Zjantelle provides additional resources, including her Instagram account, for continuous updates and support.
- Josh and Zjantelle conclude the meeting by encouraging participants to stay informed and proactive in their immigration planning.
