B. Interviews are Now Required for Employment-Based Greencard Applicants
The Buy American/Hire American order also inspired the recent decision by USCIS to re-institute interviews for employment based greencard applications after decades of not requiring such interviews.
The rationale for reinstituting the interview requirement is to mitigate the risks of fraud the Administration insists has infested the legal immigration applications process, but the evidence of fraud in the system is scant. What the reinstitution of interviews is likely to accomplish, in practice, is merely to lengthen green card processing substantially for the most skilled applicants by months and, maybe, even years.
C. Hire American and its Effect on Consular Processing
The implementation of the Buy American/Hire American directive has also resulted in an increase in consular officers’ denying otherwise viable visa applications, or requesting additional information to show the bonafides of the offered position, including that an effort was made by the American employer or investor to hire Americans for the offered position.
To impose a recruitment requirement is wholly in contradiction to current law, but insofar as consular determinations are virtually unreviewable, and denials can be couched in the vaguest terms, the room for gross abuse is vast.
The Take Away:
- We can expect a higher number of challenges and denials and a resultant increase in court challenges to USCIS policies designed to restrict all forms of immigration;
- The Administration is not only targeting undocumented labor, but is just as aggressively targeting highly skilled and educated foreign nationals.
- Executive orders, many of which have little basis in considered study, are having a material impact on how enforcement agencies are implementing policies on the ground. Adjudication abuses are likely to proliferate while it is unlikely that the Administration will take meaningful steps to address such abuses.
- The Trump Administration is likely to raise even more administrative barriers to legal immigration so that the process becomes much longer, more onerous, and even less predictable.
About the author
Robert Ian Goodman, Esq. represents clients worldwide in the areas of complex commercial immigration and international and domestic commercial law. Mr. Goodman also provides general counsel services to entrepreneurs and start-up businesses and counsels foreign businesses interested in establishing a presence in the U.S. marketplace and U.S. businesses interested in expanding abroad. Mr. Goodman is principal of Goodman Immigration. He is also Special Counsel to the international boutique law firm, Sharma & DeYoung LLP ("S&D"), where he directs the firm's commercial immigration practice. He also co-chairs that firm's Technology and Emerging Companies Practice Group and is a member of S&D's Commercial Litigation and Arbitration Practice Group.Website