Changes to US Immigration Afoot

Updated: May 14, 2018  | Tags: ESTA, USA Immigration, USA Visa Requirements

Introduction

While President Trump still dreams about building his wall to prevent USA immigration from Mexico, he is struggling to find financing. Now he is considering using the military budget, servicemen and women; one has to wonder what the military and the good people of America will think about that! Meanwhile, POTUS is determined to make ESTA news by carrying out significant changes to the way in which USA visa availability is determined, particularly with regards to applications for employment and family-sponsored status visas. It is considered that the revised process should work more efficiently alongside procedures already being used by the DOS and applies, specifically, to foreign nationals who would like to become permanent residents, applying for their USA immigration visas at embassies and consulates in other countries. 

How will the revised process affect ESTA?

The revised process states that the applicant must present a copy of their employment contract in a language that is understood by them. It must also be signed by both the employer and the applicant, and, if the contract is not in English, then an accurate, preferably notarized, English-language translation must be attached. The burden of proving eligibility for a USA visa, to the consular officers satisfaction, falls on the applicant who must provide conclusive evidence that they are coming to the US to perform the specific job that is outlined in their contract. The consular officer will now ask questions with regard to the exact terms of the contract, in order to ascertain that the applicant fully understands and is applying specifically for the stated purpose only. 

Reasons why an application can be refused

The ESTA pre-screening, designed to check eligibility prior to boarding a ship or airplane heading to the United States, remains relatively unchanged, except that the follow-up now becomes more difficult, according to USA visa news, when applying for a visa to work or take a prolonged stay, such as with family. There are now several checks in place, including if the applicant has sufficient funds, whether these are provided by the employer or the future employee and that the employer can meet the terms of the contract regarding minimum wage requirements. According to USA immigration news, in the case of a family member wishing to take up residence, the USCIS has now updated its policy on DNA evidence, particularly when primary evidence is either insufficient or unreliable. 

USA immigration news on DNA evidence in support of sibling relationships

There are now set standards for establishing DNA test results, particularly between siblings, to know whether they are full, half or partly related. Currently, the USCIS does not have regulatory authority to demand DNA testing, although this could change at any time. This new policy only allows officials to suggest DNA testing as an option for proof of relationship, when there is the possibility of an application being refused on insufficient evidence. Sibling-to-sibling testing will help to ensure that applicants are genuine and allow the USCIS to accurately ascertain and evaluate whether the application is legitimate. This has been a problem in the past, not just in the USA, and will eliminate the possibility of a number of supposed 'nephews and nieces' joining their ‘uncle’ in America! Of course, if primary evidence is sufficient, then DNA testing is unnecessary. The USCIS policy on parentage testing is unchanged. 

How will this affect skilled workers applying for visas?

Tightening up on USA immigration has positives and negatives - it is important to keep up with ESTA news at all times. However, as we have seen in the United Kingdom, making the USA a less welcoming place for immigrants can have extremely negative results. An example is the British National Health Service, which, since Brexit, has seen the departure of many European Union doctors, specialists and nursing staff. A number of much needed doctors from India were refused visas on the basis that they were not required! Putting America first is important, but so is having essential skills that are not otherwise readily available. As the Trump administration doesn't need Congress to make regulatory changes to overhaul the immigration system, the USA visa news changes quickly through a sequence of barely noticeable moves that, collectively, add up to substantial developments. 

Immigration lawyers have seen the effect of greater scrutiny of applications for visas already. The slowing down of the process, together with higher bars set for many categories, all under the guise of "Buy American, Hire American," appear to have led to so-called "extreme vetting" and the Trump administration is already pledging to put more effort into making changes. These include additional tightening when issuing a USA visa for highly skilled workers and work permits for the spouses of visa-holders. Staying informed about the changes in USA visa news, in the current climate, is now more important than ever.