The all-out assault on immigrants has officially been launched by the Trump Administration. This is not just happening at the physical border or against undocumented immigrants already in the U.S. This war is being waged on all fronts:

• U.S. embassies, which are denying and revoking visas.
• Airports and border crossings (known as Ports of Entry, or “POE”), which are removing applicants for entry—sometimes with legal bars attached.
• USCIS, which adjudicates employment-based applications that allow foreign nationals to eventually obtain visas or green cards.

The recent Presidential Proclamations, which seek to price out employers with prohibitively high filing fees ($100,000) on H-1B visa petitions and give priority to ultra-wealthy foreign nationals with the so-called “Trump Green Card,” have grabbed headlines. But they are unlikely to remain in effect due to forthcoming legal challenges.

What no one is talking about is the stealthy way the administration directs its officers to apply the law using vague, “grey area” standards—like “sustained acclaim,” “specialized knowledge,” or “specialty occupation”—as part of their so-called “final merits determination.” Requests for Evidence are skyrocketing, and denials of employment-based green card cases are happening left and right.

Now is the time to take extra precautions. Work with specialized attorneys who are on the front lines of these battles—at embassies and consulates, at airports and border crossings, and at the USCIS service centers that process visa applications. Taking shortcuts, working with “legal service providers” who promise speed and results, or improvising strategy at visa interviews or a POE is like bringing a slingshot to a gunfight. It will not end well.

—
Steve Maggi, Esq.
Founder/Fundador, SMA Law Firm