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Just days before the 60-day deadline in which President Trump suspended the issuance of permanent residence permits for immigrants, the government has announced that the measure extends until the end of 2020 and includes the suspension of some visas that had been excluded in the initial measure.
Types of suspended visas
H-1B Visa:
This category applies to professionals specialized in development projects, collaborative research with the Department of Defense or areas of advertising, who are hired by a US company to provide their services in North American territory, as long as they meet the eligibility criteria established by USCIS. Annually 65 thousand visas of this type are granted, which have a duration of 3 years with possibility of extension; furthermore, they provide coverage for spouses and unmarried children under 21 years old in the application for permanent legal residence.
H-2B Visa:
This visa applies to temporary or seasonal non-agricultural workers, as long as the employer demonstrates that "There are not sufficient US workers who are skilled, willing, available and qualified to perform the temporary work and that it will not adversely affect the wages and working conditions of US workers employed in similar positions." It is usually granted to those who work in restaurants and hotels for short periods according to the demand of the service provided and annually 66 thousand visas of this type are granted in 80 authorized countries.
L Visa:
This category applies to the transfer of executive and managerial employees within the different branches of the same company, or for the transfer of an executive from a foreign company to US soil for the purpose of opening an office.
These visas are for a period of 1 year with possibility of extension up to a maximum of 3 years and like the previous ones, they provide coverage for spouses and children under 21 years old.
J-1 Visa:
In this category are visas for cultural and educational exchange programs, including university students and au pair nannies.
This category is a bit more strict since it requires first acceptance into the exchange program for its processing and the application to it depends entirely on the program in which you want to participate.
Similarly, coverage for spouses and children and possibility of extension depends on the conditions granted at the time of application.
Considering that as of May, more than 35 million people lost their jobs as a result of coronavirus in the United States, "by pausing immigration, we will help unemployed Americans be first in the job search…" Trump declared recently.
With the implementation of this measure, more than half a million immigrants will be affected, including the 170 thousand who would be waiting for residence cards issued abroad, which are also suspended.
This new order does not apply to workers who are in North American territory under any of these visas, so such immigrants should have their right to work respected under the conditions initially agreed upon.
If you are in the United States and your employer intends to terminate your employment relationship unilaterally and without just cause, you can start a process that allows you to keep your job, receive financial compensation and coverage of relocation costs back to your country of origin, do not allow your rights to be violated. At Conexión Legal we offer free advice with immigration lawyers; contact us through this channel via the WhatsApp icon or by Scheduling your Consultation and explore solution alternatives for your case. Follow the steps in the following form to schedule your free consultation appointment.
