The short answer is NO. Read on to know more.
Late Monday night, United States President, Donald Trump tweeted that he plans to issue an executive order to temporarily suspend immigration to the United States.
This article explores how much weight one should ascribe to this tweet.
Well, Facts First:
- No Executive Order has been signed or implemented
- There is no clarity on the legal foundations for this move
- Even if he signs one, it is unlikely to stand against the court scrutiny
Here is what the experts are saying:
“I don’t think there is cause to worry about the EO” commented Immigration Specialist Attorney, Jack Sung. “If he doesn’t sign it, great. If he signs it, I would expect federal courts to right the wrongs within a few weeks through an emergency TRO (temporary restraining order) to stop him.”
While we do not expect this executive order to have any merit, if you are a higher-ed student headed to the US, we have broken down how the tweet may affect you (basically nothing).
How could this tweet affect me?
Are you an MS in the US aspirant?
For one, we believe that if this does happen, it will be temporary. What’s more, F1 and OPT are not immigrant visas and should not affect you.
Are you graduating soon or currently on OPT?
Since F1 and OPT are under non-immigrant visa status, you will not be affected. However, if you are/were thinking of applying for the H1B, there is no clarity since H1B is a dual intent visa (non-immigrant but allows for applications for Green Card).
Do you already have an H1B?
The suggested Executive Order only concerns incoming immigrants and will have no effect on your present status. Moreover, the United States has allowed an 8-month extension for H1B visa holders who may be laid off due to the COVID-19.
Why the US is likely to remain friendly towards skilled migrants:
- America is a nation of immigrants and skilled migrants continue to create sustained value for its economy. More than 50% of its tech companies have been started by 1st or 2nd generation immigrants (Eg. Steve Jobs, Joff Bezos, Sergey Brin, etc). Furthermore many top CEOs are Indian immigrants such as Sundar Pichai (Google) and Satya Nadella (Microsoft)
- The US has a shortage of 2mn STEM talent which is currently fulfilled by inviting top talent from across the globe.
- Higher education for international students is a $41bn industry in the US and supports half a million jobs. America cannot afford to let this industry affect when unemployment claims are at a historic high of 22mn.