US Immigration News

It was about a month ago on the night of Tuesday 3 May 2016, that anti-immigration candidate Donald Trump's main rival to run as the Republican Party's U.S. presidential candidate, Ted Cruz, pulled out of the contest after suffering a crushing defeat in the Indiana state primary. The following afternoon, John Kaisch, the only remaining competitor also quit the race leaving Trump, the man who has never held any form of elective or military office, with a clear run at obtaining the most powerful position in the Western world.

According to an analysis of the third annual US News/Raytheon STEM Index, published on May 17, 2016, the US will be reliant upon foreign workers on visas such as the L-1B intra-company transfer visa and H-1B specialty worker visa to fill future science, technology, engineering and mathematics (STEM) jobs. Despite advances in education and hiring, the index reveals that skills gaps still exist - gaps filled by STEM graduates on H-1B visas and other visas.

India and the US held 'secret' talks at World Trade Organization (WTO) headquarters in Geneva, Switzerland, on Friday, 13 May to discuss key issues raised by New Delhi concerning US H-1B and L-1 visas; There are two types of L-1 visa the L-1B for specialized knowledge workers and the L-1A for managers and executives. It is understood that, while the two nations have offered no comment concerning the outcome of the talks, the chances of a resolution to the dispute are 'bleak.'

Amid a shortage of US work visas and an increase in US visa refusals rates in the US their biggest market, operating costs for Indian IT firms are increasing as they look to meet client demand by hiring workers in the US on more expensive, short-term contracts. Presumably this means hiring more workers in the US on B-1 in lieu of H-1B visas.

11 bakery workers from the Philippines, who had complained that they had to endure illegal working conditions in the US on their E-2 Treaty Investor visas, have won $15.2 million in damages and fees following a human trafficking case filed before the Superior Court of California. The lawsuit, filed in March 2015 by Asian Americans Advancing Justice-Los Angeles (Advancing Justice-LA) and Latham & Watkins LLP, resulted in a default judgment against the owners of L'Amande French Bakery.

Two lawmakers from the US House of Representatives are currently involved in efforts to change the way in which the H-1B, US work visa lottery operates. However, legislation has not yet been introduced and it remains unlikely that it will be put forward anytime soon. In addition cross-party support will be needed for the legislation to be agreed by both Houses of Congress. From past experience this seems extremely unlikely.