Blog Archives - LAW OFFICE OF JULIA L. STOMMES

LAW OFFICE OF JULIA L. STOMMES

The Confusing Future of H-1B Visas

12/30/2024

What Happened in Trump’s Last Term

During Trump’s previous term, high turnover in key positions—such as the Secretary of Homeland Security, Secretary of Labor, and USCIS Director—meant that immigration policies were frequently in flux. Each new appointee brought different priorities, leading to shifts from stricter vetting of applicants to broader attempts at immigration reform. These constant changes created significant inconsistency, leaving both employers and foreign workers feeling uncertain.

What We Anticipate

The future of the H-1B program remains unclear due to a divide within Trump’s cabinet. One faction supports sweeping cuts to immigration, aiming to limit H-1B visas or even eliminate certain categories. In contrast, the other group advocates increasing the number of H-1B visas. This internal conflict adds further uncertainty to the program’s future. Until a clear decision is made, it is likely that Trump will lean toward the recommendations of his heads of immigration agencies, who may prioritize more restrictive policies.

What We Watch For

Leadership Appointments: Will Trump’s current picks for Immigration positions be confirmed?
Policy Shifts: Will the proposed policies be set into place quickly?
Legislative Action: Will Congress make efforts to reform H-1B rules?

Let’s Discuss How We Can Help You or Your Company

If you have questions about your visa status or if you are an employer exploring immigration options, we are here to help. At the Law Office of Julia L. Stommes, we are committed to helping individuals and businesses navigate complex legal landscapes.

The information provided in this blog is intended for general informational purposes only and should not be construed as legal advice. To schedule a Consultation to discuss your legal immigration options, please email us at [email protected].

Happy Holidays from the Law Office of Julia L. Stommes

12/25/2024

As we reflect on the year, we want to extend our heartfelt gratitude to all our clients. It has been a privilege to support you in your immigration journeys, and we are honored to be part of your story. Wishing you and your loved ones a joyful holiday season filled with peace, happiness, and prosperity. We look forward to continuing to serve you in the year ahead.

Warm regards,
The Stommes Immigration Team

Happy Holidays!

12/24/2024

Green Card Holders: What to Do If Your Trusted Traveler Program Privileges Are Suspended or Revoked

12/20/2024

Green Card holders who participate in Trusted Traveler Programs like Global Entry, TSA PreCheck, SENTRI, or NEXUS may face the suspension of their privileges if their Green Card expires—even if they have timely filed for renewal, removal of conditions, or naturalization. This can occur even if you have received a Form I-797 Notice of Action from USCIS extending your Green Card's validity.

Steps to Take If Your Trusted Traveler Privileges Are Affected.

Consult an Immigration Attorney: If your Trusted Traveler privileges are suspended or revoked, it’s crucial to seek the advice of an immigration attorney. A legal team can provide guidance to help protect your rights, navigate the appeal process, and increase the likelihood of a favorable outcome.
Review Your Options with Your Legal Team: Your attorney can assess whether the suspension or revocation was based on inaccurate or incomplete information. If your Green Card renewal, condition removal, or naturalization process is in progress, your legal team can help present any additional documentation or clarifications that may support your case.
File an Appeal: If your legal team believes the suspension or revocation of your Trusted Traveler privileges is unjustified, they can assist you in filing an appeal. With proper legal support, you may be able to restore your program benefits.
File a FOIA Request: If your legal team is unsure of why your Trusted Traveler status was revoked, they may consider filing a Freedom of Information Act (FOIA) Request. This will provide you and your legal team with detailed information and records related to the decision, which can be crucial in addressing the issue and strengthening your appeal.
Explore Alternative Programs: If your application for Global Entry or another Trusted Traveler program is denied, look into other options such as TSA PreCheck, NEXUS, or SENTRI. These programs may have different eligibility requirements and application processes, which might be more accommodating depending on your specific circumstances.

Facing a suspension or revocation of Trusted Traveler privileges can be frustrating and disruptive. However, by working closely with your legal team, you can better understand the situation, address any issues, and minimize the impact on your travel plans.

Let’s Discuss How We Can Help You or Your Company

If you have questions about your visa status or if you are an employer exploring immigration options, we are here to help. At the Law Office of Julia L. Stommes, we are committed to helping individuals and businesses navigate complex legal landscapes.

The information provided in this blog is intended for general informational purposes only and should not be construed as legal advice. To schedule a Consultation to discuss your legal immigration options, please email us at [email protected].

Trump Promotes Plan to End Birthright Citizenship

12/16/2024

In recent discussions surrounding immigration reform, one of the most controversial proposals put forward by Donald Trump is to end birthright citizenship, a policy that grants automatic U.S. citizenship to anyone born on American soil, regardless of the parents’ immigration status. This move would represent a fundamental change to a long-standing constitutional provision enshrined in the 14th Amendment, which has been in place for over 150 years.

Understanding the Change

Birthright citizenship has been a cornerstone of U.S. immigration policy since the 14th Amendment was ratified in 1868. Under this principle, any child born within the United States automatically acquires citizenship. If implemented, this policy would require a constitutional amendment or an act of Congress, as the current interpretation of the 14th Amendment ensures that birthright citizenship cannot be easily altered by executive order alone.

What Does This Mean for Foreign Nationals?

If birthright citizenship were to end, children born in the U.S. to foreign parents would no longer automatically be granted citizenship, potentially leading to a system where only children of citizens or permanent residents could claim U.S. nationality at birth. For foreign nationals, the end of birthright citizenship would create a more complex landscape for those trying to navigate the U.S. immigration system, as children born to foreign nationals would likely need to go through the immigration process like their parents. Moreover, the proposed change could alter the rights of those born in the U.S. who would have previously gained citizenship automatically. These individuals might now find themselves in a legal gray area, potentially complicating their ability to access benefits and citizenship rights in the future.

Let’s Discuss How These Changes Could Affect You or Your Company

If you have questions about how these changes could affect your visa status, or if you're an employer wondering how these changes will impact your hiring practices, we are here to help. At the Law Office of Julia L. Stommes, we are committed to helping individuals and businesses navigate these complex legal landscapes.

The information provided in this blog is intended for general informational purposes only and should not be construed as legal advice. To discuss concerns about legal immigration laws and how these anticipated changes will impact you, your employees, or your loved ones, please email us at [email protected].

Trump Sticking to Day-One Plan for Martial Law and Raids at Schools, Churches, and Hospitals

12/16/2024

Understanding the Change

Trump’s Day-One plan signals a dramatic shift in the nation’s approach to law enforcement and immigration, targeting institutions that have historically been seen as "sensitive areas" or safe havens for all, regardless of immigration status. Under the proposed martial law, military forces could be deployed to carry out extensive raids aimed at identifying and deporting undocumented individuals, with a particular focus on schools, hospitals, and churches. In addition to these sweeping actions, Trump’s newly appointed Immigration Czar, Tom Homan, intends to implement a policy of deporting U.S. citizen children alongside their undocumented parents, further escalating the potential for family separations.

What Does It Mean for Foreign Nationals?

For foreign nationals, particularly undocumented immigrants, the implementation of such policies could drastically alter their daily lives. Schools, hospitals, and churches could no longer be places of refuge but might instead become sites of heightened surveillance and government intervention. Fear of raids and deportation could lead to a mass exodus from public spaces, restricting access to essential services. Additionally, the rise of racist propaganda linked to these policies may further isolate minority communities, creating a hostile and unsafe environment for non-citizens.

What Does It Mean for Employers?

Employers would also face significant challenges in a climate shaped by Trump’s Day-One plan. Companies that rely on a diverse workforce, including foreign nationals and undocumented immigrants, could find themselves under pressure to comply with stricter immigration enforcement laws. Additionally, businesses in industries like education, healthcare, and religious services may see a decline in workers, as fear of raids or detention could lead to staff shortages. Moreover, employers would need to navigate increased scrutiny around employee documentation and potential discrimination concerns.

Let’s Discuss How These Changes Could Affect You or Your Company

If you have questions about how these changes could affect your visa status, or if you're an employer wondering how these changes will impact your hiring practices, we are here to help. At the Law Office of Julia L. Stommes, we are committed to helping individuals and businesses navigate these complex legal landscapes.

The information provided in this blog is intended for general informational purposes only and should not be construed as legal advice. To discuss concerns about legal immigration laws and how these anticipated changes will impact you, your employees, or your loved ones, please email us at [email protected].

Universities are Warning Students to Return to Campus Ahead of Upcoming Political Changes

12/13/2024

As the U.S. prepares for a major political transition with the inauguration of a new president, universities across the United States are issuing warnings to students, encouraging them to return to campus as soon as possible. These concerns are stemmed from anticipated changes to immigration policies, government regulations, and the overall political climate that will affect foreign students.

Why Are Universities Making This Call?

With the Trump administration planning to bring significant policy changes, universities are anticipating disruptions in visa programs, funding, and other student-related services. Due to these expected changes, universities are encouraging students to return to campus before the change in administration to ensure they do not face delays or complications entering the country.

Many schools have emphasized that being physically present on campus could help mitigate future disruptions related travel restrictions or changes in student visa policies that may arise under the Trump administration. Universities are also urging students to stay in close contact with their international student offices and academic advisors to navigate any potential challenges.

What Does This Mean for International Students?

Staying informed and proactive is key. Universities are encouraging students to utilize the support systems in place, including visa and immigration assistance, legal counseling, and academic resources, to ensure a smooth transition into the new academic term.

Let’s Discuss How These Changes Could Affect You or Your Company

If you have questions about how these changes could affect your visa status, or if you're an employer wondering how these changes will impact your hiring practices, we are here to help. At the Law Office of Julia L. Stommes, we are committed to helping individuals and businesses navigate these complex legal landscapes.

The information provided in this blog is intended for general informational purposes only and should not be construed as legal advice. To discuss concerns about legal immigration laws and how these anticipated changes will impact you, your employees, or your loved ones, please email us at [email protected].

Supreme Court Ruling: DHS Gains Full Authority to Revoke Marriage-Based Green Cards Without Court Review

12/11/2024

On December 10, 2024, the U.S. Supreme Court issued a landmark ruling granting the Department of Homeland Security (DHS) full authority to revoke marriage-based green cards eliminating court intervention.

Understanding the Change

The Supreme Court's ruling empowers DHS to unilaterally revoke a marriage-based green card—granted to foreign nationals who marry U.S. citizens or permanent residents—without access to judicial review or approval. Previously, in certain cases, individuals facing the revocation of their green card could challenge DHS’s decision in court. However, with this new ruling, DHS can now revoke a marriage-based green card directly, based on its own findings, without involving the judicial system.

The decision primarily targets cases where there are concerns about the legitimacy of the marriage, such as suspected fraud or evidence that the marriage was entered into for the sole purpose of obtaining immigration benefits. The ruling is expected to streamline enforcement but also raises concerns about the potential for more arbitrary or harsh decisions affecting foreign nationals.

What Does This Mean for Foreign Nationals?

For foreign nationals, particularly those holding marriage-based green cards, this decision significantly alters the stability of their immigration status. Previously, individuals had the right to challenge the revocation of their green card in court. With the Supreme Court's ruling, foreign nationals now face the possibility of losing their permanent resident status without the ability to seek judicial review.

Foreign Nationals who hold marriage-based green cards must be prepared for increased scrutiny and should consider consulting with immigration attorneys to safeguard their status, particularly in situations where the authenticity of the marriage may be questioned.

What Does This Mean for Employers?

For employers, this ruling has important implications, especially for those who employ foreign nationals with marriage-based green cards. While the primary focus of the decision is on the revocation of green cards by DHS, it could indirectly affect employers' hiring practices and employee retention. For instance, an employee whose marriage-based green card is revoked could lose their legal right to work in the U.S., impacting the employer’s workforce.

Let’s Discuss How These Changes Could Affect You or Your Company

If you have questions about how these changes could affect your visa status, or if you're an employer wondering how these changes will impact your hiring practices, we are here to help. At the Law Office of Julia L. Stommes, we are committed to helping individuals and businesses navigate these complex legal landscapes.

The information provided in this blog is intended for general informational purposes only and should not be construed as legal advice. To discuss concerns about legal immigration laws and how these anticipated changes will impact you, your employees, or your loved ones, please email us at [email protected].

Final Rule Increases Automatic EAD Extension Period

12/10/2024

Effective January 10, 2025, the U.S. Department of Homeland Security (DHS) has finalized a rule that will permanently extend the automatic extension period for certain Employment Authorization Document (EAD) renewal applicants.

Understanding the Change

Starting January 10, 2025, the DHS will offer an automatic EAD extension of up to 540 days for applicants who timely file Form I-765, Application for Employment Authorization. This ruling applies to certain EADs filed or pending on or after May 4, 2022. Currently, specific EAD extensions are automatically extended for 180 days.

What Does This Mean for Foreign Nationals?

For foreign nationals renewing their EAD, the increase in the automatic extension period means they can continue working for up to 540 days while their renewal application is pending with USCIS. This extension ensures that their ability to work is not interrupted due to delays in processing. To qualify for this extension, applicants must meet specific requirements.

What Does This Mean for U.S. Employers?

For U.S. employers, the new rule reduces the risk of employment gaps for workers with pending EAD renewals. With the extended 540-day automatic extension, employers should not have to worry about employees losing work authorization while waiting for their renewal applications to be processed.

Let’s Discuss How These Changes Could Affect You or Your Company

If you have questions about how potential changes could affect your visa status, or if you're an employer wondering how these changes will impact your hiring practices, we are here to help. At the Law Office of Julia L. Stommes, we are committed to helping individuals and businesses navigate these complex legal landscapes.

The information provided in this blog is intended for general informational purposes only and should not be construed as legal advice. To discuss concerns about legal immigration laws and how these anticipated changes will impact you, your employees, or your loved ones, please email us at [email protected].

Important Update for H-4 & L-2 Visa Holders

12/10/2024

Starting January 18, 2025, USCIS will no longer be required to bundle the adjudication of H-4 and L-2 visa applications with the principal’s Form I-129 petition. This change marks the expiration of a federal court settlement that has helped reduce processing delays since January 2023.

Understanding the Change

The court settlement in place since January 2023 allowed USCIS to process H-4 and L-2 applications concurrently with the principal’s I-129 petition. This streamlined the process and helped eliminate long delays for dependent visa holders. However, this agreement will expire in January 2025, and USCIS will no longer process these applications together. This could result in longer processing times for H-4 and L-2 visa holders, even if the principal’s petition is premium processed.

What Does This Mean for Foreign Nationals?

For foreign nationals on H-4 or L-2 visas, this change will likely bring delays in processing visa applications after January 18, 2025. Without the bundled adjudication, foreign nationals could experience longer wait times for extensions, changes of status, or work authorization—even if the principal family member’s I-129 petition is expedited with premium processing.

What Does This Mean for U.S. Employers?

U.S. employers who sponsor H-1B or L-1 workers should prepare for the potential impact of these delays on their employees' dependents. If H-4 or L-2 visa holders face longer wait times for work authorization, it could affect employee retention and workforce stability.

Let’s Discuss How These Changes Could Affect You or Your Company

If you have concerns about how potential policy changes under this new administration could affect your visa status, or if you're an employer wondering how these proposed changes will impact your hiring practices, we are here to help. At the Law Office of Julia L. Stommes, we are committed to helping individuals and businesses navigate these complex legal landscapes.

The information provided in this blog is intended for general informational purposes only and should not be construed as legal advice. To discuss concerns about legal immigration laws and how these anticipated changes will impact you, your employees, or your loved ones, please email us at [email protected].