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<ul><li>Spouses of <keyword id="6358066" type="UNKNOWN" weightage="20" keywordseo="h-1b-visa">H-1B visa</keyword> holders are issued the H-4 visa in the US.</li><li>Indians constitute 80 percent of the 125,000 H-4 visas issued in 2015. </li><li>US wants to make this change to prevent “US workers from being displaced by foreign workers”.</li></ul>After making the process of attaining an H-1B visa harder, the <keyword id="6354484" type="PERSON" weightage="20" keywordseo="Donald-Trump">Donald Trump</keyword> administration seems to be focusing on scrapping work permits for H-4 visa holders. The <keyword id="2743235" type="ORGANIZATION" weightage="20" keywordseo="United-States-Citizenship-and-Immigration-Services">United States Citizenship and Immigration Services</keyword> (USCIS) has backed that claim reasserting that they plan on getting rid of the provision that allows H-4 visa holders to work in the country. H-4 visa holders are basically dependents of the H-1B visa holders. And, currently, the largest beneficiaries of H-4 visas are Indians. They constitute <a href="https://www.theguardian.com/technology/2016/may/19/silicon-valley-wives-women-visa-immigration-work">80 percent</a> of the 125,000 H-4 visas issued back in 2015. Step back and you can see how such a move would impact women immigrants since <a href="http://nytlive.nytimes.com/womenintheworld/2016/05/20/wives-of-silicon-valleys-immigrant-engineers-speak-of-loneliness-and-frustration/">one out of ten</a> H-4 visas are issued to females. Lee Francis <keyword id="4395926" type="PERSON" weightage="20" keywordseo="cissna">Cissna</keyword>, Director of the USCIS, wrote a letter to <keyword id="331434" type="PERSON" weightage="20" keywordseo="Charles-E-Grassley">Charles E Grassley</keyword>, Chairman of the <keyword id="220224" type="ORGANIZATION" weightage="20" keywordseo="Judiciary-Committee">Judiciary Committee</keyword>, stating, “..our plans include proposing regulatory changes to remove H-4 dependent spouses from the class of aliens eligible for employment authorisation, thereby reversing the 2015 final rule that granted such eligibility.” This decision would force the H-4 visa holders back into, what were <a href="http://thesouthasiantimes.info/index.php?param=news/19356/USA/34">called</a>, their ‘Golden Cages’. It was a metaphor for being able to live in the US but without the right to work within the country or get a social security number. The situation was corrected two years ago, when the <keyword id="16284" type="PERSON" weightage="20" keywordseo="Obama">Obama</keyword> administration passed a ruling that gave H-4 visa holders the provision to seek employment while they waited for their green card to be approved. Reports <a href="https://qz.com/1260345/h-4-visa-the-trump-administration-reiterates-itll-scrap-work-permits-for-h-1b-spouses/">suggest</a> that visa trouble won’t stop with H-1B and H-4 visas but also spill over onto the L-1B visa, which is issued to professionals with specialised knowledge. USCIS’ Cissna assures that the only reason any of this is happening is ”...to prevent US workers from being displaced by foreign workers.”

Spouses of H-1B visa holders may lose work permits in the US

By Lalit K Jha Washington, May 7 () In a major development, the Trump administration has urged a federal district court not to block an Obama-era rule allowing certain categories of spouses of H-1B visa-holders to work in the United States.In a submission before the US District Court, District Washington this week, the Department of Homeland Security (DHS) argued that the American technology workers, who had challenged the 2015 ruling on giving work permits to H-4 visa-holders, have not been irreparably harmed by such work authorisation.An H-4 visa is issued by the US Citizenship and Immigration Services (USCIS) to the immediate family members (spouse and children under 21 years of age) of the H-1B visa-holders, most of whom are Indian IT professionals. It is normally issued to those who have already started the process of seeking employment-based lawful permanent resident status.The DHS, in its submission on May 5, said the argument by Save Jobs USA on behalf of American technology workers "only speculates about potential economic harm to its members, based on five-year-old affidavits".In its lawsuit filed in 2015, Save Jobs USA had argued that the regulation issued by the Obama administration to provide employment authorisation for certain H4 dependent spouses harms their members, who are American technology workers.After coming to power, the Trump administration in December 2017 informed the court that it plans to rescind the Obama-era regulations in this regard. Since then, it told the court about half-a-dozen times about its intention to issue a Notice of Proposed Rulemaking (NPRM). However, the DHS has not rescinded "Employment Authorisation for Certain H-4 Dependent Spouses" of 2015.The DHS's court submission was in response to the one by Save Jobs USA, which sought a preliminary injunction to stop the H-4 rule from providing qualifying H-4 visa-holders with temporary employment authorisation. Save Jobs USA had argued that the longer the case remains in abeyance, greater the harm to US workers. The DHS disagreed, asserting that there is no such indication.In an 11-page argument, the DHS asserted that Save Jobs USA failed to establish that its members' speculative economic injuries were sufficient to satisfy the DC Circuit's "high standard for irreparable injury".The claim of irreparable harm by Save Jobs USA relied on the H-4 rule eliminating or significantly reducing employment opportunities, meaning that the number of available information-technology jobs would significantly decline due to the H-4 rule, it said."But this relationship has not been shown to be 'certain' and 'actual', rather than merely 'theoretical'," the DHS argued.As such the DHS urged the court to deny the motion of Save Jobs USA, seeking a preliminary injunction enjoining the H-4 rule. Save Jobs USA had sought a stay on the H-4 ruling.An H-4 visa is issued to the spouses of H-1B visa holders, a significantly large number of whom are high-skilled professionals from India. They had obtained work permits under a special order issued by the previous Obama administration in 2015.As of December 2017, the USCIS had approved 1,26,853 applications for employment authorisation for H-4 visa-holders. According to a 2018 report by the Congressional Research Service (CRS), 93 per cent of approved applications for H-4 employment authorisation were issued to individuals born in India and five per cent to individuals born in China. LKJ RC

Trump admin urges US court not to block work permits to spouses of H1B visa-holders

<keyword id="6355629" type="COMPANY" weightage="20" keywordseo="google">Google</keyword> is leading a determined effort by US tech giants to support a programme that gives work authorisation for spouses of those possessing H-1B foreign work visas, the most sought after among Indian IT professionals. Google is joined by 30 other companies to support the H-4 EAD ((Employment Authorisation Document) programme. An H-4 visa is issued by the US Citizenship and Immigration Services (USCIS) to immediate family members (spouse and children under 21 years of age) of the <keyword id="6358066" type="UNKNOWN" weightage="20" keywordseo="h-1b-visa">H-1B visa</keyword> holders. The H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in speciality occupations that require theoretical or technical expertise. Technology companies depend on it to hire tens of thousands of employees each year from countries like India and China. "Google is proud to support our nation's immigrants. We joined 30 other companies to protect the H-4 EAD programme which spurs innovation, creates jobs and opportunities, and helps families," Google CEO Sundar Pichai tweeted. Google on Friday filed a legal brief in a lawsuit called Save Jobs USA vs US Department of Homeland Security. Tech companies that signed onto the amicus brief include Adobe, <keyword id="18635" type="COMPANY" weightage="20" keywordseo="Amazon">Amazon</keyword>, <keyword id="6354427" type="COMPANY" weightage="20" keywordseo="apple">Apple</keyword>, eBay, IBM, Intel, Microsoft, PayPal and Twitter. "To support this important programme, we are leading an amicus brief with over 40 companies and organisations to preserve and protect the H-4 EAD programme," Catherine Lacavera, Vice President, Legal, Google, said in a blog post. "This builds on an amicus brief we recently joined in support of a lawsuit filed by the American Immigration Lawyers Association to expedite the delayed processing time of H-4 work authorisations," she said. Kent Walker, Senior Vice President, Global Affairs, Google, said H-4 EAD authorisations for the spouses of high-skilled workers help American companies recruit and retain the world's best talent. "Today we led a business coalition filing on behalf of 30 companies to preserve and protect the programme," Walker said. "H-4 EADs provide work authorisation to more than 90,000 H-4 visa-holders--more than 90 per cent women. COVID has disproportionately affected women. Ending this programme would make things worse, disrupting careers and reducing wages," he said. "It doesn't make sense to welcome a person to the US to work but to make it harder for their spouse to work. That hurts their family and hurts our economy now and in the future," he added. The plaintiff is Save Jobs USA, a group of computer workers formerly employed by Southern California Edison and "replaced by foreign workers imported on H-1B guest worker visas. Save Jobs USA filed the lawsuit in 2015. It was delayed as former president Donald Trump's administration considered rescinding the H-4 work rule. A week after his inauguration on January 20, US President Joe Biden withdrew a Trump-era rule rescinding work authorisation for H-4 visa holders. Now, both the plaintiffs and the Biden administration are seeking summary judgment. In the amicus brief, Google said: "The regulation at issue here-the H-4 Rule, US Department of Homeland Security, Employment Authorization for Certain H-4 Dependent Spouses, 80 Fed. Reg. 10,284 (Feb. 25, 2015)-provides work authorization to more than 90,000 H-4 visa holders (spouses of certain H-1B visa holders), more than 90 per cent of whom are women. "Invalidation of this rule would result in these talented individuals being barred from the workplace, forcibly severing tens of thousands of employment relationships across the country," it said. The results would be utterly destructive for the families impacted; by just one measure, about 87 per cent of these families have made crucial life decisions on the promise of H-4 employment, including whether to have a child and whether to buy a house, it said. SEE ALSO: <a href="https://www.businessinsider.in/stock-market/news/go-air-has-filed-for-a-3600-crore-ipo-at-a-very-desperate-time/articleshow/82626097.cms" data-type="tilCustomLink" target="_blank">Go Air has filed for a ₹3,600 crore IPO at a very desperate time</a> <a target="_blank" class="c-link c-message_attachment__title_link" href="https://www.businessinsider.in/stock-market/markets/news/heres-why-the-spike-in-inflation-in-the-us-may-worry-markets-in-india/articleshow/82597218.cms">Here's why the spike in inflation in the US may worry markets in India ⁠— but experts say don’t panic yet</a> <a target="_blank" class="c-link c-message_attachment__title_link" href="https://www.businessinsider.in/tech/apps/news/whatsapp-responds-to-privacy-criticism-by-alleging-other-apps-like-zomato-ola-aarogya-setu-zoom-google-and-other-apps/articleshow/82570897.cms">WhatsApp responds to privacy criticism by alleging that other apps and tech companies also show disdain for user privacy</a>

Tech giants Google, Amazon, and Apple back work authorisation in US for spouses of H-1B visa holders

The <keyword id="6354458" type="General" weightage="20" keywordseo="us" source="Orion">US</keyword> risks losing talented foreigners, particularly those married to other skilled professionals, to <keyword id="6356687" type="General" weightage="100" keywordseo="canada" source="Orion">Canada</keyword>, which grants work authorisation to spouses of all skilled foreign workers, says a new study. But granting employment authorisation to all spouses of <keyword id="6358066" type="General" weightage="20" keywordseo="H-1B-visa" source="Orion">H-1B visa</keyword> holders would encourage more skilled migrants, including Indians, to choose the US over Canada, the study by National Foundation for American Policy revealed. "The US can reap significant economic benefits, ease labour shortages, and attract more workers in the global competition for talent if it expanded current rules on work eligibility for the spouses of H-1B visa holders," the study, authored by Madeline Zavodny, said. The number of Indians who became permanent residents in Canada increased by over 115 per cent between 2016 and 2020 and 2021. In 2015, then President <keyword id="15962" type="General" weightage="80" keywordseo="barack-obama" source="Orion">Barack Obama</keyword> allowed the spouses of H-1B visa holders to work in the US via the H4 (dependent) visa. H4 visas are issued to dependent spouses and children who accompany H-1B, H-2A, H-2B, and H-3 visa holders to the US. The spouses of H-1B visa holders tend to be highly educated, many of them in STEM fields, and previously had careers of their own or worked to support their families. "Allowing the spouses of H-1B visa holders to work upon arrival would help recruit and retain skilled workers and increase the already-considerable economic benefits of the H-1B visa category," Zavodny said. She estimates that almost 90 per cent of the spouses of H-1B visa holders have at least a bachelor's degree, and over half have a graduate degree, based on American Community Survey data (2017-2019). Out of these 90 per cent of spouses, two-thirds are from India and 6 per cent are from China. "Almost half of spouses of likely H-1B visa holders who have a bachelor's degree had a STEM-related major. Among spouses of likely H-1B visa holders who are employed, 42 per cent are working in a STEM field," she noted. The Department of Homeland Security (DHS) regulation published in 2015 allows spouses who hold an H4 visa to apply for an Employment Authorization Document (EAD). Currently, H4 spouses can only apply for an EAD after their H-1B spouse is in the queue for a permanent visa. That typically does not occur until the H-1B has worked in the US for several years; indeed, some spouses may apply only after their H-1B spouse has worked in the US for at least six years. The H4 visa holder must be selected in the H-1B lottery, which only occurs once a year and has low odds of success. Long delays in processing H4 EADs have plagued the US Citizenship and Immigration Services (USCIS) and the spouses who need the approval to work. Spouses of workers who hold an L-1 intracompany transferee visa, an E-1 treaty trader, an E-2 treaty investor, or E-3 specialty occupation worker from Australia visa are allowed to work. Spouses of these visa holders are "considered employment authorised incident to status", that is, their visa allows them to work and they do not need to apply separately for an EAD. Since mid-2015, some 171,000 H-4 visa holders have been approved for employment authorisation, a significant portion of whom are from India. In fiscal 2021, Indians bagged the highest number of H1B visas i.e., over 74 per cent of the allotments. Out of 4.07 lakh H1-B visas approved by the USCIS, 3.01 lakh were allotted to Indians whereas, 50,000 Chinese received the visas. Research shows that the H-1B visa category bumps up economic growth, creates jobs for American workers, and slows offshoring of high-paid jobs. "If allowed to work, these spouses would make considerable contributions to the US labour market as most of them would enter occupations with very low unemployment rates and high job vacancy rates," says Zavodny. SEE ALSO: <a href="https://www.businessinsider.in/finance/news/september-earnings-on-track-but-its-time-to-tone-down-optimism-says-kotak-institutional-equities/articleshow/95272073.cms">September earnings on track, but it’s time to tone down optimism says Kotak Institutional Equities</a> <a href="https://www.businessinsider.in/business/telecom/news/vodafone-ideas-q2-loss-widens-to-7596-crore/articleshow/95282354.cms">Vodafone Idea’s Q2 loss widens to ₹7,596 crore</a> <a href="https://www.businessinsider.in/business/corporates/news/hdfc-reports-18-year-on-year-rise-in-q2-net-profit-to-4454-crore/articleshow/95279744.cms">HDFC reports 18% year-on-year rise in Q2 net profit to ₹4,454 crore</a>

US risks losing skilled professional H-1B visa holders to Canada

When it comes to handling <keyword id="70933" type="UNKNOWN" weightage="20" keywordseo="immigrants">immigrants</keyword>, the Trump administration is leaving no stone unturned, be it those who work illegally, or family of those who have the required visa. 
 
The new department of justice (DOJ) under <a href="http://www.businessinsider.in/Trump-may-move-closer-to-India-to-balance-China/articleshow/55838187.cms">Trump government</a> has filed a brief in the <keyword id="32755" type="COMPANY" weightage="20" keywordseo="Washington-DC">Washington DC</keyword> court of appeals, asking for a 60-day freeze before granting employment authorisation to H-4 visa-holders, who are primarily dependent spouses of H-1B visa-holders. 
 
Also read: <a href="http://www.businessinsider.in/setback-for-tcs-infosys-wipro-other-it-companies-h-1b-bill-introduced-in-the-us/articleshow/56888347.cms">Setback for TCS, Infosys, Wipro, other IT companies? Donald Trump Govt introduces H-1B Bill</a> 
 
This category includes thousands of Indian spouses, who had won a hard-fought permission to work in America in February 2015 under the Obama administration. Then, the rule issued through the department of <a href="http://www.businessinsider.in/The-Department-of-Homeland-Security-just-issued-a-new-terrorism-advisory/articleshow/52771813.cms">homeland security</a> allowed eligible spouses to work in the US while their <a href="http://www.businessinsider.in/topic/H-1B-visa">H-1B visa</a>-holder spouses awaited their PR and green card. 
 
Also read: <a href="http://www.businessinsider.in/india-will-be-highly-impacted-due-to-trumps-policies-but-govt-is-not-rush-with-its-view/articleshow/57003541.cms">India will be highly impacted due to Trump’s policies but Govt is not rush with its view</a> 
 Soon after, a group called Save Jobs <keyword id="6355055" type="COUNTRY" weightage="20" keywordseo="USA">USA</keyword> filed a lawsuit, which was ruled out by a district court, alleging that there was no locus standi to sue. 
 
Save Jobs USA then filed its initial brief once <a href="http://www.businessinsider.in/2016-election-results-Donald-Trump-and-his-affect-on-India/articleshow/55312791.cms">Trump took charge</a>, and this time around, was supported by the <a href="http://www.businessinsider.in/acting-attorney-general-defies-trump-tells-justice-department-not-to-defend-refugee-ban/articleshow/56882913.cms">DOJ</a>. 
 
"There is nothing for the DoJ attorneys to confer with their leadership about given the district court's clear decision stating that this case had no basis for ever being filed," says Aman Kapoor, co-founder and president of Immigration Voice. "Any failure to provide the strongest possible defence of the district court's decision risks establishing a precedent prohibiting H-4 visa-holders from working under the current statutory regime," he added. 
 
(Image source: BellaNaija)

Trump in no mood to spare immigrants; goes after dependent spouses of H-1B visa holders

In yet another immigration-friendly move, the <keyword id="10092361" type="General" weightage="20" keywordseo="Biden-administration" source="Orion">Biden administration</keyword> has agreed to provide automatic work authorisation permits to spouses of H-1B visas holders, a step that would benefit thousands of Indian-American women. The settlement in this regard was reached by the Department of Homeland Security in a class-action lawsuit, which was filed by the <keyword id="620952" type="General" weightage="20" keywordseo="American-Immigration-Lawyers-Association" source="Orion">American Immigration Lawyers Association</keyword> (AILA) on behalf of immigrant spouses this summer. "This (H-4 visa holders) is a group that always met the regulatory test for automatic extension of EADs (employment authorisation documents), but the agency previously prohibited them from that benefit and forced them to wait for reauthorisation. People were suffering. They were losing their high-paying jobs for absolutely no legitimate reason causing harm to them and US businesses," Jon Wasden from AILA said. The litigation successfully achieved the reversal of the US Citizenship and Immigration Services (USCIS) policy that prohibited H-4 spouses from benefiting from the automatic extension of their employment authorisation during the pendency of stand-alone EAD applications. "Although this is a giant achievement, the parties' agreement will further result in a massive change in position for the USCIS, which now recognises that L-2 spouses enjoy automatic work authorisation incident to status, meaning these spouses of executive and managers will no longer have to apply for employment authorisation prior to working in the <keyword id="6356955" type="General" weightage="20" keywordseo="united-states" source="Orion">United States</keyword>," AILA said. "We are delighted to have reached this agreement, which includes relief for H-4 spouses, through our litigation efforts with Wasden Banias and Steven Brown. It is gratifying that the administration saw that settling the litigation for non-immigrant spouses was something that should be done, and done quickly," said Jesse Bless, AILA director of federal litigation. The Obama administration had given work authorisation to certain categories of spouses of <keyword id="6358066" type="General" weightage="20" keywordseo="H-1B-visa" source="Orion">H-1B visa</keyword> holders. So far, more than 90,000 H-4 visa holders, a significant majority of whom are Indian-American women, have received work authorisation. SEE ALSO: <a target="_blank" class="c-link c-message_attachment__title_link" href="https://www.businessinsider.in/business/news/two-new-ipos-coming-in-next-week-tarsons-products-and-go-fashion/articleshow/87655787.cms">IPO craze continues as two more set to open next week</a> <a target="_blank" class="c-link c-message_attachment__title_link" href="https://www.businessinsider.in/business/startups/news/purplle-is-planning-to-set-up-its-own-network-of-retail-stores-as-nykaa/articleshow/87649025.cms">Half a billion dollar worth Purplle is now taking the next step to take on Nykaa</a>

If you have an H-1B visa, your spouse can get automatic work authorisation

<ul class="summary-list"><li>Tech giants urged the Biden administration to allow foreign employees' kids to stay past the age of 21.</li><li>In a letter to the <keyword id="13148364" type="UNKNOWN" weightage="100" keywordseo="department-of-homeland-security" source="Orion">Department of Homeland Security</keyword>, they said the move can help retain talent.</li></ul>Tech companies, including <keyword id="11892740" type="UNKNOWN" weightage="60" keywordseo="google" source="Orion">Google</keyword>, <keyword id="11892744" type="UNKNOWN" weightage="60" keywordseo="twitter" source="Orion">Twitter</keyword>, and Amazon, have asked the Biden administration to revise its immigration policies so that children of foreign employees are spared from being deported after they turn 21.In a <a href="https://www.aila.org/advo-media/aila-correspondence/2022/letter-to-dhs-expressing-concern-over-age-out">letter</a> to Department of Homeland Security Secretary Alejandro Mayorkas on Monday, 12 tech companies, along with the US Chamber of Commerce and the American Immigration Lawyers Association, asked the Biden administration to "establish more robust aging out policies" to help the children of their employees who hold <keyword id="14144991" type="UNKNOWN" weightage="60" keywordseo="h1-b" source="Orion">H1-B</keyword> visas. Currently, children of highly-skilled H1-B visa holders, <a href="https://www.businessinsider.com/h1b-visas-enterprise-tech-companies-microsoft-amazon-accenture-salesforce-2021-8">many of whom</a> are tech employees, are allowed to live with their parents in the US but will have to apply for a green card if they want to stay past the age of 21. The application process often takes a long time to complete, and applicants must leave the country if they don't receive the card in time. The processing delay became more pronounced during the pandemic as government agencies did not have enough workers to process green card applications, according to an April <a href="https://news.bloomberglaw.com/daily-labor-report/thousands-of-worker-green-cards-went-unused-amid-pandemic-delays">Bloomberg</a> report.In contrast, undocumented immigrants who came to the US as children, commonly known as "Dreamers," can apply for temporary work permits under the <a href="https://www.businessinsider.com/daca-recipient-immigration-reform-bill-path-to-citizenship-migrant-workers-2021-9">Deferred Action for Childhood Arrivals (DACA)</a> program."Now, we urge policymakers to also address the needs of the more than 200,000 children of high-skilled immigrants who risk falling through the cracks of the immigration system," the letter said. In response, DHS told <a href="https://www.reuters.com/legal/government/spare-documented-dreamers-deportation-tech-giants-tell-biden-official-2022-06-07/">Reuters</a> it was reviewing its policies to maximize the number of "documented Dreamers" that are "are able to gain residency in the United States before they turn 21." DHS did not immediately respond to Insider's request for comment. The companies' appeal comes at a time when employers across the US are <a href="https://www.businessinsider.com/labor-shortage-could-last-beyond-the-pandemic-permanent-missing-workers">struggling to fill open positions</a>. As of June 1, the US Bureau of Labor Statistics reported <a href="https://www.bls.gov/news.release/jolts.nr0.htm">11 million open roles</a>, which was 5 million more than the number of workers looking for jobs. If the children of their foreign employees have to leave the US, their parents may decide to follow, exacerbating the worker shortage."This uncertainty harms families and prevents our companies from attracting and retaining critical talent in the US," the letter said. "Those who are forced to leave are a loss to America's communities and workforce. Their skills and talent will go to our global competitors."The tech companies' appeal for children of H1-B visa holders echoes a similar move they made last year.In May 2021, tech giants including Google, Twitter, Amazon, and others campaigned against a court decision that would prevent the spouses of these visa holders from being able to seek employment in the US on an H-4 visa, according to an <a href="https://www.businessinsider.com/google-apple-twitter-fight-protect-h4-spouse-visa-program-h1b-2021-5">Insider</a> report.The Biden administration then settled the lawsuit and reversed the decision to put the visa program on hold, The Hill <a href="https://thehill.com/homenews/administration/581007-biden-administration-settles-with-spouses-of-immigrant-visa-holders/">reported</a>.

Amazon, Google, and other tech giants urge Biden administration to allow 'documented Dreamers' to stay as US labor shortage bites

Just when people were worried about the status of <keyword id="395013" type="UNKNOWN" weightage="100" keywordseo="H1-B">H1-B</keyword> visas as <keyword id="67373" type="ORGANIZATION" weightage="80" keywordseo="obama-administration">Obama administration</keyword> was nearing its term end, it announces another welcoming step for the large body of students who come to the US for higher education. If American corporations can't hire H1-Bs, they can hire H1-wannabes. 
 <keyword id="16284" type="PERSON" weightage="100" keywordseo="Obama">Obama</keyword> administration's move to allow tens of thousands international students to stay on in the <keyword id="6356955" type="COUNTRY" weightage="100" keywordseo="united-states">United States</keyword> for up to six years after they finish their college degree is a move to retain more high-skilled immigrant work force that many US corporations and experts say is needed in a country that simply does not graduate enough native-born STEM (Science Technology Engineering Math) workers. 
 
According to new regulations proposed by the administration and submitted before the Senate Judiciary Committee, students with STEM degrees can stay on in the US for a total of six years under the Optional Training Program (OPT) - three years after finishing an undergraduate program, and then if need be, another three years after a graduate program. This would give them as much work time in the US as foreign guest workers get under the H1-B program. 
 
At present, OPT for international students who finish either an undergraduate or graduate program from a government-certified educational institution in the US is 12 months to 29 months depending on whether their degree is non-STEM or STEM. Typically, graduating students, a large number (upwards of 300,000) from China and India, use the OPT timeframe to land jobs, or internships leading to jobs, during which period employers usually sponsor them for an H1-B visa if their performance is good. 
 
But with the increasing demand for H1-B visas, partly because many are cornered by outsourcing bodyshops, many foreign graduates who don't make the cut in the lottery system are forced to return to their home countries, much to the dismay of free-traders who believe the US is best served when the students it educates are retained in the country. 
 
So the new proposal will essentially expand that window of opportunity to land a job and get an H1-B visa for up to six years, ensuring that a student who comes to the US to study is not under pressure to return. 
 
 
The far-reaching proposal comes amid continuing resentment in some American quarters about "low-wage" foreigners taking up jobs, the most recent being the controversy of Disneyworld that replaced its native workers with workers from India. In fact it is already under fire from lawmakers such as Chuck Grassley, comes on the heels of another Obama administration initiative to grant work permits to H-4 visa holders (spouses of H1-B) who meet certain eligibility requirements. 
 
 "The proposed new regulations, while still being internally discussed, are irresponsible and dangerous considering the Government Accountability Office report issued in March 2014 finding that the (OPT) program was full of inefficiencies, susceptible to fraud, and that the Department was not adequately overseeing it," Grassley complained a letter to Department of Homeland Security Secretary <keyword id="1471006" type="PERSON" weightage="100" keywordseo="Jeh-Johnson">Jeh Johnson</keyword>. 
 
(image credits: Reuters)

Now stay on for 6 yrs post completion of degree in US

<div class="KonaFilter image-container display-table"><div><div class="image on-image">ReutersHomeland Security chief on Thursday questioned whether Russia interfered in the US presidential election to help President Donald Trump win, contradicting the assessment of the US intelligence community.</div></div></div><ul><li>Sixty CEOs have sent a letter to Homeland Security Secretary Kirstjen Nielsen denouncing policy changes they say are harming their companies' immigrant workers.</li><li>The executives named several recent changes that make it more challenging for highly skilled foreign workers to renew or apply for visas, or obtain green cards.</li><li>The letter said that ultimately these changes will make life more difficult for their immigrant employees, and likely force them to take their talents elsewhere.</li></ul>Dozens of prominent CEOs have sent a <a href="https://www.businessroundtable.org/sites/default/files/letters/Immigration.Nielsen%20Letter%2008232018.pdf?te=1&amp;nl=dealbook&amp;emc=edit_dk_20180824" target="_blank" rel="noopener">letter</a> to Homeland Security Secretary Kirstjen Nielsen denouncing several recent changes to immigration policies that they say have stoked fear among their employees and could ultimately harm US businesses.The letter named 60 executives - including Apple's Tim Cook, JPMorgan Chase's Jamie Dimon, Salesforce's Marc Benioff, PepsiCo's Indra Nooyi, BlackRock's Larry Fink, and IBM's Ginni Rometty - and warned the Trump administration that its policies will prompt highly skilled immigrants to take their talents elsewhere."As the federal government undertakes its legitimate review of immigration rules, it must avoid making changes that disrupt the lives of thousands of law-abiding and skilled employees, and that inflict substantial harm on US competitiveness," the letter read.Over the last year and a half, the US Citizenship and Immigration Services, or USCIS, agency has implemented a host of changes to the country's legal immigration system that, in many cases, make it more difficult to apply for or renew work visas, or obtain a green card.The CEOs pointed to several key changes they said were negatively affecting thousands of employees:<ul><li>Inconsistency from immigration officers in <a href="https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2017/2017-10-23Rescission-of-Deference-PM6020151.pdf" target="_blank" rel="noopener">vetting visa applications</a> from workers who have had previous visas approved. "Now, any adjudicator can disagree with multiple prior approvals without explanation," the CEOs wrote.</li><li>Allowing immigration officers to <a href="https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/AFM_10_Standards_for_RFEs_and_NOIDs_FINAL2.pdf" target="_blank" rel="noopener">immediately deny visa applications</a> without first notifying the companies and applicants and without asking for potentially missing information to be submitted. "Companies now do not know whether a work visa petition that was approved last month will be approved when the company submits the identical application to extend the employee's status," the letter said.</li><li>The looming <a href="https://www.judiciary.senate.gov/imo/media/doc/2018-04-04%20USCIS%20to%20CEG%20-%20Buy%20America%2C%20Hire%20America%20update.pdf" target="_blank" rel="noopener">elimination of H-4 visas</a>, which are currently used by the spouses of skilled immigrant workers. "These spouses are often highly skilled in their own rights and have built careers and lives around their ability to contribute to companies here," the letter said.</li><li><a href="https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2018/2018-06-28-PM-602-0050.1-Guidance-for-Referral-of-Cases-and-Issuance-of-NTA.pdf" target="_blank" rel="noopener">Deporting immigrants</a> whose visa renewal or green card applications are denied while they're living in the US. The CEOs said many of their employees fear being deported "even if they have complied with immigration laws and intend to promptly depart the country."</li></ul><h2>'Now is not the time to restrict access to talent'</h2><div class="KonaFilter image-container display-table float-right"><div><div class="image on-image">Associated Press/Marcio Jose SanchezApple CEO Tim Cook speaks during an announcement of new products at the Apple Worldwide Developers Conference Monday, June 4, 2018, in San Jose, Calif.</div></div></div>The CEOs noted that many of the employees affected by these changes have not only worked in the US for years and followed US immigration laws, but they possess valuable skills that cannot easily be found among American workers."At a time when the number of job vacancies are reaching historic highs due to labor shortages, now is not the time restrict access to talent," the letter said.USCIS has defended many of the policy changes by arguing they "protect the interests of United States workers" or "discourage frivolous or substantially incomplete" applications.But the agency has come under fire previously for what some perceived as hostility towards legal immigrants. USCIS Director Lee Francis Cissna stoked controversy in February when he dropped the term "nation of immigrants" from the agency's mission statement."Who does the agency serve? I think there's been a misunderstanding of that one the years," <a href="https://www.washingtonexaminer.com/uscis-says-trump-was-not-the-reason-it-dropped-nation-of-immigrants-from-mission-statement" target="_blank" rel="noopener">Cissna said last week</a>. "People kind of naturally fall into the belief that the individuals that we serve are the people that we interact with every day when we take applications or petitions. I don't think that we serve them. We serve the people." <div class="margin-top"> <h3>NOW WATCH: <a href="https://www.businessinsider.com/what-happens-to-north-korea-defector-2018-8">A North Korean defector's harrowing story of escape</a></h3> <div> </div> </div>

Tim Cook, Jamie Dimon, and dozens of other CEOs are warning the Trump administration that its immigration policies are inflicting 'substantial harm'

<div type="image" title="donald trump" height="1000" width="2000" msid="76522334" hostid="261"></div><ul class="summary-list"><li>On Monday, President Donald <keyword id="6354862" type="UNKNOWN" weightage="60" keywordseo="trump">Trump</keyword> extended a freeze on <keyword id="50403" type="ORGANIZATION" weightage="60" keywordseo="Immigration">immigration</keyword> visas.</li><li>Trump cited the economic impact of the <keyword id="1754604" type="PERSON" weightage="60" keywordseo="coronavirus">coronavirus</keyword> pandemic for the move, saying that <keyword id="11018" type="COMPANY" weightage="60" keywordseo="Jobs">jobs</keyword> should be reserved for Americans.</li><li>The decision is in line with the Trump administration's broader efforts to limit immigration and plays on rhetoric that immigrants steal jobs.</li><li>Data has shown, however, that immigrants help create jobs and normally work in positions that complement the work of Americans.</li></ul>On Monday, President Donald Trump extended <a href="https://www.businessinsider.com/trump-executive-order-work-visas-immigration-2020-6">a freeze on immigration visas</a> through the end of the year, arguing that it would help protect as many as 525,000 jobs for Americans in an economy shaken by the coronavirus pandemic.Trump signed a proclamation meant to extend the 60-day freeze on work visas, put in place in April, until the end of 2020. It affects H-1B, H-2B, H-4, J-1, and L-1 visas."American workers compete against foreign nationals for jobs in every sector of our economy, including against millions of aliens who enter the United States to perform temporary work," the proclamation says. "Under ordinary circumstances, properly administered temporary worker programs can provide benefits to the economy. But under the extraordinary circumstances of the economic contraction resulting from the COVID-19 outbreak, certain nonimmigrant visa programs authorizing such employment pose an unusual threat to the employment of American workers."The measure is in line with a history of efforts by the Trump administration to limit immigration under the assumption that immigrants steal jobs from Americans.This proclamation would affect jobs in the <keyword id="6358815" type="UNKNOWN" weightage="60" keywordseo="tech">tech</keyword> industry, jobs at universities, as well as au pairs.According to <a href="https://www.pbs.org/newshour/economy/making-sense/4-myths-about-how-immigrants-affect-the-u-s-economy">PBS</a>, immigrants tend to hold jobs that usually complement American workers or make it easier for Americans to do their jobs. They tend to work odd hours and in more dangerous conditions.Au pairs or other childcare providers, for instance, help allow Americans, especially women, to enter the workforce. Immigrants are also taking up jobs to take care of the US elderly population, PBS reported.According to the US Bureau of Labor Statistics, <a href="https://www.bls.gov/news.release/pdf/forbrn.pdf">17%</a> of the labor force last year were immigrants; however, they're mostly filling jobs Americans don't want or that need to be done to allow more Americans to work."Most economists agree that in spite of being a very big part of the labor force, immigrants have not come at the cost either of American jobs nor of American wages," Giovanni Peri, an economics professor at the University of California at Davis, told PBS.<a href="https://www.pewresearch.org/fact-tank/2017/03/08/immigration-projected-to-drive-growth-in-u-s-working-age-population-through-at-least-2035/">Pew Research Center</a> in 2017 described how immigrants were projected to help combat a shrinking workforce. As baby boomers retire, and the US birth rate drops, Pew estimated that without immigration the US workforce would shrink to 165.6 million in 2035 from 173.2 million in 2015. Funding for programs like Social Security that rely on workers would be threatened, and economic growth would most likely shrink or become stagnant.Immigrants also create jobs by starting businesses. According to <a href="https://hbr.org/2018/10/research-shows-immigrants-help-businesses-grow-heres-why">Harvard Business Review</a>, immigrants in the US tend to contribute about twice as much to entrepreneurship as native-born citizens do and also tend to create more successful businesses. A study from <a href="https://www.hbs.edu/faculty/Publication%20Files/17-011_da2c1cf4-a999-4159-ab95-457c783e3fff.pdf">Harvard Business School</a> found that immigrant-founded businesses performed better in terms of employment growth over three and six years than businesses founded by native citizens.A 2017 <a href="http://startupsusa.org/fortune500/" target="_blank" rel="noopener noreferrer">study</a> by the Center for American Entrepreneurship found that more than 40% of companies in the Fortune 500 were founded by first- or second-generation immigrants.But even on a small-business scale, many local communities benefit from immigrant-owned businesses such as restaurants, hotels, and grocery stores."It sends a very powerful negative signal to the rest of the world: 'Don't come to the United States. We don't want you,'" John Dearie, the president of the Center for American Entrepreneurship, a nonpartisan group that supports immigration, previously told the <a href="https://apnews.com/ab44ff583d194070a5eae431231c4450">Associated Press</a> on the Trump administration's immigration policy. "That's terribly damaging."While the proclamation claims that jobs are being lost to immigrants, many companies have said the move would limit them from hiring necessary talent.Many technology companies like Apple and Google rely on H-1B visas to employ foreign professionals and H-4 visas to allow their spouses to come, so this move could hinder their innovation capabilities — and they responded with <a href="https://www.businessinsider.com/amazon-google-twitter-speak-out-against-trump-h1b-visa-freeze-2020-6">frustration to the latest Trump proclamation</a>."America's continued success depends on companies having access to the best talent from around the world," said a Google spokesman, Jose Castaneda, in a statement. "Particularly now, we need that talent to help contribute to America's economic recovery."TechNet's president, Linda Moore, told <a href="https://www.washingtonpost.com/immigration/trump-immigration-workers-coronavirus/2020/06/22/3b969e88-b489-11ea-9b0f-c797548c1154_story.html">The Washington Post</a> that the new policy would "slow innovation and undermine the work the technology industry is doing to help our country recover from unprecedented events."

The US economy depends on immigrants who fill necessary positions that help boost many industries. Trump's extended halt on immigration could have negative consequences for Americans.

<div type="image" title="Shayanne with Naturalization Certificate" height="1407" width="2814" msid="76651501" hostid="261"></div><ul class="summary-list"><li>I immigrated to the US when I was 5 years old. 19 years later, I became a citizen.</li><li>This is what the arduous process — which cost thousands of dollars, required access to legal resources, and caused a ton of stress about the future — was like for me.</li><li>There are a lot of misconceptions about how the <keyword id="50403" type="ORGANIZATION" weightage="60" keywordseo="Immigration">immigration</keyword> system works, and in recent years, it's become increasingly difficult for immigrants to legally come to the US and to become citizens.</li></ul>In August 1998, when I was five years old, my family immigrated to the United States. We came from Israel by way of England and spoke Hebrew as our primary language. In March 2017, almost 19 years later, I became a naturalized citizen at 24.Like so many naturalized citizens, my family's journey through the immigration process was a lengthy struggle that cost us thousands of dollars, required access to legal resources, and caused us a ton of stress and uncertainty about the future. It was 19 years of registrations, visa renewals, applications, and interviews.Once it came time for my official <keyword id="52568" type="COMPANY" weightage="60" keywordseo="Citizenship">citizenship</keyword> ceremony, a feeling of immense relief and pride resonated across a courthouse filled with immigrants from all backgrounds and walks of life — whose shared quality was our persistence, sacrifice, and vision for a new life in the US.There are still a lot of misconceptions about how the immigration system works and what it really takes to get to that moment. Realistically, it's not logistically attainable for many people around the world.<h2>Step one: Form a plan</h2>In today's system, there are effectively <a href="https://www.uscis.gov/us-citizenship">four ways</a> to become a legal US citizen, but most prospective immigrants without family ties to the US only have the option of attempting <a href="https://www.uscis.gov/us-citizenship/citizenship-through-naturalization">citizenship through naturalization</a>. My family took this long, very expensive, and most uncertain pathway to citizenship.But before attempting to become citizens, we needed to immigrate to the US lawfully. Some of the <a href="https://www.businessinsider.com/how-to-green-card-visa-legal-immigration-us-news-trump-2017-4">ways</a> people can do so are through employer sponsorship, through family ties, by winning the diversity visa lottery, or by applying for asylum or refugee status.<div type="image" title="common ways to immigrate to the US" height="1502" width="1667" msid="76651503" hostid="261"></div><h2>Steps 2-5: Immigrate lawfully, get green cards to work, and gain citizenship through naturalization</h2>My family was able to immigrate because an American employer sponsored my father. We arrived here through an <a href="https://my.uscis.gov/exploremyoptions/h1_visas_for_temporary_workers">H-1B work visa</a> my father got, which allowed my mother and I to join him through H-4 visas (available to immediate relatives of H-1B visa recipients).Our first step toward becoming citizens was to become permanent residents with <a href="https://www.uscis.gov/greencard">green cards</a>. There are a number of <a href="https://www.uscis.gov/greencard/eligibility-categories">different ways</a> to qualify for a green card, including through family, marriage, employment, or asylum status.After over a year living under our visas, we applied for green cards and then waited three years before we were unfortunately denied due to a mislabeling issue on our part in our initial application. Committing these types of errors is common, and it is recommended to hire skilled legal counsel to go over applications before submitting, although it's <a href="https://www.uscis.gov/citizenship/learners/learn-about-naturalization/questions-and-answers-about-us-citizenship#lawyer">not required</a>. The loss of the application fees and the cost of new legal services set us back thousands of dollars. Once we could afford to apply again with the help of an immigration lawyer, the wait time was over six years before we received a response. The wait time for this part of the process varies majorly from case to case, and as of <a href="https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2020/visa-bulletin-for-may-2020.html">May 2020</a>, the green card backlog is so massive that people from Mexico who applied in 1996 are only now getting their visas to enter the US.In the 12 years we spent waiting for a decision on our green cards, we had to renew my father's temporary work visa five times. Each renewal was an expensive and time-consuming process. Thankfully my father had a stream of income to support this, while my mother and I were both not legally allowed to work. At this point, I was in high school and had been enrolled in public school for a decade. Living in the US was the only life I had ever really known and I was worried about my future and whether or not I'd be able to remain in the country long-term to complete my studies. My parents worried we'd have to uproot the lives we had built, leave the country, and find new means of income. Thankfully, USCIS finally approved us for permanent resident status and we were given our green cards in 2010. I was 17 years old.<div type="image" title="GC edit" height="600" width="1200" msid="76651506" hostid="261"></div>A big part of our journey to legal residency was now complete, but the pathway to official citizenship had only just begun. Being a permanent resident meant that we could do most things citizens do, but we couldn't vote and we were still subject to potential <a href="https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence">revoking</a> of our status, as well as deportations down the line. In order to apply for citizenship through naturalization, we had to be permanent residents for at least five years.We were able to exercise our newly inherited <a href="https://www.uscis.gov/green-card/after-green-card-granted/rights-and-responsibilities-a-green-card-holder-permanent-resident">rights</a> of permanent residency during this time, including social security benefits, work permits for my mother and I, and the ability to travel internationally. But we also had to uphold new responsibilities in order to qualify for citizenship at the completion of five years. These included filing our taxes with the IRS and fully adhering to the law. Any criminal record, including traffic tickets or minor infractions, had to be cited on the citizenship application, but loosely shouldn't have an effect on the ultimate outcome. More serious crimes do <a href="https://www.nolo.com/legal-encyclopedia/crimes-that-will-prevent-you-from-receiving-us-citizenship.html">bar applicants from citizenship</a> and may even lead to deportation if they are considered permanent bars to "<a href="https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-4">good moral character</a>."Once I graduated high school in May 2010, I was able to fulfill my dream of attending university in the US and to support myself financially by working in the service industry. Five years later, after I earned my Bachelor's degree, it was finally time for my family to fill out our citizenship application. From the time when we filled out the application to our official citizenship ceremonies, it took about two years. During those two years, we were subject to appearing for multiple biometric sessions, citizenship interviews, and taking the <a href="https://www.businessinsider.com/us-citizenship-test-hard-questions-2018-3">official citizenship test</a>, which includes historical and political <a href="https://www.uscis.gov/citizenship/educators/educational-products/100-civics-questions-and-answers-mp3-audio-english-version">questions</a> about the US. We also had to be able to write, read, and speak English — which we'd had plenty of years to practice.The timeframe between application to citizenship is varied and depends on a ton of factors, a major one being the location where you apply. According to the most recent USCIS <a href="https://www.uscis.gov/news/fact-sheets/naturalization-fact-sheet#_ftn1">data</a> from 2018, 73% of all naturalized citizens resided in 10 states (in descending order): California, Florida, New York, Texas, New Jersey, Illinois, Massachusetts, Virginia, Pennsylvania, and Washington. Since we lived in New York, the volume of citizenship applications was among the highest nationwide, so the processing time took longer. I was also working abroad on a post-graduate program for an extended period of time in 2015, which prolonged my individual process. My parents gained their citizenship about 8 months before me in the summer of 2016.<div type="image" title="my personal timeline to citizenship" height="2037" width="1668" msid="76651513" hostid="261"></div><h2>Step 6: Become an American citizen</h2>Leading up to my citizenship ceremony, I reflected on the almost 19 years I had spent growing up, learning, working, and living in this country. This entire process had, at that time, taken up over 80% of my life. As stressful as it was, I felt a mixture of relief and immense gratitude for this time that made me appreciate the privilege of being a US citizen. The US gave me the opportunity to learn and speak English fluently, be the first person in my family to attend university, and enter the corporate workforce. Now I have the opportunity to speak out on behalf of other people like me who left behind other countries, cultures, and family members to pursue a new future in the United States.<div type="image" title="Shayanne Gal with Naturalization Certificate" height="1956" width="1932" msid="76651522" hostid="261"></div>On that Thursday morning in March 2017, I sat in a courthouse with 117 other individuals who had taken a similar path to my own. They came from all over the world and were of different races, ethnicities, religious beliefs, and so on. I think at least 90 different countries were represented in that room. Despite our differences, the one thing we all related to was our sacrifice, our journey, and our love for the United States. It was an <a href="https://www.businessinsider.com/photos-of-people-becoming-citizens-2018-9#immaculee-ilibagiza-cried-while-reciting-the-pledge-of-allegiance-10">emotional ceremony</a> that concluded in all of us standing together and reciting the Pledge of Allegiance in unison. The beautiful experience solidified for me that America is a land of immigrants and a melting pot of hope. It was also a reminder that although the political atmosphere surrounding our immigration system is fraught, immigrants from all over the world still continue to thrive, diversify, and contribute wholly to this country.In FY 2018, the top countries of origin for naturalization were Mexico, India, China, Philippines, and Cuba.<div type="image" title="top countries US naturalized citizens fy 2018" height="2759" width="1667" msid="76651533" hostid="261"></div><h2>How today's political atmosphere affects immigration</h2>Citizenship isn't the reality for everyone. Most people don't get an entry visa to immigrate to the US at all — and if they do, they still may not have the means to renew it, pay for applications and legal assistance, or ultimately get a chance to gain permanent residency, let alone apply for citizenship. The federal government's increasingly strict immigration policies are deterring and preventing many prospective immigrants from entering the country or becoming citizens. Over the last few years, the government has slowed down visa requests for <a href="https://www.insider.com/h1b-visa-foreign-worker-says-trump-immigration-crackdown-doomed-american-dream-2019-3">working immigrants</a> like my father, implemented <a href="https://www.businessinsider.com/what-is-in-trump-travel-ban-2018-6">travel bans</a> on certain countries, reduced overall <a href="https://www.businessinsider.com/trump-administration-refugee-cap-data-2018-9?_ga=2.230789087.1525247061.1578950869-950928152.1562011128">refugee intake</a>, and discouraged <a href="https://www.insider.com/why-migrant-families-crossing-us-mexico-border-in-record-numbers-2019-3">asylum seekers</a> from entering. The Trump administration has tried to justify these policies by citing threats on national security and insisting that immigrants pose a hazard to the American job market. <div type="image" title="total number of US naturalizations 2009 2019" height="1339" width="1667" msid="76651537" hostid="261"></div>The number of naturalizations has remained steady over the last few years, as all of the citizens naturalized up until FY 2019 had to have been in the process of applying for citizenship and residing in the US for a minimum of 3-5 years. But the new policies under the current administration have created barriers to immigration and have instilled fear and anti-immigrant sentiments across the nation, which may impact the number of immigrants entering the US, and the number of those attempting the pathway to gaining citizenship, in years to come.My journey to citizenship followed a specific path, but it is in no way unique. The hundreds of thousands of immigrants who pursue citizenship through naturalization each year all have to jump through similar hoops and persist through each step of the process in order to eventually gain citizenship. My story is a testament to the fact that even if you are presented with an opportunity to immigrate to the US lawfully and you do everything by the book, it is no short and easy feat. Opportunity is only the first step. The government's increasingly strict requirements, having enough money to get through the application process, perseverance, and sheer luck decide the rest.

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Now stay on for 6 yrs post completion of degree in US

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Tim Cook, Jamie Dimon, and dozens of other CEOs are warning the Trump administration that its immigration policies are inflicting 'substantial harm'

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