'Trump has signaled that he has changed his stance on the H1B visa from his first term.'
Jasmin Singh is a distinguished expert in immigration law, specializing in business and family cases.
With a Juris Doctorate from the University of Washington School of Law and a magna cum laude BA in political science and Spanish literature from Colorado State University, she is a trusted voice in US media and a sought-after guest on global television platforms, providing insightful immigration guidance.
"For the next four years the Trump administration will likely be doing everything in their power to stop illegal immigration," Jasmin Singh tells Rediff.com US Contributing Correspondent Abhijit J Masih.
Can you elaborate if there have been or you anticipate any changes to the H1-B visas application and approval process?
There have been no policy changes under the Trump Administration regarding H1B visas yet.
Trump has signaled that he has changed his stance on the H1B visa from his first term.
During his first term, he promoted a program 'Buy American and Hire American'.
During Trump's first administration it was challenging to get an H-1B approved as there were high rates of denials even for positions which were quite technical.
Trump said he is considering expanding the H-1B program as he has been heavily influenced by his major supporters such as Elon Musk and Vivek Ramaswamy.
What alternative visa options can employers explore if the availability of H1-B visas is restricted?
The most popular option companies have been pursuing in lieu of the H-1B visa is the O-1 extraordinary ability visa.
The O-1 visa is for a foreign national who is distinguished in their field.
An applicant can apply for an O-1 visa anytime during the year and the O-1 visa is not subject to a quota like the H-1B.
Many multinational companies transferred employees to branches overseas to work for one year and then transferred them back to the US office under the L-1 intracompany transferee visa.
Again, the L-1 visa is not subject to a quota and you can apply for this visa at any time during the year.
What steps should current H-1B visa holders take to ensure they remain compliant with their visa terms?
Many employees mistakenly believe that their company's immigration attorneys are their personal attorneys as well.
The company's immigration attorney represents the company and the employee is a beneficiary of the process.
Therefore, a company's attorney is limited in advising the employee to the extent that the company permits.
I have provided many consultations to H-1B holders who didn't realize their rights as an H-1B visa holder.
For example, H-1B visa holders can transfer their visas to another company, or they are entitled to a 60 day grace to change status or change employers if their position is terminated.
Understand your H-1B visa and consult with an attorney outside of your company. Run through hypos with the attorney and understand what you can and cannot do with your H-1B visa.
What mechanisms might be put in place to enforce the end of birthright citizenship for children of visa holders?
Birthright citizenship is protected in the 14th Amendment of the US constitution.
The constitution can be amended and this is very difficult and lengthy process which requires two-thirds of both Houses (of the United States Congress) and approval by three-quarters of state legislators.
You cannot amend the constitution by signing an executive order. This executive order is already being legally challenged in court and will likely fail.
The last time the US constitution was amended was 33 years ago.
IMAGE: Jasmin Singh, Immigration Lawyer.
What legal advice would you offer to families concerned about the future status of their children born in the US?
Don't be concerned. The forefathers intentionally made it incredibly difficult to amend the constitution.
The country truly needs support from both parties both federally and at the state level to amend the constitution.
This means the Trump Administration needs the Democratic party's support, which he does not have.
In your opinion, how might these orders influence the long-term direction of US immigration law?
Most of the executive orders signed this week focused on illegal immigration.
Trump ran his campaign on immigration and he won the election because the majority of voters believed immigration was a top priority.
For the next four years the Trump administration will likely be doing everything in their power to stop illegal immigration.
During Trump's first term he also campaigned on curbing illegal immigration but the reality was his policy on legal immigration made it much more difficult and longer for those going through the legal methods.
We are hoping he re-evaluates his stance on legal immigration for his second term.
Feature Presentation: Rajesh Alva/Rediff.com
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