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川普总统上台已有半年多了,有不少竞选时提出的口号还没有兑现,但收紧移民政策这一条,毫无疑问是做到了。大选期间许多人对川普曾抱有幻想,认为收紧移民政策只是针对非法移民,而对合法移民不但不会收紧,可能还会放松。事实证明,这完全是一厢情愿。下面我们来讨论一下川普上台后对合法移民都做了那些政策的调整。首先让我们了解一下相关的背景知识。

美国是三权分立的国家。国会制定法律,总统执行法律,司法解释法律。在美国,任何法律的提出,讨论,制定和表决都要经过国会两院。总统签字后方能生效。法律生效后的执行交由总统及其下属的行政部门。而对法律在执行过程中产生的争议,只能交由司法部门来解释。

由于对权力的制约,美国总统不可能单方面大规模,大力度地修改现行的法律。但可以签发总统行政令对执法做有限的调整。总统还可以通过相关部门下发备忘录。调整对部门所处理事务的程序和标准。川普在合法移民方面,就是利用上述的两种手段,不断收紧。

川普砍向合法移民的第一刀就是1月27日签发的总统行政令。暂停七个穆斯林国家公民入境美国。此命令的目的是为了保护美国不被一小部分恐怖分子侵浸,但执行之后带来的苦果却由这些国家广大的合法移民来承担。不出所料,命令一出台,就被美国多个联邦法院法官以违宪为由下令在全国范围内暂停执行。目前该行政令的命运将由位于首都华盛顿最高法院来决定。

紧接着在今年的3月3日,美国国土安全部宣布自今年4月1日起暂时停止受理H1B的加急服务。自此,所有H1B申请人都面临自己的申请处于长时间的等待中。由于没有加急处理,今年四月以后递交的绝大部分H1B,申请人到现在还没有得到移民局的进一步消息。而在往年,H1B的审理工作已经接近尾声了。缺少加急处理,受影响最大的群体是以前有过H1B,在辞职或者被解雇时没有及时找到新的工作,H1B出现断档。现在找到工作了,需要重新申请H1B。如果有加急服务,申请人只要多交加急费,15天之内申请就可能被批准,申请人可以立即到新公司上班。15天的等待对于雇主来说是可以接收的。如果没有加急处理,申请人和新雇主需要等上很长的时间。待申请获得批准以后申请人才可以上班。许多雇主不能接收这样的等待。这就大大削减许多H1B失业人士在劳工市场上的竞争力 。

川普砍向合法移民的第三刀,是今年4月18日签发的“购买美国货,雇用美国人”的总统行政令。该行政令的重点是 “购买美国货”。在不到两页半的行政令里,涉及到雇用美国人的内容只有半页。矛头直指H1B。中心的议题有两点: 1)要求劳工部和国土安全部出台新的法规和指导性文件保护美国劳工的利益,包括杜绝H1B欺诈和滥用;2)劳工部和国土安全部须尽快出台对H1B的改革。确保H1B的签证颁发给具备高技能货高工资的外国劳工。

到目前为止,川普政府在杜绝欺诈和滥用方面采取了一些措施。比如近期增加了对H1B公司的现场防伪或核实调查。又在今年的7月26日邀请多方公众参与的电话会议探讨如何对H1B进行有效管理,以便更大限度地保护美国劳工的利益。至于对现行的H1B如何改革,怎样择优分配H1B的名额,川普政府还没有任何实质性政策出台。

就在上个星期,国土安全部突然宣布从今年10月1日起移民局将对那些在美国境内调整身份的职业移民申请人先进行面谈问话,然后才会核发绿卡。到目前为止,移民局还没有对外公布详细备忘录。美国的主流媒体NBC声称已经获得了备忘录的拷贝。如果情况属实,受这一政策影响的合法移民每年将达10多万人。这无疑是川普砍向合法移民的又一刀。

据称这个政策主要是为了贯彻川普总统的13780号行政令:防止美国被恐怖分子进入。笔者认为这是多此一举,毫无必要。在移民局决定是否批准绿卡之前,每个在美国调整身份的职业移民申请人已经被美国至少三个联邦机构审查过三遍了。首先,因为是拿签证来到美国,申请人要在自己的原居住国先被美国国务院官员面谈。其次,申请人入境美国时要接收国土安全部海关和边防局的问讯。最后,在递交了调整身份申请后,申请人的指纹和身份信息会被输入到司法部联邦调查局的多个数据库中被搜索。如果这些都审查都不能查处申请人有恐怖分子的因素,难道移民局的面谈就可以吗?

笔者还认为政策的实施必将带来调整身份申请更长的审理时间,并增加申请获批的不确定性。由于政策涉及的申请数量庞大,笔者怀疑移民局目前是否具备足够的人力和办公设施推行这一政策。此外,由于政府在移民事务处理上的资源有限,如果大力推行这项新政策,势必会造成从其他移民审理的部门抽调人力和物力。这必然会让其他类别的移民申请收到影响。从而加长其他移民申请的审理时间,增加案件的积压。

以上讨论的几个政策,都是出自川普的行政分支。在立法方面,川普总统于今年8月2日为两位共和党参议员站台,公开支持他们有关大幅削减合法移民年度配额的移民法改革提案。盛赞该提案是五十年来最好的移民改革提案。

真是这么好的提案吗?看是谁的立场了。如果从以美国司法部长赛恩斯和阿肯色州共和党参议员为代表的移民保守派立场来看,这个提案和上面提到的几个行政措施无疑是很好的移民措施,但是对广大的合法移民来说呢?对那些在美国已经学习生活工作了几年甚至更长时间,期盼自己和后代可以永远生活在这个国家的年轻人来说呢?一方面让美国的大学向世界敞开大门,让留学生以每年几十万的速度进入美国学习。同时在他们留学旅途的另一端,先是严格控制工作签证的核发,现在又要大幅削减移入美国的合法移民的配额。这是在对合法移民说“不”。

在这样的总统治理下,在这样的移民政治的笼罩下,对于广大的合法移民,要做的其实很简单。先问自己:你是要留在美国,还是不留。

如果你想留下来,我们的建议是:放弃幻想,立即行动。在最短的时间内准备和递交符合条件的移民申请。努力把握移民旅途上的主动权。让自己立于不败之地。

结束

以上文章版权属芝加哥张勇兵律师事务所。如有转载请表明出处。以上文章属一般介绍情况,不适用于个人案件分析,因此不应该当作法律建议。仅阅读此文无律师与客户关系的建立。您在阅读了本文后有法律疑问,如果您有律师,请向您自己的律师提出咨询。如果您没有律师,可以和我们联系:电话:312-750-9889;传真:312-750-9880;电邮:[email protected]; 网址:www.ybzlaw.com;地址:10 South LaSalle Street, Suite 3500 Chicago Illinois 60603

张勇兵律师事务所位于芝加哥市中心的拉塞尔大街。事务所精办美国各类移民和各类非移民签证的申请。移民申请包括:

PERM劳工证,特殊人才,国家利益豁免,杰出教授及科研人士,跨国公司经理移民,投资移民,以及K签证和各类亲属移民。非移民签证业务包括:H1B, L1, O, E,P,等签证。本所同时为公司和雇主提供遵守移民发有馆雇佣规定的法律服务。欢迎广大客户就相关的法律问题向张勇兵律师事务所作出垂询。我们一定以极大的热情,丰富的经验,精湛的技能为客户快速解决法律问题。张勇兵律师事务所地址:10 S.LaSalle St., Suite 3500 Chicago,IL 60603电话:312-750-9889传真:312-750-9880邮件:[email protected]网站:www.ybzlaw.com微信:lawofficeybz微信二维码 市中心办公室办公时间:周一至周五(8am – 5pm)西北郊(Buffalo Grove)预约面谈 (工作日晚上或周末)

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