No, Zoe Lofgren’s Proposed Legislation Does Not Call For a New Mandatory Minimum H-1B Salary of $132,000
There appears to be widespread confusion, primarily among dozens of Indian news media outlets regarding U.S. Rep. Zoe Lofgren (D-Calif.) introduction of new legislation last week entitled “High-Skilled Integrity and Fairness Act of 2017” that would, among other actions, raise the salary level at which H-1B dependent employer are exempt from attestation requirements to roughly $132,000 and eliminate the Master’s Degree exemption for dependent employers. Most of these news articles are reporting that the minimum mandatory salary paid to an H-1B worker would be increased to $132,000, but this is incorrect.
The White House Now Apparently Focusing on the Dream Act, H-1B, L-1 and other Skilled/Professional Work Visas
Newley Purnell of the The Wall Street Journal blogged today about the White House’s Plans for H-1B and other Skilled/Professional Work Visas. The changes are likely to include “Tighter restrictions on skilled worker visas” which could be issued via “both executive action by President Donald Trump and via Congressional moves“. The article notes that “President Trump could use an executive directive to take steps like ending a provision announced in 2014 that allows spouses of H-1B visa holders [H-4 Spouses] to work in the U.S.” As well, any such changes would be included in a more comprehensive immigration reform effort.
48 Hours Later, Where Things Stand on the January 27 Executive Order
Via AILA
On January 27, 2017, President Trump issued an Executive Order (EO) entitled “Protecting the Nation from Foreign Terrorist Entry into the United States.” People all over the United States are rallying in opposition to this EO and showing their support for all of those individuals affected by President Trump’s EOs. AILA lawyers across the country are showing up en masse to provide legal support to those detained, as well as to families and friends waiting for their loved ones to be released.
Last night, lawyers filed actions across the country to halt the January 27 EO. A federal judge in the Eastern District of New York issued the first order, granting a nationwide stay of removal preventing deportation for individuals with valid visas and approved refugee applications affected by the EO. The next decision came out of a federal court in Massachusetts – it went a bit further and barred federal officials from detaining or removing individuals subject to the EO. Two other courts also issued rulings. In a case filed in Virginia, the court ordered federal officials to provide lawyers access to “all legal permanent residents being detained at Dulles International Airport” and barred officials from deporting covered individuals for the next seven days. In the case out of Washington State, the federal judge barred the federal government from deporting two unnamed individuals from the United States.
Lawyers in the New York case are seeking clarification from the court.
The Department of Homeland Security put out a statement early today stating only that the agency “will comply with judicial orders.”
More clarity was provided by Secretary Kelly of the Department of Homeland Security, who released a press statement this evening clarifying how the EO applies to LPRs: “I hereby deem the entry of lawful permanent residents to be in the national interest.”
What to Do If a Legal Permanent Resident (Green Card Holder) is Asked to Relinquish his/her Green Card and Sign a Form I-407, Abandonment of LPR Status by Customs and Border Protection (CBP)
In a word: Don’t.
Upon returning to the U.S., Legal Permanent Residents (LPR) should not automatically surrender their green cards if asked to do so. An individual does not lose LPR status as a result of time abroad. They remain an LPR until a final order of removal is issued and the government must prove abandonment by clear, unequivocal, and convincing evidence which a higher evidentiary standard than clear and convincing. See Matter of Huang, 19 I&N Dec. 749 (BIA 1988). Form I-407 must be signed voluntarily and there are no potential negative ramifications for refusing to sign. Neither failure to sign nor abandonment is grounds for detention. Rather, an LPR who refuses to sign Form I-407 must be issued a Notice to Appear (NTA) so that an immigration judge can determine whether they have lost their LPR status.
Full Text of President Trump’s Executive Order (EO) entitled “Protecting the Nation from Foreign Terrorist Entry into the United States.”
Full Text of President Trump’s Executive Order (EO) entitled “Protecting the Nation from Foreign Terrorist Entry into the United States.”
The U.S. Immigration Law Blog by Ashwin Sharma 
Ashwin Sharma Interviewed on President Trump’s Executive Order on Travel
Ashwin Sharma interviewed on President Trump’s Executive Order on Travel by WJXT’s The Morning Show