The Trump Administration recently announced it would be delaying an Obama-era rule that would allow foreign entrepreneurs to temporarily live and work in the U.S. to build up their companies. In the administration’s announcement, it said the rule would be delayed until next March. But it made clear that its ultimate goal is to scrap the rule entirely.

The delay will “provide [the Department of Homeland Security] with an opportunity to obtain comments from the public regarding a proposal to rescind the rule,” the announcement said. The rule, known as the International Entrepreneur Rule, was set to go into effect next week. It was approved by former President Barack Obama before he left office in January.

The rule was designed “to improve the ability of certain promising start-up founders to begin growing their companies within the United States and help improve our nation’s economy through increased capital spending, innovation and job creation,” according to a press release issued when the final rule was signed earlier this year.

To qualify, foreign entrepreneurs would have to show they have raised at least $250,000 from known American investors, or at least $100,000 from government entities. Qualified applicants would have been granted stays of up to 30 months, with possible extensions. The rule would also have applied to a grantee’s spouse and children. Under the Obama Administration, DHS estimated roughly 3,000 entrepreneurs would have benefitted from the rule.

In explaining its decision to scrap the rule, the Trump Administration pointed to an executive order President Donald Trump signed in January, titled “Border Security and Immigration Enforcement Improvements.”

The order directs the DHS to “take appropriate action to ensure that parole authority is exercised only on a case-by-case basis in accordance with the plain language of the statute, and in all circumstances only when an individual demonstrates urgent humanitarian reasons or a significant public benefit derived from such parole.”

Investors, along with many tech industry representatives, blasted the administration’s decision to delay, and potentially delete, the rule. In a statement, Bobby Franklin, the president and CEO of the National Venture Capital Association, said the announcement “is extremely disappointing and represents a fundamental misunderstanding of the critical role immigrant entrepreneurs play in growing the next generation of American companies.”

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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After 100 days of aggressive anti-immigrant action, the Trump Administration may be approaching a stumbling block: keeping American farms running without immigrant farmworkers. At a roundtable last month, American farmers explained to Trump that they are dependent on immigrant labor as local hires are rarely willing to work the farms.

Farms across the country, but especially in California, have faced labor shortages for years and as immigration restrictions tighten, the labor supply is quickly dwindling. The White House declined to discuss the specifics of the conversation but Trump reportedly said that he was focused on “criminals” rather than farmworkers and that he won’t destroy the labor force for American farms. However, it is difficult to make such a promise when more than half of American farmworkers are undocumented.

The H 2-A visa program provides agricultural guest workers with legal entry into the United States and as use of the program has risen over the past several years, fewer agricultural workers have been entering the country illegally. However, the H 2-A visa is only a temporary permit. Senate Democrats are currently sponsoring a “blue card” bill that would protect undocumented farmworkers who have worked at least 100 days in each of the past two years from deportation. A “blue card” is a modified green card, designed specially for agricultural workers to fast-track them toward permanent residency in the U.S.

Unfortunately, the bill lacks bipartisan support and there is little incentive for Republican senators to reach across party lines as the majority of their farming constituents voted for Trump, despite the fact that his administration plans to gut spending for farms across rural America. The blue card bill is a viable path to citizenship that will keep farms running and actually stabilize the labor market. Farmers often lose seasonal workers after they return home in the off season and don’t want to risk the passage back into the U.S., but with blue cards, the farmworkers could stay legally and work multiple seasons in a row.

Farmers only stand to benefit from having a steady labor supply but their loyalty to the Trump “pro-business” platform might push them to act against their own self-interest and be satisfied with the empty promise he made at last month’s roundtable. Even if Trump expanded the H-2 visa program, without a path to permanent residency, it is only a Band-Aid over a much more serious labor shortage. The blue card bill could be the path to citizenship that keeps farms running but it’s flown pretty much under the radar up to this point and without a grassroots campaign pushing for it, it will fade before it ever gets close to becoming a law. Undocumented workers do not always have the resources to speak for themselves and fear of deportation after a spike in arrests only makes speaking out seem more dangerous. It is up to the farmers, who have organized unions, lobbying groups and above all, stock with the Republicans, to fight for the blue card bill. If they let this bill fade into obscurity, their farms could take a hit.

Jillian Sequeira

Jillian Sequeira was a member of the College of William and Mary Class of 2016, with a double major in Government and Italian. When she’s not blogging, she’s photographing graffiti around the world and worshiping at the altar of Elon Musk and all things Tesla. Contact Jillian at Staff@LawStreetMedia.com

The post Why Farmers Must Support the “Blue Card” Bill appeared first on Law Street.

During a visit to a tool factory in Kenosha, Wisconsin on Tuesday afternoon, President Donald Trump is expected to announce an executive order aimed at reforming the H-1B visa program.

The H-1B, a temporary visa for foreign workers to fill high-tech jobs in the U.S., has been targeted by both Democrats and Republicans for being unfair to American workers. Critics argue that some employers abuse the program by firing American workers and hiring foreign workers, many from India, on the cheap.

Trump’s executive order will essentially make it harder for employers to issue H-1B visas; employers and the prospective visa-holders would have to prove the job is going to “the most highly skilled workers,” according to a White House official familiar with the order.

The visas are designed to help a variety of U.S. companies fill their workforces, but critics contend that they are often used as an excuse to hire cheap foreign laborers. In some instances, American workers even train their eventual replacements–foreigners who work the same job for a lower wage.

According to a senior White House official, the order will direct “the strict enforcement of all laws governing entry into the United States of labor abroad for the stated purpose of creating higher wages and higher employment rates for workers in the United States.” It will deliver on Trump’s promise to “buy American and hire American,” the official said.

Hundreds of thousands of foreign workers apply for the visas each year. The government admits 85,000–a lottery system selects 65,000 applicants, and an additional 20,000 are given to graduate students.

Supporters of the visa program laud it as a way for employers to fill high-skilled jobs that are difficult to fill with American workers. But while the program is designed for engineers, scientists, and computer engineers, most of the H-1B workers are in the information technology sector–jobs that do not require an advanced education.

In fact, the three companies with the most H-1B employees–Tata Consultancy, Cognizant Technology, and Infosys–mostly hire foreign workers who only have bachelor’s degrees. An estimated 80 percent of employees at those three firms only have bachelor’s degrees.

In addition to reforming the H-1B program, the official said Trump’s order will call on a number of government agencies to clamp down on “fraud and abuse” in the immigration system in order to protect American workers.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

The post Trump to Sign Order on H-1B Visas to Encourage Hiring Americans appeared first on Law Street.

Welcome to RantCrush Top 5, where we take you through today’s top five controversial stories in the world of law and policy. Who’s ranting and raving right now? Check it out below:

All Eyes on Georgia’s Sixth

Today, the Sixth Congressional District of Georgia is holding a special election to fill the House seat that became vacant when Tom Price left to become the Secretary of Health and Human Services. Although the state is very red and most of the candidates are Republicans, 30-year-old Democratic candidate and documentary filmmaker Jon Ossoff is hoping to snag more than 50 percent of the vote to avoid a runoff. This election has been deemed the first litmus test for Donald Trump’s presidency. Many are hopeful that Ossoff can pull it off.

Georgia’s special election: Can Jon Ossoff land a knockout in Round 1?https://t.co/V1MXitS8Y0

— The New York Times (@nytimes) April 18, 2017

However, Republicans have countered with Islamophobic ads featuring images of Osama bin Laden. They’ve called Ossoff untrustworthy because his production company made videos for al-Jazeera, a Qatari news organization. And over the weekend, voting machines were stolen from a Cobb County precinct manager’s car. The machines reportedly have voter information in them, but it is “hard to access.” According to the county’s Elections Director Janine Eveler, the machines could not be used to fraudulently vote. But still, all eyes are on Jon Ossoff today.

Georgia! Don’t forget tomorrow’s special election. It’s either take one hour and vote or go to a town hall every week and scream until 2018.

— Full Frontal (@FullFrontalSamB) April 17, 2017

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

The post RantCrush Top 5: April 18, 2017 appeared first on Law Street.

Welcome to RantCrush Top 5, where we take you through today’s top five controversial stories in the world of law and policy. Who’s ranting and raving right now? Check it out below:

New “Extreme Vetting” Could Force Tourists to Hand Over Cellphones and Passwords

According to Trump Administration officials, the government is considering adding “extreme vetting” to the security check process at airports. Tourists and visitors could be forced to reveal their phone passwords to allow border agents to look through their contacts, social media profiles, and whatever other information they keep on their phones. Visitors could also face inquiries about their “ideology,” including questions about honor killings and the “sanctity of human life.” They could even be forced to hand over financial records. Officials said that the rules could also apply to the countries currently enrolled in the Visa Waiver Program, which allows citizens from 38 countries to travel to the U.S. without applying for a formal visa.

If the goal is to deter/eliminate foreign travel to the US, this would definitely do it: https://t.co/n8QG7jlCj3

— brianweeden (@brianweeden) April 4, 2017

A lot of people were pretty upset by this news and called the move intrusive and crazy. Dozens of human right groups came together and issued a joint statement saying that the new rules would enable unjustified scrutiny and invasion of privacy. It would also deter travelers from coming to the U.S., which could harm the American tourism industry.

If as reported, “extreme vetting” would be extremely destructive to our long term competiveness and global standing. https://t.co/gPSQ24xyY4

— David Axelrod (@davidaxelrod) April 4, 2017

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

The post RantCrush Top 5: April 5, 2017 appeared first on Law Street.

What You Need to Know About Devin Nunes, the FBI, and Russia

Yesterday, House Intelligence Chairman Devin Nunes (R-CA) shocked everyone by claiming that President Donald Trump might have been under surveillance after all. He said that he had been given reports that showed that intelligence agencies had intercepted communications of Trump and his associates. But he conceded that those communications were picked up incidentally by intelligence agencies and that Trump was not the primary target. Nunes then chose to brief Trump and talk to the media before informing his Democratic counterpart, California Congressman Adam Schiff.

Within minutes of #DevinNunes‘s stunt, it was clear he had torpedoed his reputation and that of his committee. That assessment still holds.

— Peter Daou (@peterdaou) March 23, 2017

It’s all very confusing–Nunes said that the information appeared to be part of lawful collections of foreign intel, but that he was still “alarmed.” And he was pretty severely criticized for immediately briefing Trump on the matter, given that he’s also tasked with investigating the president. Nunes defended his decision by saying that the information he told Trump had nothing to do with Russia.

Then, late last night, U.S. officials said that the FBI does have information that indicates that Trump’s associates may have communicated with Russian officials to release information that would damage Hillary Clinton’s presidential campaign. Accusations have now been levied that Nunes only made the surveillance comments to deflect attention from these more concerning claims. Democrats, and some Republicans, are pretty outraged and are calling for an independent investigation.

The idea that Devin Nunes will investigate Trump/Russia is a farce. It’s time for a real, independent, transparent inquiry.

— Elizabeth Warren (@SenWarren) March 23, 2017

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

The post RantCrush Top 5: March 23, 2017 appeared first on Law Street.

Welcome to RantCrush Top 5, where we take you through today’s top five controversial stories in the world of law and policy. Who’s ranting and raving right now? Check it out below:

You’re Fired: U.S. Attorney Preet Bharara

Over the weekend, former U.S. Attorney for the Southern District of New York Preet Bharara tweeted that the Trump Administration had fired him. This comes after the Trump Administration asked 46 Obama-appointed federal prosecutors to resign last week. Bharara refused, claiming that Trump had asked him to stay on when they met in November. Bharara is perhaps best known for fighting corruption in New York City. Bharara later tweeted that he now knows “what the Moreland Commission must have felt like,” referring to a commission that investigated corruption in politics in 2013.

By the way, now I know what the Moreland Commission must have felt like.

— Preet Bharara (@PreetBharara) March 12, 2017

A lot of people are confused about what is going on behind the scenes with the Trump Administration. Trump still has many empty seats to fill in the federal government, and experts from both parties say that the process is way behind schedule.

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

The post RantCrush Top 5: March 13, 2017 appeared first on Law Street.

The Senate passed a measure on Thursday that will renew the Special Immigrant Visa (SIV) program, designed to provide asylum for Afghan translators and interpreters who assisted U.S. troops in Afghanistan and Iraq. Attached to a larger bill–the National Defense Authorization Act–the measure added 1,500 additional visas to the program, which lawmakers from both parties and military officials traditionally support.

Though it easily passed by a vote of 92-7, lawmakers have been at odds during the past few months over the specifics of the measure, including how many visas should be added, and how much it would cost. Earlier this year, President Obama requested 4,000 applicants be added to the program, though the measure missed that mark by 2,500 visas. There are currently 13,000 pending applications from sanctuary-seekers.

Since U.S. troops invaded Afghanistan in October 2001, thousands of Afghans have assisted troops as translators and interpreters. Many face threats when they return home, from the Taliban–which remains a force in the country–other extremist groups, or even from their neighbors who may view them as traitors. The SIV program provides sanctuary for Afghan nationals who were employed for at least two years on behalf of the U.S. military, and who experience an “ongoing serious threat as a consequence of such employment.”

In August, Senator John McCain (R-AZ), a vocal proponent of the program, offered a blunt warning on the Senate floor: “People are going to die,” he said to a fellow Republican who wanted to block more visas from being added to the program. “Don’t you understand the gravity of that?”

The program began in 2009 under the Afghan Allies Protection Act, and is traditionally attached as a clause to the annual military bill. This year’s bill, expected to cost $619 billion, also calls for a 2.1 percent wage increase for U.S. troops, the steepest increase since 2010. One lingering question about the SIV program is how President-elect Trump will handle it.

Three of Trump’s cabinet choices thus far are former generals, and the military is a traditional supporter of the program. But more visas would also mean more Muslims in the U.S. Throughout his campaign, Trump often targeted Muslims with harsh rhetoric, and has flirted with banning the entire faith from the country.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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