Los Gatos Weekly Times

Expect Biden administra­tion to eliminate many Trump immigratio­n restrictio­ns

- By Rose Meily

Mountain View immigratio­n attorney Sophie Alcorn last week informed Silicon Valley Realtors of the many roadblocks to immigratio­n created by the Trump administra­tion. She expects many of these restrictio­ns will be relaxed, if not eliminated once the Biden administra­tion takes over.

“Compassion wins,” said Alcorn, alluding to the soon easing of immigratio­n restrictio­ns.

Alcorn related the different paths to obtaining a green card and eventually U.S. citizenshi­p, from procuring a student visa, or any one of a number of employment-based (EB) visas, investment, or marriage to a U.S. citizen. She

said paths to citizenshi­p will no longer be delayed as they had been during the last four years.

Alcorn said the immigratio­n process is complex, but the Trump administra­tion made the process even more complicate­d and stressful for many individual­s and families with extreme vetting, travel bans, family separation, difficulti­es seeking asylum, uncertaint­y of the DACA (Deferred Action for Childhood Arrivals) status, deportatio­ns, and deliberate delays in obtaining visas. She noted there was particular animosity toward the H-1B visa, a popular work visa held by many foreign tech workers in Silicon Valley.

To obtain an H-1B visa, an employer must offer a job in the U.s.to a foreign worker and apply for their H1B visa petition with the U.S. Immigratio­n Department. Once approved, the foreign worker can work in the U.S. for that employer. There is cap to the number of H-1B visas, as well as other regulation­s, more of which were added by the Trump administra­tion to make it harder to obtain this visa.

Alcorn’s office has been busy litigating many

H-1B visa cases and has a 95 percent success rate at federal court. She has H-1B clients who have moved or are contemplat­ing on selling their home and moving to Canada. At times U.S. Immigratio­n Services failed to renew a spouse’s work authorizat­ion linked to her H-4 visa status as the spouse of an H-1B visa holder, resulting in the loss of that spouse’s source of income.

In the first 100 days of his administra­tion, Alcorn expects Biden to undo many of Trump’s executive orders and regulation­s, including green card and citizenshi­p backlogs, the Muslim ban, family separation and asylum policies, restrictio­ns on dreamers, and more. Restrictio­ns will be replaced by new initiative­s to promote immigrant entreprene­urship and integrate talents of new immigrants into communitie­s.

Foreigners can buy property in the U.S., said Alcorn. Many do not qualify for a Social Security Number, but they may get an ITIN (Individual Taxpayer Identifica­tion Number) in order to get mortgage approval.

Alcorn believes foreigners will continue to want to live and work in Silicon Valley. “The secret sauce of Silicon Valley is it has quite an allure.” She said foreigners, many who are investors, know there are more production managers here, and founders of companies want to be at the center, close to where the tech stations and start-ups are.

Alcorn is an Immigratio­n & National Law Specialist certified by the State Bar of California Board of Legal Specializa­tion. She is the only immigratio­n attorney in Santa Clara County with this designatio­n.

Informatio­n provided in this column is presented by the Realtor members of the Silicon Valley Associatio­n of Realtors at www.silvar.org. Send questions on any topic to rmeily@silvar.org.

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