In recent times, the United States immigration policy has entered a phase that emphasizes “strict enforcement,” according to Lawyer Chen Qigeng, founder of Green Maple Law Group. He pointed out that it is crucial to pay attention not only to the new regulations introduced by the government but also to the gradually implemented scrutiny powers that have existed in the past but were less actively utilized in legal matters.
For international students, immigration applicants, families planning to have children in the U.S., and Taiwanese companies sending employees to the U.S., one of the major risks lies in relying on past experiences that might not align with today’s immigration case requirements.
Chen advised against pursuing borderline solutions, highlighting that immigration policies and government powers often do not emerge suddenly but rather evolve over time. Therefore, applicants should ensure they gather all necessary evidence, identity deadlines, and backup plans in detail from the first application submission.
In the current stringent review environment, the strategy of submitting incomplete documents with the expectation of receiving a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) can significantly increase the risk for applicants.
Chen emphasized the importance of focusing on meeting legal and evidential thresholds during the initial application submission, rather than treating RFE as a routine stage in the case processing.
For international students, Chen specifically flagged the fixed duration rule for F, J, and I visa categories issued by the Department of Homeland Security (DHS), set to take effect on September 15. Under the new rule, the duration of stay for these categories will shift from a Duration of Status (D/S) mode to fixed dates, typically not exceeding four years per course or program.
He cautioned that not all students are required to complete their degree within this four-year period, but any extensions beyond the approved stay period for studies, Optional Practical Training (OPT), STEM OPT, or other academic arrangements must be promptly addressed.
Students pursuing adjustment of status to green card holders facing exit issues are even more intricate, as emphasized by Chen. He highlighted the complexities that arise if F-1 students leave using Advance Parole and re-enter the U.S., as it might affect their legal status until their green card petition is approved.
The article goes on to discuss the Public Charge policy changes scheduled to take effect on September 18th, emphasizing the need for families sponsoring elderly parents for immigration to preemptively assess the sponsor’s income, assets, parents’ medical needs, and self-sustainability.
Additionally, Chen addressed the issue of “birth tourism” concerning Chinese families, stressing that even though children born in the U.S. are protected under the Constitution as U.S. citizens, foreign nationals entering the U.S. for medical purposes or childbirth must adhere to visa and entry regulations to avoid immigration or visa-related issues.
Chen recommended that families retain records such as passports, visas, I-94s, I-20s, work permits, pay stubs, W-2 forms, and medical bills for future references to demonstrate the purpose and financial capability of their U.S. trips.
As Taiwan-based companies increase investments in the U.S., Chen also cautioned business owners to be mindful of the limitations regarding B-1 and ESTA visas. He stressed that short-term business trips do not automatically permit work activities beyond the scope of what is allowed for business visitors under a B-1 visa.
Chen advised Taiwanese companies and their employees traveling to the U.S. to carefully evaluate the nature of the work done in the U.S., the employer, the beneficiary company, work location, salary source, and contractual obligations to avoid misunderstandings regarding the distinction between business visits and employment.
In conclusion, Chen recommended that individuals and businesses adapt to the changing immigration policies and enforcement environment by proactively assessing risks before submitting applications, traveling abroad, or sending employees to the U.S. He stressed the importance of establishing legal strategies that prioritize clarity, predictability, and consistent adherence to regulations, rather than relying on past experiences for future security.