Will Merit-Based Immigration Affect K-1s?

[LibbyG99 65]

Trump is talking about an EO with merit based immigration. Will that affect K-1 visas?

[payxibka 10,044]

Until someone can actually read the EO, who can say for sure 

[igoyougoduke 1,604]

29 minutes ago, payxibka said:

Until someone can actually read the EO, who can say for sure 

they are cooking with some made up stuff. we will know once the soup is made 

[geowrian 22,335]

Any sort of change to be merit-based would require an act of Congress. An EO cannot change the laws in place today.

[xxlian 100]

He has been talking about changing to a merit-based immigration system since at least 2017. There's obviously no guarantee at this point, but it looks as though his idea of a merit-based system is mostly targeted toward work visas, as described on the White House website's article posted after the work visa EO was announced (https://www.whitehouse.gov/briefings-statements/president-donald-j-trump-putting-american-workers-first-restore-economy-greatness/). It specifically mentions the move to a merit-based system as "taking action to reform our H-1B immigration program." 

 

Again, this is no guarantee that K1s wouldn't be affected if there were such a change, but it doesn't seem as though that would be their focus. Unfortunately, this is another "wait and see" situation.

[LibbyG99 65]

Just now, xxlian said:

He has been talking about changing to a merit-based immigration system since at least 2017. There's obviously no guarantee at this point, but it looks as though his idea of a merit-based system is mostly targeted toward work visas, as described on the White House website's article posted after the work visa EO was announced (https://www.whitehouse.gov/briefings-statements/president-donald-j-trump-putting-american-workers-first-restore-economy-greatness/). It specifically mentions the move to a merit-based system as "taking action to reform our H-1B immigration program." 

 

Again, this is no guarantee that K1s wouldn't be affected if there were such a change, but it doesn't seem as though that would be their focus. Unfortunately, this is another "wait and see" situation.

Thanks for calming my fears at least

[xxlian 100]

9 minutes ago, LibbyG99 said:

Thanks for calming my fears at least

I had to calm mine as well.

[theballaam96 49]

9 minutes ago, xxlian said:

I had to calm mine as well.

Same

[igoyougoduke 1,604]

1 hour ago, xxlian said:

He has been talking about changing to a merit-based immigration system since at least 2017. There's obviously no guarantee at this point, but it looks as though his idea of a merit-based system is mostly targeted toward work visas, as described on the White House website's article posted after the work visa EO was announced (https://www.whitehouse.gov/briefings-statements/president-donald-j-trump-putting-american-workers-first-restore-economy-greatness/). It specifically mentions the move to a merit-based system as "taking action to reform our H-1B immigration program." 

 

Again, this is no guarantee that K1s wouldn't be affected if there were such a change, but it doesn't seem as though that would be their focus. Unfortunately, this is another "wait and see" situation.

 

Congress hasnt passed an immigration bill for 25 years. So if you need to chill.. read that again. Congress track record and interest to change status quo is zero. Silly donald think he is a king and. can pass EO for citizenship. 

Edited July 12, 2020 by James120383

[LibbyG99 65]

10 minutes ago, James120383 said:

 

Congress hasnt passed an immigration bill for 25 years. So if you need to chill.. read that again. Congress track record and interest to change status quo is zero. Silly donald think he is a king and. can pass EO for citizenship. 

Correct me if I'm wrong but wouldn't it be the federal courts that shut it down, not congress?

[JeanneAdil 6,197]

19 minutes ago, LibbyG99 said:

Correct me if I'm wrong but wouldn't it be the federal courts that shut it down, not congress?

Congress is in charge of DOS and therefore the laws that govern immigration and although they all state there are problems with illegal and legal immigration, they have yet to appoint  a subcommittee to study the issues and make any changes.

[payxibka 10,044]

Just now, JeanneAdil said:

Congress is in charge of DOS and therefore the laws that govern immigration and although they all state there are problems with illegal and legal immigration, they have yet to appoint  a subcommittee to study the issues and make any changes.

The President is in charge of the DOS.  

[Cyberfx1024 7,978]

3 hours ago, LibbyG99 said:

Trump is talking about an EO with merit based immigration. Will that affect K-1 visas?

You know under Merit based immigration systems people can still petition their fiance, spouses, and children right? You just wouldn't be able to petition your parents and/or siblings. That is how other countries like Australia and Canada do it. 

[geowrian 22,335]

2 hours ago, LibbyG99 said:

Correct me if I'm wrong but wouldn't it be the federal courts that shut it down, not congress?

A federal court would have to shut down an EO that goes beyond the limits of what the law allows.

Congress would have to pass a law to eliminate or create new visa categories - or change the requirements for existing ones - like any sort of merit-based system would require.

[SalishSea 16,770]

4 hours ago, Cyberfx1024 said:

You know under Merit based immigration systems people can still petition their fiance, spouses, and children right? You just wouldn't be able to petition your parents and/or siblings. That is how other countries like Australia and Canada do it. 

Depends entirely on how it is written.  The laws in other countries are not precedent for changes to laws in the US.