The revision of Trump immigration from H-1B and EB-5 visas to cause legal storm

The latest President Trump’s immigration decrees are some of the most sweeping in modern memory. With the stroke of a pen, it slapped a $ 100,000 fee for new H-1B visas in one decree and in another decree introduced a “golden card” of $ 1 million for rich people who also eliminated job creation requirements.

With these moves, Trump has effectively smooth out the H-1B program as a labor dome of employment-based immigration and ousts the EB-5 view as the main source of immigration in employment development in America. The president launches these changes as bold reforms to protect US workers and increasing revenue. But together, they could threaten the constitutional order, degrade justice and invite America’s opponents – mainly China – to climb the world’s talent that has long fueled US innovation.

New fee for H-1B visas without previous

The new $ 100,000 price for an H-1B visa is unprecedented. Since their creation, the H-1Bs were the primary course for specialized external professionals, scientists, doctors, teachers of whom know-how helps to fill gaps in the US labor market.

The White House insists that the fee will only apply to new references, not to renewals. But the signal is clear: America sets a paywall just like global competition for knowledge workers is intensifying. This is a particularly harsh blow for applicants from India and China. Since it looks more like a penalty than a pay for America, this proposal seems similar to trying to drive a car with the emergency brake. There is a better way to do this.

Trump’s Trump’s Golden Card

At the same time, the administration has revealed a golden card that allows permanent home for those who can pay $ 1 million directly to the US Treasury. Unlike the EB-5 program, which always required both investment and the creation of at least 10 US jobs, the The golden card does not make such a demand for employment.

Below the EB-5, the deal was simple: Bring your capital, create jobs and you and your family can stay. Finally, you can apply for citizenship. Under the golden card, just bring your money and you are in. The US government goes to green cards for sale. This undermines the EB-5 legal institution, although the program remains protected from the Articles of Association by 2027 in accordance with the EB-5 Reform and Integrity Act.

Legal and Constitutional Challenges

The problems here are not only financial but also legal and constitutional. The categories of immigration such as the EB-5 are statutes created by Congress. By re -enrollment of their basic requirements without legislative approval, the executive violated the separation of powers. In addition, the Administrative Procedure Law requires significant changes to undergo alert, public comments and revision. The announcement of sweeping fees or new categories of visa without this administrative procedure is a violation of the fair procedure. The courts have checked such exaggerations and the lawsuits are sure to follow.

American green cards for sale

The golden card sends the undisputed message that US residence is for sale. They are privileges oligarchs and global elites, while specialized employees without substantial personal wealth – researchers, doctors and engineers – leave care. This is in danger of creating a two -level system: one for the rich and another for everyone else.

In the meantime, the new H-1B fee is jeopardizing families and careers, disrupting the plans made in advance. For universities, hospitals and technology companies, the weight is immediate: How do they continue to attract the talent they desperately need without breaking the bank?

Financial damage will not be limited to the immigrants themselves. If the US is hiring specialized foreigners prohibitively expensive, companies could transfer work abroad. Research and Development Centers can germinate in Toronto, Bangalore and Berlin and not Boston and Austin. Investors who calculate EB-5 projects to finance real estate or infrastructure will walk away and not to play in unpredictable rules. The results of the ripples could slow down the development of technology, biotechnology, healthcare and higher education.

Providing America’s future to China

As if the bets are underlined, other countries move quickly to fill the void. In particular, China is expanding high -qualification visa and accommodation programs. The “Category A” system offers rapid work permits for foreign professionals in technology, science and entrepreneurship, with approvals in just 10 days and licenses that have been valid for up to five years.

Permanent residence is increasingly available to those who contribute significantly strategic sector. Although not a perfect copy of H-1B, China’s Pathway competes for the people themselves now in danger of losing: engineers, scientists and entrepreneurs who can choose where to get their talents. Beijing’s message is blunt: If Washington closes the door, we will open our own.

China is not alone. Canada markets himself as a more predictable alternative. Some Canadian companies help specialized professionals quickly relocate to Canada’s most affordable immigration system and then continue working on a contract for US companies. This model close to the lock is far from the ideal-does not give employees the same protections or opportunities as US residence-but for many, it is preferable to navigate to America’s changing and precise rules. The irony is impressive: US companies desperate for talent can find their workers just beyond the border, is legally employed in CanadaBecause US policy led them there.

Legal challenges inevitable

Legal challenges are inevitable and the courts are likely to destroy or reduce these new measures. Judges have historically prevented the executive defense of immigration, from travel bans to Daca’s repetitions. The EB-5 program, in particular, enjoys legitimate protection that cannot be overturned by the Presidential Declaration. But even temporary enforcement can cause constant damage. Companies cannot plan, families cannot be installed and investors cannot commit when the rules appear to change overnight. Uncertainty is the same as a tax – one that unites with every abrupt shift of politics.

The question is: What kind of immigration system America wants to integrate? Will it be a rooted in justice, the legislative power and the belief that talent and contribution are important? Or someone driven by short -term revenue targets, class privilege and executive decree?

For decades, the United States’ promise was that the best and brightest could come here to study, work, innovate, and ultimately belong. This promise created Silicon Valley, fueled progress in medical and enhanced universities that remain the envy of the world. To betray it now it would be to waste a competitive advantage, no quantity of invoices or executive orders can be restored.

Trump immigration review measures may be trampled on in court. But the message they send – the parliamentary for evaluation, a rule by law, instead of the rule of law – a danger that erodes trust in the United States as a credible destination for the talent of the world. And as China and others go with their own offers, America can find out very slowly that once the best and glittering leave is rarely returned.