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now hello and welcome to today's episode of immigration and job talk show I'm your host Sam and I'm back again with a very exciting episode that is lined up for you today so before diving into today's topic and announcing the name of our very special guest here's a very important disclaimer that is by watching our videos you agree and understand that the information provided by our experts and attorneys including comments and replies from users is not legal advice so use of information is at your own risk so folks once again welcome back to immigration and jobs talk show I'm your host Sam and today we are diving into a very critical And Timely discussion that is how will the Trump's Administration impact eb2 and IW eb1a and Asylum applications so as we all know folks that immigration policies have been a very significant you know we have seen a very significant changes in recent years and also understanding how these changes affect highly skilled workers individuals of extraordinary ability and those seeking Asylum is more important than ever so to explain and clear all your doubts and to guide you on the right path we have an expert with us today please join me in welcoming attorney Amin yaku an expert in immigration law with an impressive track record with a strong background in litigation and before his current role at Bogen months and months Mr yaku ran his own solo practice helping clients navigate complex immigration and litigation challenges as an eb2 exceptional ability an niw immigrant himself a mean understands firsthand the complexities of the immigration process his personal experience drives his passion for delivering top-notch legal representation to his clients ensuring not only quality but also efficiency with a nearly 99% approval rate in securing ab2 and IW and ev1 visas for his clients Mr yakub is a true leader in the field so I mean first of all welcome to immigration and jobs talk show and it's an honor to have a show with you how are you doing good and uh thank you for the kind introduction it's a pleasure to be here absolutely and it's an honor you know to have a show with you and we are really grateful that you are here with us so thank you so much for joining us and also y me uh I would like to ask that uh you know before diving into today's topic and going to talk about today's episode I would like to know that were you expecting Trump to be back in White House yes I I did actually uh I would say I did expect him to be back when musk especially uh joined forces with with Trump uh because um you know musk hasn't failed yet in any of his Endeavors so it meant a lot when he joined forces um and he was like giving a million dollars a day uh to to people and uh stuff like that so it's just I I felt like he's going to come back to office uh to uh correct the economy as well so people people are feeling it here in in the US and feel like they need to um have a better economy and that is usually the number one drive for the presidential uh election in the US all right so uh I mean I would also like to ask that uh how do you think that under Trump's era how do you see the future of us do you think it will be a new era or a nightmare for us yeah uh I think we seen Trump before so it's not like we're uh just ex exploring the new candidate here so we've seen him from 2017 up to 2021 uh and it was I mean 2016 up to 2020 and it was not a bad year at all uh was the economy went up and everything was uh in terms of immigration nothing actually changed during his era uh I would say Americans were at least ing to polls uh we're feeling satisfied with the economy we're we're feeling satisfied with the low uh mortgage rates interest rates and uh they everyone had kind a chance in in applying for jobs and having employment in in Trump's era but of course people blame the covid-19 2020 uh on what happened during Biden's Administration but my point is it's just the last uh period that we actually witnessed Trump doing work as a president of the US he was not as bad as the media might actually show and it's all like a a political Ty in the US uh media is to show a picture of trump he he's like anti-immigration and and anti people who are are willing to actually help the US be a better country and that's not true and that's why I'm interested in talking talking about uh immigration under Trump uh because it's a completely unpopular opinion if compared to whatever is going on on the media or whatever is going on on the newspapers uh so that's how you so the the other party here is the you know Democratic party uh everyone tries to influence the public somehow so that they uh vote for them so that they actually get them to the seats power so we just have to be neutral and watch closely and you know wisely in order to see what is true and what's not true absolutely and uh also uh I mean you know as you mentioned that media has portray Trump in a little different way and uh we can see that you know even when Trump was serving food to in Mei then also that uh you know that social media post uh just spread like fire and it was also giving a different opinion that U he's serving because he wants Vote or there was some kind of other opinion you know that people were poing in a different actually in a little negative way and on the other side if we look upon the Democrats then uh I would say that for Democrats the media was bit lenient they were more supportive right yeah so I think that's why but also uh you know I would like to know from your side that can you be a little specific about that why Trump won in this election instead of you know as media plays a huge role and what media was portraying that what people believe but out of that also you know people supported Trump and made him choose him the leader so can you please go ahead and share the reasons behind it yeah so you're asking about my personal reasons why Trump is coming back not the objective reasons here or that's okay you can give your reason yeah so uh again Trump is a businessman he has no more knowledge about the economy and how it works and we have seen so that's kind of objective and subjective at the same time we've seen Trump before doing his job as a president from 2017 up to 2021 and we have seen the vice president cameela Harris doing her job as a vice president uh from 2021 up until now so when we compare both um you know candidates we basically see two people who are not new people to us uh they have been in power they have been doing uh things so we can just observe and see was the economy better under the first or the second one uh was you know every every aspect so what was immigration better and faster for under the first presidential candidate or under the the second vice president who's uh currently still in office and by by doing that just a simple analysis to me uh it seems kind of obvious that we can see that actually Trump uh you know even Asylum you you no no nobody would actually wonder that it's like Asylum was much faster under Trump and I'm talking about affirmative Asylum so that's an immigration issue and of course this is one of the biggest uh portions of the policy of trump so he's not anti- immigration he's anti- illegal immigration so he's want of what what he wants to do is to vet people coming in so that he focuses all the efforts all the efficiency of usas on legal immigrants and basically move things faster in 2017 up to up to 2021 what usually had had happened was they they actually accepted people in asylum in five six months they scheduled an interview when five six months uh now an interview would be scheduled in six years so we are seeing a completely different era in Immigration under Biden's Administration and everyone is so panicking about Trump uh everyone is so panicking about Trump and immigration again because of the media here uh so that's why you know I feel like it's important to actually show uh what is true and what's not and my opinion uh you know may convince you or not but uh I'm relying on data here and I'm relying on statistics as well approval rates on of of eb2 aw and eb1 under Trump's Administration and under Biden's Administration uh so hopefully that will be useful and hopefully that will actually make immigrants relax a little bit when they think about applying for eb2 and aw or eb1a under Trump not under Biden because everyone is so panicking right now and I want to say do not panic this is not going to be wor I think it's it's going to be much better actually for you wow that's great I think uh this is really insightful and U this conversation I'm loving it from my side and also uh you know I mean before delving into the questions that we have prepared for today's topic there's one more question that's intriguing in my mind do you think As Trump says that there will be a mass deportation from the very first day that he'll be joining the office in 2025 so do you think that that will happen because there are millions of people and practically that's not possible so what call on that so is it possible yes it is possible uh is it practically possible POS possible I don't think so uh he tried to do the same thing in in the first year he actually took office in 2017 and he couldn't and when he's saying Mass deportation again we have to be very specific about what kind of population he's actually trying to deport so anyone who has legal papers is not subject to this Mass deportation but anyone who has entered the country without any legal papers without a Visa and they entered through the borders and they came to the US unvetted probably uh he will do his best to Deport these people now there there is a status in between which is people would actually come through the borders and uh try to obtain a legal status so the question becomes what happens to those in between people so they would be in a safer condition than those who actually came to uh the US and remained without papers and you would be surprised we actually have many unvetted people coming through the borders and uh I don't think that's wrong to actually you know make a legal move regarding undocumented uh immigrants or people who have never respected a rule in in the immigration law I think that happens uh normally in all countries around the world so no country actually allows anyone to come in you have to have a Visa so it's not like something out of the ordinary here uh but if you do have paper no one is going to be able to touch you because we you have to be before a court uh which we call a procedural view process before an Administration whether Trump or anyone else actually has any decision over you or deporting you so if he decided to deport someone with legal papers let's say a co8 pending Asylum status uh then he would actually advise us to refer them or defer them to court and once they referred to the Immigration Court then they would have what we call a day of the court so they can't represent themselves they can't have an attorney and if they won the case they're going to be remaining here in the US legally if they lost the case then they will be deported back to their home countries so uh that that's important to clear some uh again complexities regarding the mass deportation and the media uh you know hyperb that's like you know just people are leaving people are going to be Trump is going to basically take people arrest them and remove them from the US all immigrants uh so generalization is is not accurate here and it's important to distinguish between all these St of of people and immigrants in the US all right that's that's great so thank you so much I mean for explaining that and taking that question up now I would like to shift our uh you know topic uh shift our eyes on this topic that how will the Trump Administration impact eb2 and IW eb1a and Asylum applications so uh I mean my first question to you is that how might the Trump Administration focus on Merit based immigration affect the adjudication process for eb2niw and eb1a applications yeah uh so that one of the most important questions that we actually get on a daily basis right now uh so how would he impact those kind of policies so first we have to distinguish between between what he can do and what he cannot do so as a president uh he is having very specific authorities that he actually allowed to do so for example we have the matter of bosur right now which is the Mark decision behind the eb2 national interest waiver is he allowed or is he authorized under law to basically reverse a court decision that's a no here so the answer is no uh is he allowed to change immigration law the Ina Act of 1990 which actually put forward the national interest River the eb2 and most employment based immigration visas the answer is no uh because Congress has the authority to actually put it uh you know reverse it or change it amend it with a majority of votes which is very very difficult to do because we have again even if we have right now a republican Congress we still have people who are believing in the immigration under Republicans and under Democrats so people would be rejecting any kind of change or radical change I would say to the ENA act itself what has been which has been uh existing since 1990 uh so what kind of impact would Trump be able to do to immigration would be directed impact so even though he has uh control over the borders he can actually advise Homeland Security to not allow people in he doesn't have much control over usas except as directive opinion so he would be giving a direct Ive uh statement to USA as saying well please try your best to uh do better when it comes to evaluating the national interest raver or whatever and my idea again would be that he would actually broaden this cope not not as people think that he would actually make it exclusive to Scholars or scientists uh and I believe so because he even suggested to give a green call to everyone who's graduating call it from the US so what we're seeing right now is Trump is probably pro- uh legal immigration for The Talented for the people who are actually making a difference to the US and people who are making a difference would be called uh you know the eb2 naw applicants and eb1 extraordinary ability applicants so probably I would see I would actually um expect some uh broadness and that he's going to be broadening this kind of G War uh and I'm not the only one for think show I'm not the only immigration attorney of think show um so people who are versed in the field actually agree with me uh so this I believe he is going to be giving directives to USC to accept more applications under eb2 andw and eb1 if really the person is going to be making a difference and that question remains remains a question to be answered in the case itself in the petition and the exhibits so whether a person is going to be making a difference or not is basically proved in in a case which is usually like 200 up to 400 600 pages of documentation uh so it's it's a completely objective um way of evaluating what Trump is about to do here uh regarding the eb2 and IW and eb1 E applic ations uh and I think they're going to be much better than right now even though we do have uh a direction from Biden's Administration when he took office to try to Grant as many eb2 and iws to people who are working on AI for example uh but from the statistics posted by USC what we're seeing is a drop in the acceptance rate down to 65% so that direction didn't help much which shows the nature of the it's not binding it's just suggestive to the president much am for your answer and uh also I would like to ask and being little specific about what specific changes to evidentiary requirements for eb2 and IW petitions can be expect under a Trump's Administration based on past policies yeah uh so that takes us back to the matter of dinosaur so the matter of dinosur as a landmark key actually places all the evary requirements that are required for eb20 w and uh and and basically if we complied with the PE law which is matter of donur and the ENA act we uh complete the case correctly so there is no say of of a president here it's all legal work it's all decided by a court we cannot bypass a court president cannot bypass a court the court itself may may revisit the decision if it wants but at the at the moment it has been existing since 2016 the matter of donur before then we had a case called New York State Department of Transportation so we have um multiple case law that basically a body of CAS law uh presidents that actually put forward the evidentiary requirements for eb2 and aw petitions we never rely on what the President says or what the president did not say uh we rely on Keys law we rely on on the law itself for regulations and we have to comply us and usas officers uh if us a USS officer might be subjective somehow uh he or she might actually make a decision that is not relying on the regulations and in that situation uh the correct action is usually an appeal uh so or a motion to reopen of course so it's it's just a matter of complying with regulations I do not believe um Amin can you hear us I think due to some reason uh he might got disconnected but uh there's no problem friends uh you know still you can uh continue posting your questions and we are definitely going to take them for an hour as Amin yakub is with us for an hour so till the time Amin will come back we will try to have him back again with this episode but you don't go anywhere we'll be coming back with another short break so don't forget to join us here we'll be right back [Music] [Music] yeah I don't know what happened but I'm back no no worries no worries it's uh it's it's uh I mean not to worry anything about it so uh yeah you know I was saying uh everyone that I mean we be back again with a very insightful discussion as we were going on so I mean please go ahead and you know continue with with your uh insightful uh information we would love to hear uh What uh so where did it go off so that I can continue from where I stopped that's okay you can give a brief about it okay so I think last question was would would Trump be able to actually uh influence the uh okay now I see it so what specific changes to uh evidentiary requirements for eb2 aw petitions uh again I said uh briefly uh based on past policies he only can give directions uh but for specifically eb2 and aw applications and eb1 uh for eb2 and aw applications we have to rely on the matter of dinosaur which is produced by a court so only a court can revisit that uh Landmark Keys No One Else can actually change it a president cannot interfere with the court decision and and produce another decision so that's regarding the evidentiary requirements for eb2 and aw and also the regulations in place they're uh actually an extract from the ENA act which was passed in 1990 again it's not expected from the president under the Constitution to have the authority which he doesn't have obviously to actually change something and and the in act itself by by direct will uh so if that needs to change the Congress has to change it uh now what remains is the eb1 which is not a part of the question but I can cover it uh eb1 is also placed by uh the ENA act so again Congress will have to change the law for us to actually change the evidentiary requirements now what the US officers might actually have from Trump's side is please broaden your or interpretation of the law a little bit or or uh narrow it and I believe what we're going to be seeing ing to what he said multiple times regarding legal immigration and that he pro-legal immigration and also because now we we would have Elon Musk who's an immigrant himself uh in his administration uh we will be seeing broadening of of the uh interpretation of those evidentiary requirements that are put forward by the law itself the in Act and the matter of dinosaur Court decision right I mean I would like to ask from you that you are saying that we are going to see a broader aspect we will be seeing more opportunities you know for uh eb1 or for everyone so I would like to know it from you that how can you explain it in a bit that how we can see a broader opportunities because most of the time we are seeing that Trump is trying to implement this and trying to reduce or making the immigration process a little lendy yeah yeah uh so now I will use some data uh but I don't think I can share the screen here but it's accessible you can just type in Google uh US statistics uh based on eb2 and aw uh so you're going to find uh the the graph going up in 2017 2018 2019 of the number of petitions eb2 NW petitions and eb2 NW approval I'm I'm so sorry to interrupt but you know if you want to share your screen you can also do that or you want us to share then you can share the link in this private chat and we can share it from our side yeah okay sure give me one second yeah yeah sure um l yeah this is just one statistics uh but we have multiple statistics as well uh we can go through this one and uh yeah I think control you know if you could please uh show this U data yeah I think yeah can I control it uh can you scroll down a little bit so yes zoom in so we have here 2017 as well was up if if we looked at here it's going to be 2017 2018 2019 under Trump and then 2020 was the co uh and then 2021 Biden's Administration and then 2023 we're still at Biden's Administration now we're going to see that uh the blue line which is the receipt eb2 and aw or eb2 category in general receipts is still going up but the green line which reflects the approvals is is starting to go down under Biden's administration of 2023 uh in 2024 it went down even even below so uh what we're seeing here uh except of course in 2020 which is an exception is a rise in the petitions and a rise in approvals under Trump in 2018 and 2019 and 2017 as well based on another uh statistics and if we can you go down a little bit uh I want to show you something else uh yeah next page please the one below this the one below this yes here so here we're looking at the 01 positions for example uh stem and non STEM related so they kept going forward uh and upwards uh since Trump again they had some hiccup in in 2021 went back you know went bad a little bit and then it went up again so so 01 is not as influenced as eb2 and aw and eb1 because they're non-immigrant visas uh so we're not going to be see seeing the same difference on e2s o1s and l1s as we're going to be seeing a difference on eb2 and IW and eb1a because they allow people to get green cards basically uh can you go to the next page please next page yes here so here we see approval rates if you could zoom in a little bit it's uh towards the uh right right end of the uh of the table so 2018 uh that that was under Trump that was 97% uh in 2019 that was 97% uh that's again that's for eb2 in general but it's included uh the NW is included in there you would you would actually see the petitions included in all of this uh in 2020 we have a high percentage rate but then it dropped down towards the end of the uh table to uh in 202 Street down to 90% again that's including the eb2 petitions that are sponsored by an employer not only the national interest waiver and that was published by usas it's not like something that I I drafted for this uh live stream uh so if we just took a look at the data we're not going to be finding uh a a source that would actually collaborate the statement that Trump's uh you know era was bad for eb2 aw and eb1a uh especially maybe it was a little bit uh stricter when it comes to the h-1bs uh which I agree with but it's not it's not the same for eb2 and aw and eb1a and I do not believe uh there is any reason to actually think that Trump's coming back would actually make things worse because they haven't so why why would I be convinced that Trump would actually come and say well let's change it to uh 40% uh so why didn't he do the same thing in the past administration if he wanted to do it uh so it's kind of unconvincing to me and based on what I said again the court has to change its decision and I I don't believe that's going to be happening anytime soon Congress has to change the law and I don't think that will be happening anytime soon either all right I think that's great and that's very well explained and thank you so much uh I mean for the data also you know because that's pretty much very clear from our side also and we can see the stats so with this we can have a clear picture about it so again thank you so much mean for that and meanwhile I would also like to uh you know greet our viewers RAM jendro and my show I mean these are lovely viewers who has joined us for today's episode so I think welcome to everyone and um I mean here we have a question from our viewer from LinkedIn that is at the moment how long average time to process eb1a and eb2 NW yeah uh so regular processing usually takes eight months up to 12 months for both eb1 and eb2 and aw uh if someone would like to have a a premium process they have to pay an additional 2,85 to you and that would actually allow them to receive a decision in 15 days for eb1a and in 45 business days for eb2 National interest waiver so um a decision means an RF uh an approval or a denial so it does not mean that they're going to get an approval faster or like they're going to get a so a decision can be very general what usually happens is um a premium process especially for eb2 and aw would actually and eb1 as well uh would actually um influence usas officers to produce RF and it has been um the case since I would say last year uh middle of last year and that's because uh the applications uh went up again we have to consider that everyone who came through the borders illegal immigrants they stood in the same line before usas but from the Asylum site because we have two types of Asylum the affirmative Asylum for people coming through the borders uh with in a port of entry like an airports using their passports and a US Visa and people coming through the borders without passing through any uh CBP officers without having a Visa and basically uh you know getting their way into the US borders through Mexico or anywhere else so all these people combined which is unfair for uh affirmative Asylum applicants of course they're all in the same line before usas so people are asking me and asking multiple attorne is what's happening why are applications being late and why what's happening in all of this what's really happening is whoever came into uh the us through the borders uh they're sitting they're standing in the same line as as everyone else so now i140 applicants they're paying a fee called an asylum program fee which is an additional $300 so the USA started charging the additional $300 fee so that they actually try to do whatever it takes to hire more officers to get the process going because we have more more than four million people who came into the us through the borders undocumented uh so what we're what I'm saying here or what I'm trying to get at is if Trump really stopped whoever coming make sure the borders undocumented and only allow legal immigration things are expected to go faster in two years or or three years because we already have Mill millions of people before usas so it takes some time to actually finish the cases that the the extra cases that they have the frivolous Asylum cases and so on uh so right now as I said just to summarize uh briefly it's just eight months up to 12 months regular process and 45 days premium process for eb2 nationaler 15 days uh premium process for eb1a all right so thank you so much uh aan for answering this question and thank you so much my Chaw also for you know participating in today's session in case if you still have any follow-up question or would like to know about any other topic related to immigration then please go ahead and U you know uh dial on the number and you can also give a call on this number and can also participate in today's session and you can also comment us with any other different topic or any other follow up question that you would like to ask from our today's attorney all right so now I would like to take jitendra's question and um he's saying that I'm a physician applying for an eb2 niw based on serving un UND uh underserved communities good changes to the programs National interest definition under Trump affect how these cases are judged um us will always welcome Physicians especially if you're focused on underrepresented people or underd deserved communities and uh there is always of course I have to note here a shortage is not a reason for the eb2 aw eligibility because it's covered under the perm process regulations so if you are sponsored and you have a full-time job offer and you're basically before the Department of Labor doing the labor certification uh what we call the perm process uh there is an exception for having a shortage in your field so the the argument the the same argument does not apply for a waiver uh but what I'm saying is a waiver is actually not relying on the shortage but it's relying on you serving those kind of communities uh so that's different but what I'm here if you want to apply as a physician your chances of approval would be really high because USA usas really appreciates uh doctors and Physicians especially if you're really about to serve or you have a proposal to serve the under deserved communities or people who are being uh B basically without doctors uh but again even though it sounds the same we're not going to be arguing the shortage we're going to be arguing that you're you're going to be serving those kind of communities which is kind of different absolutely I think healthcare is the most important sector in any nation and uh you know that's that's like a backbone of any country so I think that's very well explained um I mean from your end and uh to jendra also uh if you want to know any other topic or if you have a follow-up question then please go ahead and feel free to comment us on this session all right so uh I mean I would also like to ask about are there any specific Fields or professions that may be favored or disadvantaged under a trump Administration concerning eb2 niw and eb1a applications I wouldn't say fields or professions uh I would actually say how the case is prepared so if someone is trying to argue that uh basically they're they're going to be a Management Consultant uh but they're they're not going to be contributing to any specific field they're just going to be a Management Consultant that's not good enough uh the proposal has to be the proposed Endeavor of course has to be very very specific it has to highlight how it would actually bring the difference in the US uh to what sector or sectors uh and H technically how would that happen how would it cause that kind of difference and impact on on that sector so anything that is not specific enough would probably be denied uh so it it's not really about the field itself it's about the specific proposal Endeavor and if you do have a specific proposal Endeavor and even Arch uh that would be accepted as opposed to having a very general proposed Endeavor in uh being a physician or in being an engineer so it's not about stem versus non-stem it's not about uh being an engineer or doctor or or an artist or a theater production you know company or whatever it's about the specificity of the proposed Endeavor and how can we convince a usas officer that you're actually you have already had some success in the past which we should have uh approv in in the petition of course and all the documents uh and that you're uh aligning your education and professional experience and past contributions to your proposing Endeavor in the future which will bring in that difference which is going to make uh America a better country in the future uh or even a sector in the US a better sector in the future true business or scholarship right and we really hope that America becomes great again as Trump says and that's how you know America feels so all right um we also have another viewer knife here and knife is saying hi hi knife and the question that knife has is do you think that Trump government can be doing all what he talking and if not what are the challenges uh I don't think Trump uh will be able to do so because we have laws here uh the Constitution you have to understand the uh that the US is a democracy right so it's rule of law is is dominant here uh so Trump cannot be a one man who's doing everything so we have the Judiciary and we have the Congress and we have the president so three branches of the government uh they have checks and balances of course the Constitution says or uh documents basically the relationships between all of them so Trump does not have any authority to actually reverse a law that was enacted in 1990 which is the en act that provides most of the immigration visas uh Trump does not have the authority to reverse a coure decision which is a landmark case uh it's a precedent so a court can only R visit and reverse that decision Trump cannot do so uh he cannot basically uh interfere with the court judgment and say well I'm going to reverse it tomorrow because I I feel like it what what Trump can do is give directions to usas and CBP officers now all these directions B binding uh the the answer is not really they're suggestive uh and they're not binding so usas and based again based on what I showed on the statistics uh has been doing favorably uh you know basically approving many many petitions for eb2 andw and eb1 under past Trump's Administration so there's no reason to believe that in the next Trump's Administration he's going to be doing something different uh what I think is he's going to be actually broadening the Visas eb2 and aw and eb1 to some extent so that they accept more talented people because now he is having musk in his administration as well who is I believe is an eb1 or eb2 nationaler himself I would say uh probably he is either eb1a or eb2 and although some people argue that he's eb5 but why would he choose eb5 if there is a higher category show um you know we should ask him this probably all right so uh I would like to say kiny thank you so much and my apologies for mispronouncing your name but uh you know kiny if you still have any questions that you would like to ask from our attorney then feel free to post them and we are definitely going to take them up all right so uh I mean you know you are explaining fantastically about all the questions that we are taking up here's another thing that I would like to know from you as you also mentioned about the border and about the security so we all know that Tom hman being appointed as borders are under Trump's Administration so how do you think that his approach will affect the border security Asylum policies and immigration in the future so the question here is about Asylum uh as opposed to eb2 and IW or um I think okay let's take about Asylum eb2niw because we are taking that as a topic so yeah please go ahead and talk about it yeah uh so again the affirmative Asylum wouldn't face many challenges in the future in my opinion uh because these people enter the us legally using a Visa and they are documented we basically USA can easily in connection with the FBI can figure out if someone is or has been a criminal or not in their home country so it's they vet people and vetting is important to get people in affirmative asylum in my opinion would actually go faster people would have interviews scheduled faster than six mon six years uh in two three years from now because we have to again uh the usas has to decide millions of cases so that it actually creates that faster process in the future after people uh undocumented people came in through the borders uh so that's number one regarding affirmative Asylum uh affirmative Asylum people who actually applied and got the co8 legal status which is appending Asylum interview and they're waiting in the US legally uh for for the interview uh they they shouldn't be fearing anything again uh because they are documented and the uh first sentence in the usas receipt that they have received actually says you may remain in the US loly until you are scheduled an interview so right now the shouldn't be fearing any changes in in anything um also you have to understand that from a legal standpoint laws cannot be applied retroactively it's unconstitutional so uh even if Trump let's say um which is I would say it's it's an 0.01% chance let's say he said well I'm now I I I believe that I want to get rid of affirmative ases who are living in the US legally with a C8 pending asy Asylum interview uh that cannot apply to you because you are already here you're already having the 8 uh legal status you already have the documentation so that probably will stop people in the future from getting the same card as you the co8 employment based noty employment B it's called the the EAD employment authorization card um and and that will prevent that for the future not apply to the past or the present so that's important to knowe because uh status quo will will remain the same it is right now all right so I think there is an an interesting question here uh if I may reply to it uh it's by cavia is saying that for eb2 niw applicants there's a speculation that USCIS could enforce higher education or professional thresholds so do you think that applicants with Advanced degrees but limited Publications could be at risk yeah so uh I wanted to reply to that question because there is a misconception that is going around that you have to have Publications and citations to uh have an approved eb2 and aw petition and that's not true uh so we have three kinds of applicants we have the scholar applicant for eb2 NW we have the entrepreneur applicant for eb2 aw and the entrepreneur is not expected to have any Publications or citations and we have the professional path which is a third unexplored path somehow uh which is basically someone working somewhere in the US saying show my employment in that institution let's say nonprofit uh I will be doing some novel technique and that novel technique will bring in the difference uh in the on on the US nationally and on the field itself uh and and therefore will have substantial American National importance to the US uh so for the second and third uh paths for immigration under eb2 aw you wouldn't expect to have Publications and citations uh only as a scholar we would expect you to have Publications and citations uh so it's not going to affect you in any way uh right now or even in the past uh since I would say the matter of donur uh which actually reversed the New York State Department of Transportation and the matter of dinosur said you have you can have a proposed Endeavor that is important for the business uh for entrepreneurialship for Arts so it broadened the criteria for eb2 and aw uh to actually cover multiple non- stem Fields uh and stem fields that are not uh scientific or scholarly based so that's regarding this question regarding the advanced degree question too uh the inact itself which belongs to 1990 so it has been enacted for some time um and never changed is the one that actually states that you have to have a master's degree or a bachelor's plus 5 years of experience no one can change the ENA act except the Congress itself now if the Congress decided to change it that Congress needs uh the ma majority of votes which is very very very difficult to get when it comes to immigration so my my answer is there is not going to be a change to the advanced degrees requirements for eb2 and aw and there's not going to be a change or possible change for uh the criteria itself for non stem stem professionals entrepreneurs and Scholars uh all paths would be the same probably for the next four years it would be interesting to see if he would really broaden the the eb20 W category or not show his directions to usas officers uh but otherwise I don't believe that there's going to be much change in in this uh practice wow that's so insightful and uh okay so thank you Calia for your participation and for your question too so uh here's another question uh I mean that I would like to ask that how might the reinstatement of policies like remain in Mexico affect the Asylum Seekers chances of success in their application yeah uh that's a very interesting question so if if that person is Mexican for example and he or she has a Visa and they can come into the US uh through a legal way then probably they wouldn't face much challenges uh now if that person wants to come illegally into the US uh probably that statement will apply to them now if that person is not Mexican and let's say he or she is from Argentina and they trouble to Mexico and they wanted to come through the borders uh Mexican us borders then USC um will will actually try to stop them by you know again building a wall or whatever and that will be through the CBP officers at the borders uh so if Trump changed the policy again and tried to spend a lot on building that W that would be number one number two would actually be uh and he tried to do that before actually he he tried to sign an agreement with Mexico which we call in Immigration a third safe country agreement uh if you are an Argentinian living in Mexico uh do Asylum over there do not come to us uh to to do Asylum to seek Asylum and that's crazy because you know Mex Mexico may not be safe uh for for argentinians or for even Mexicans uh so he tried before uh to to pass this kind of international agreement and he failed it's it's very difficult to do uh and because Mexico is also in the NAFTA agreement which changed to uh the usmca agreement between Canada us and Mexico uh it's very very difficult to uh try to build a different agreement spee especially for a safe Third Country saying well anyone who is in Mexico on a Mexican land will have to apply for asylum in Mexico and he or she would not be allowed entry into the US uh so it's very very unexpected uh I hope that covers all types of people who might actually come from from Mexico whether Mexicans or or non- Mexicans coming to the us legally and versus of course illegally absolutely and I think that's very well explained so to our viewers also uh friends if you are navigating you know your immigration Journey or have any doubts or need any type of guidance related to immigration then please feel free to contact atorney aan at the number that is provided that is 407 578 1334 so this is the contact number that you can call him and ask your doubt and with this you can also email him on a yakub Bogen months.com and you can also visit his website that is .b months.com so these were the contact details that I would like to share and now moving ahead with my one more question uh I mean that I would like to know about uh family based immigration right so now I want to know that how do you anticipate Trump's approach to family based immigration will impact the individuals who are applying for visas or seeking Asylum um applying for visas seeking Asylum so um if someone is is marrying a US spouse uh they are allowed to adjust status based on their marriage if it's a bonafied marriage so if it's a good faith marriage of course and we could prove that uh that you can you can actually skip all the Asylum process you can skip all the Visa process and completely go ahead and apply for the i130 and the i485 i765 I13 in one and and basically get all the uh cards you can get in the least period of time possible under usas so family based immigration is is highly highly recommended if you do have an American spouse or um you know uh if if for example you have a father or a mother who is a US citizen now uh it's it differs from again it's just the the categories are different so you would have a first preference for The spouse's father and mother and uh first preference is actually for the spouse second preference is for the mother and father third preference would go towards um sons and daughters and fourth would be the um the brothers and sisters so the lower the preference you would you know the more years you would have to wait uh otherwise there is no interrelation between um visas or seeking a Asylum and and family based immigration uh we can see some cases where basically a person who is applying for asylum in the middle having a co8 uh card for example pending Asylum waiting for the interview he may actually marry someone in the process and just by Marrying an American citizen that will completely change matters into getting the green CT true marriage not through the Asylum process and later on after they have the green card they can basically send a letter to usas and ask USA as to withdraw their Asylum case and uh basically go ahead and do the green card through the um the marriage based uh immigration which is family based uh otherwise there is no foreseeable impact on on these types of visas absolutely and uh I mean you know I I would like to know from your side that it's almost 1 hour that we have reached but I have some more questions from my Facebook group so if you have some time is it is it okay for you to give five to 10 more minutes to our audience yeah sure 10 minutes are okay all right that's pleasure okay so uh I mean we can see here um I hope you can see my screen right yeah I I see it yes so what are pending aw ffects you when getting H1B Visa uh waiting time can acquire H1B while there is a pending ev2 G1 holder thanks yeah um so that's again that's an interesting question so the H1B especially is is a different breed of Visa so we call it a double or a dual intent Visa it's an immigrant and non-immigrant at the same time and that basically means there's no contradiction whatsoever between the H1B and eb2 and IW because eb2 is an immigrant Visa so applying for a double in 10 Visa like the H1B at the same time uh where applying for eb2 National which is an IM immigrant Visa that does not show any contradiction in any intent so you can go ahead and apply for the H1B and also apply for the eb2 and IW but the trick here is to maintain your legal status true the H1B because otherwise you may actually fall out of legal status since the dates are not current yet for for the eb2 and ADW uh meaning that if you got an i140 approved you would have to wait some time before you can apply for a green card and a combo card so that means between the approval and applying for a green card you would need to maintain legal status through uh the H1B uh so it would be highly recommended to actually go ahead and secure an H1B before you apply for the eb2 national trator all right that's wonderfully explained and uh here's another question uh that is uh do we need to submit ETA 9089 and related for eb2 and IW self petition yes uh it's a part of the regulations so even though it sounds and it reads like it shouldn't be submitted uh because it's basically a labor CER ification application uh for the perm process um you must submit it uh you have to complete specific sections in the 9089 form uh right now they have produced a new a new one so you would have to download the new version and use it um and once you uh comply with the regulations and fit it out and sign properly you have to include it in the submission otherwise you will probably get an n he are requesting you to to do so all right so uh moving ahead here's another question that before submitting or mailing the petition do we need to create an online account on USCIS no you don't need to create an online account on uh usas uh I would say it would be helpful to do so but um you don't have to uh you're not required to um establish an online account on on usj now it's helpful because it allows you to track the case to actually get notifications whenever uh something is going on uh if the updated your case for example to uh decided or approved or issued an RF you will get notified if you do have a USA account now if you're doing this through an attorney your attorney would actually have access to your case and would actually get them notification from usas on your behalf so um you don't have to do it if you have an attorney you have I would recommend doing it if you're doing this on your own and would like to uh stay updated regarding any changes that may happen to your uh case absolutely I think uh taking expert advice is mandatory in Immigration process so friends if you still uh you know need any guidance or need any help then here's uh the contact details of our attorney that is mentioned and you can see the contact details like phone number email ID and also the website that is been provided on the screen so please go ahead and uh share your I mean any information or any doubts that you have and I'm sure that attorney coup is definitely going to take them up and he's going to solve them all right so uh I mean uh I would like to ask few more questions uh you know if you allow that is yeah that's that's great and I don't know why yeah that's great my my screen is visible now so which part of the ETA 9089 need to be filled for ev2 and IW I have already filled in the appendix a and final determination forms yeah that's that's all what you need to actually provide for the uh new version uh so it's just uh final determination uh and the uh the appendix a so basically education experience certification skills which is appendix e and then uh the two PES where you have to sign basically as as a beneficiary uh and that's all and the prepare of course so you would have to sign um if uh you you prepared your own 1989 you would have to sign twice on the um two page towards the end all right so I think uh that's all from my end because I have covered a few questions that I wanted to ask from you and uh yeah I think I mean you know it's almost time for our very insightful session and it's just one hour we passed and we didn't even realize so from my side it was a very you know amazing a wonderful experience and obviously an honor to have a show with you and you were outstanding you were clear you made up a very great points that uh you know that was very insightful and that was very eye opening too with the datas and with all the facts and stats that you brought up that was great so how was your experience in today's episode how it was uh it was amazing I really enjoyed my experience and uh I I actually uh really enjoy the questions as well they're very very interesting questions uh from your side and for from the audience side as well uh it was really a pleasure uh being here and uh thank you for the invitation absolutely and I think the questions those were uh you know interesting but even the answers those two were very much interesting so I like that too and there's another comment from freelance Mastery also so yeah let's do that as the last question and all right all right that's that's great so uh it's that what if my case was submitted under Biden's Administration and got adjudicated when Trump's Administration which Administration am I entitled to yeah uh so probably that question has to do with the importance of the proposed Endeavor than which Administration would actually adjudicate the case because they are the same usas officers people think that again Trump is going to remove all usas officers and replace them with other usas officers so they're just the same officers deciding the same cases under the same legal framework whether under Biden or Trump uh but your question might have a hidden question which is there is a difference in the importance of there is a difference in the importance of policies between Biden's Administration and Trump's Administration for example solar energy is very very important for uh Democrats and for Biden's Administration but it may not be as important under Trump's Administration so since you're you have filed your case under Biden's Administration uh your case should be align you know aligned with Biden's administration's importance when it comes to uh policies regarding solar Etc uh again these are not black and white so you have to understand that Trump is not like uh he's not going to dismantle the solar energy when he when he arrives again like the biggest producer of of electric cars is by by his site right now so we actually that's why um I think uh due to some reason Aman can you hear us yeah yeah I I'm just saying you know last thing I wanted to say is um the there is not going to be a huge difference in policies and the importance of those policies because right now Trump is more convinced of of not solar but basically uh clean energy and stuff like that but he's not he's not willing to sacrifice oil and gas either so we're going to be seeing uh a new Trump uh Administration basically focusing on all energies probably uh nitrogen as well he talked about nitrogen cars but he said well they're risky so um now that musk is on his side probably will be seeing a different approach towards electric cars uh towards solar energy and towards policies that Trump was in the past uh kind of reluctant to accept as important uh otherwise to answer your question directly your uh application will be decided based on the policies that are considered important uh at the time your uh application was receiv received so when you have received your USS receipt under uh you know uh Biden's Administration that's the time limit that's the time estimate where actually uh the officer has to look around and say you have complied your actually contri ruting to an important policy under under Biden not not Trump wonderful wonderful so uh yeah I think uh you know am we also took the last question of today's episode and that to very well explained so again to our viewers also you know guys if you are navigating any immigration Journey or having any doubts then please go ahead and contact our attorney and he's definitely going to help you out and uh I mean from my side as I also said that it was a wonderful experience to have a show with you and uh you know you were also saying that you also enjoyed the questions that we prepared the the audience uh they were asking so a big thank you to you know attorney Amin yaku for making this session a brilliant one and bringing a very insightful and a very you know eye openening stats and facts about today's topic and uh I think uh yeah that's all you know and to our lovely viewers also who participated in today's webinar thank you so much to everyone keep on posting your question friends and we are definitely going to keep them on asking and uh try our level best to provide a best solution to you so thank you so much everyone for this amazing session don't forget to like share and subscribe to immigration and job talk show I'm Sam signing off for now thank you thank you so much have a good day bye bye