A Merit-Based Immigration Executive Order: What to Expect

About two months ago, President Trump stated that he would sign an Executive Order that would transform our current immigration system in the United States to a “merit-based” system.  Of course, it is hard to imagine that a single Executive Order would be able to alter the country’s entire immigration system, but the proposed Executive Order should not be taken lightly, especially in the context of recent immigration executive orders.

The current Administration has followed through with a number of changes to our immigration system already through various immigration executive orders. Thus, if the President is proposing another immigration-related Executive Order, we should assume that it will likely come to fruition, as seen with prior immigration executive orders.

The best way to understand the proposed changes to our immigration system is to first understand how our current immigration system is set up and administered, particularly in light of recent immigration executive orders. Then, it will be easier to explain what a new merit-based immigration system might mean for the future under potential immigration executive orders.

Accordingly, in this article, we will first take a look at how the U.S. currently allows people to immigrate to this country before considering how immigration executive orders may alter these pathways. Then, we will discuss how a merit-based system may be carried out.  If you have more questions, we invite you to contact us at Ashoori Law.  Feel free to call us at +1-818-741-1117 or you may schedule a free consultation by clicking this link.

How Do People Currently Immigrate to the U.S.?

Currently, our immigration system provides multiple categories in which to legally immigrate to the U.S., many of which may be impacted by immigration executive orders. They are as follows:

• Family-based immigration

  .About half of the people who immigrate to the U.S. do so by virtue of being related to a U.S. citizen or lawful permanent resident, although immigration executive orders may shift this focus. (i.e., person with a green card).  Thus, if you are from a foreign country and you get married to a U.S. citizen, then you may be eligible to apply for lawful permanent resident status.  By the same token, if you are the parent of an adult U.S. citizen or the child of a U.S. citizen, then your family relationship may allow you to obtain legal status in the U.S.

• Employment-based immigration

  There are a number of avenues by which an employer in the U.S. can help you get legal status in the U.S., some of which have been influenced by immigration executive orders. Most directly, if you receive a job offer to work in the U.S., then your employer may be able to sponsor you to obtain a USA work visa that allows you to come to the U.S. to work for that employer.

• Investment-based immigration

  It is not as often talked about, but a foreign-born person may immigrate to the U.S. based on making a financial investment in a U.S. business, an area also affected by immigration executive orders. Because the U.S. wants to encourage economic investment in companies on our shores, our immigration system has visas designated for those who seek investment opportunities in the U.S.

• Highly skilled individual immigration

  The U.S. is always interested in attracting people to the country who can make extraordinary contributions, a priority often emphasized in immigration executive orders. Thus, our immigration system has visa categories set aside for individuals who are at the top of their field, whether it is in the field of science, technology, business, the arts, sports, etc.  The idea behind these high-skilled visa categories is that people with extraordinary skills and abilities may contribute substantially to the nation.

• Immigration based on Individual Hardship

  The current immigration system also provides options for people who are victims of persecution in their home, though these protections may be impacted by immigration executive orders. These options include asylum or refugee status.  Those seeking asylum are people who are already on U.S. soil and have a credible fear of persecution if returned to their home country.  Those seeking refugee status have a credible fear of persecution, but they are still in their home country.

• Immigration based on Diverse Background

  In the interest of diversity, the U.S. seeks to allow people to immigrate from countries that are currently not well represented in the U.S.  Thus, the current immigration system has a “diversity lottery,” which has been a subject of debate in immigration executive orders.

In sum, our current immigration system provides multiple ways to obtain legal status in the country.

What is Merit-Based Immigration System?

As the name suggests, a merit-based immigration system would place the focus of immigration policy on people’s merit, as proposed in certain immigration executive orders. The system would, therefore, place less emphasis on the multiple avenues of diversity, hardship, or family relations, and put a premium on a person’s merit.

The preference, under a merit-based system, would go to highly skilled people.  Essentially, the focus would be on what skills and value potential immigrants can bring to the U.S., more so than on an individual’s hardship or diversity.