June 24-June 30

House Democrats File Bill Expediting Green Card for At-Risk Youth…

House Representatives Jimmy Gomez, Zoe Lofgren, and Adriano Espaillat led the filing of Bill that would exempt children in Special Immigrant Juvenile Status (SIJS) from country caps or quotas to expedite their Green Card processing. It can be noted that children under SIJS are already automatically eligible for Green Card under the current policy. However, backlogs have made this process slower.

De Santis Announces Plan to End Birthright Citizenship for Children of Illegal Aliens

Florida Gov. Ron DeSantis, as a part of his immigration plan, vowed to “take action to end the idea that the children of illegal aliens are entitled to birthright citizenship if they are born in the United States.” Meanwhile, immigration experts argue that a president does not have the authority to end birthright citizenship because it is enshrined in the Constitution.

Should the US Increase H-1B Prevailing Wage?

The US Department of Labor removed the regulation increasing the prevailing wages for H-1B professionals and employment-based green card applicants from its active rulemaking list and placed it in the section on Long-Term Actions. The Biden administration has delayed this rule which is a Trump administration proposal, perhaps indefinitely, likely because it views the rule as a low priority.

Canada Announces Plan to Attract H-1B Holders from the US…

Canada announces Tech Talent Strategy which involves a new work permit that is aimed primarily at attracting tech talents from the United States. The program will enable H-1B visa holders to apply for a Canadian work permit while also offering study and work permit opportunities for their family members accompanying them.

US Court Reaffirms USCIS Petition Requirement for Relocating H-1B Workers…

A US DC Circuit Court upheld a 2015 policy that empowers USCIS to require the filing of a Petition for Amendment when an H-1B employee changes work location. The ruling was made after an IT trade group ITServe argued that the petition requirement was cumbersome and described the policy as “procedurally defective rulemaking.”

Cognizant Accused of Pro-Indian Bias in Hiring-Firing Policy

A group of around 2,200 former Cognizant employees claim that the company shows a strong preference for South Asians of Indian origin by disproportionately terminating non-South Asian individuals placed on the company’s wait list, also known as the “bench,” after completing their projects. Cognizant’s H-1B hiring practice data showed that the percentage of Indians it hired was at 99.6% of its approved petitions.

March 6-March 12

USCIS Announces Expansion of Premium Processing for Certain F-1 Students

The USCIS has announced the expansion of premium processing for certain F-1 students seeking OPT and STEM OPT extensions who have a pending Form I-765, Application for Employment Authorization, and wish to request a premium processing upgrade. Meanwhile, the USCIS stressed that premium processing expansion for certain F-1 students will occur in phases, and students requesting premium processing should not file before certain dates set by the agency.

USCIS Issues Policy Guidance On How it Evaluates O-1B Eligibility Evidence

The USCIS issues clarifying guidance on eligibility for the O-1B Visa Classification pertaining to  how it evaluates evidence to determine eligibility for O-1B nonimmigrants of extraordinary ability in the arts and nonimmigrants of extraordinary achievement in the motion picture or television industry. The updates include a chart in the appendix that describes examples of evidence that may satisfy the O-1B evidentiary criteria, as well as considerations relevant to evaluating such evidence.

Survey Finds More U.S. Businesses are Hiring Laid Off Foreign Workers

Worldwide immigration services provider Envoy Global survey found in a survey that nearly 89% of companies surveyed have hired one or more foreign nationals who were laid off by another company.

U.S. Companies are Relocating Foreign Talents Due to U.S. Visa Hurdles

Envoy survey finds that 93% of U.S. employers expect to relocate foreign employees abroad due to restrictive quotas on high-skilled foreign workers. Also according to the survey, Canada is the top destination with 62% respondents agreeing to send their employees there.

Immigration Could Help Address Nursing Home Labor Shortage

According to a 2022 survey from the American Health Care Association, 87% of nursing homes have moderate to high staffing shortages. Meanwhile, immigrants make up about 19% of workers in nursing homes which can help address the shortage with foreign health care workers who can work in the U.S. with temporary work (H1-B) visas or employment-based visas (EB-3).

Lawsuit Filed Against USCIS Due to Processing Delays

American Immigration Council recently filed suit against the USCIS over delays in unlawful presence waivers processing. Advocates assailed the regulation regarding waivers which involved wait times of up to 3 years. Advocates also suggest that there needs to be better staffing and a better resource allocation in the USCIS.

House Democrats Seek to Update U.S. Immigration Law

Rep. Lou Corea, D-Calif., headlines a group of Democrats from California, New York and Illinois that plans to reintroduce the “Renewing Immigration Provisions of the Immigration Act of 1929.” The move, according to the lawmakers, would create a pathway to legal status for millions of undocumented immigrants by making a change to existing federal law — one that follows in the footsteps of previous Congresses

February 13-February 19

Can F-1 Holders Sponsor Their Own OPT Job?

Optional Practical Training (OPT) is a temporary employment that is directly related to an F-1 student’s major area of study where eligible students can apply to receive up to 12 months of OPT (or 24 months for STEM students) before completing their academic studies (pre-completion) and/or after completing their academic studies (post-completion). The OPT program does not prohibit the beneficiary from working in the company that he/she owns. Therefore, yes, F-1 students can sponsor their own OPT provided they meet all the other requirements.

Americans are Increasingly Concerned About Immigration

A new Gallup poll showed that Americans are less satisfied with the level of immigration into the U.S. with a satisfaction level falling six percentage points over the past year, from 34% in 2022 to 28% this year. Meanwhile, 40% of the respondents consisting of the 63% dissatisfied individuals, responded that they want immigration decreased in a follow up question. The percentage who are dissatisfied out of a desire for less immigration has risen sharply over the past two years, increasing from 19% in 2021 to 35% in 2022 and 40% this year.

DHS Released March 2023 Visa Bulletin

The Department of Homeland Security releases the March 2023 Visa Bulletin which summarizes the availability of immigrant visas for the said month to notify applicants with an eligible priority date to take one of the final steps to become a permanent resident. The bulletin summarizes both Final Action Dates for adjustment of status applicants and Dates for Filing Applications charts indicating when consular processing visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Greed Card Applicants’ Children Receive Additional Protection in New Policy

The USCIS has updated its policy manual to provide additional protection for children of temporary visa holders from losing their legal status while their parents’ green card applications are pending. Under this policy update, children and young adults with visas dependent to their parents may lock in their age earlier in the application process for a Green Card. Meanwhile, there are hundreds of thousands of DACA Dreamers who are at risk of aging out of legal status at age 21 while waiting for permanent residency based on their parents’ employment-based Green Card application.

Immigration Can Save America from Labor Shortage and its Economic Consequences

According to researchers at UC Davis, there is an estimated 10.3 million open jobs in the U.S. Meanwhile, almost 400,000 of these are in construction,  1.6 million are in hospitality, and another 80,000 are in the trucking industry. Considering the adverse economic effects of these shortages, the U.S. could ease the processing of H-2B visa for the said workers to encourage more immigrants to address the growing problem.

Immigration Could be the Answer to Health Care Workforce Shortage

The American Immigration Council reported pursuant to research about the crucial role that the immigrants are playing to help address critical workforce shortages in healthcare at the state-level. Immigrants represent a larger share of workers in healthcare roles like physicians, surgeons, dental hygienists, and respiratory therapists than their share of the population. The research included states like Arizona, Florida, Georgia, and 10 more.

Indians Pursue U.S. Visa Despite Concerns Over Widespread Layoffs

The Indian Times reported that most Indian students in the U.S. are upbeat about job opportunities in Optional Practical Training (OPT) and Curricular Practical Training temporary employment authorization despite concerns over job losses and layoffs especially in the technological industry where most of these students’ careers are headed. Meanwhile, many U.S. universities expect a big rise in the number of students from India.

February 6–February 12

Can H-4 Holders Get EAD Approval in 15 Days?

How does an H-4 Visa holder get an EAD approval in just 15 days? Pursuant to a class lawsuit against the USCIS, the agency promised that it will adjudicate jointly H-1B applications bundled with H-4 and EAD card applications. This means that, if the H-1B application is on premium processing, a bundled H-4 and EAD application could be adjudicated at once with the H-1B petition within 15 days.

U.S. Employers: 85,000 H-1B Lottery Limit Too Low

A study titled ‘H1B Petitions And Denial Rates In FY 2022,’  compiled by National Foundation for American Policy (NFAP), a nonpartisan research organization, found that the H-1B denial rates have returned to low levels and the low annual limit on H-1B petitions resulted in the vast majority of H-1B registrations not being selected. Meanwhile according to the same report, US employers are facing trouble securing foreign talent owing to the said low annual limit.

Immigration Fees Hurt Green Card Applicants

Immigration attorneys expressed concern on the USCIS’ plan to raise costs such processing as applications for citizenship naturalization, to obtain a green card, or to legally work in the U.S. as a noncitizen as this could place an undue burden on low-income immigrants. The USCIS claims it needs the increased fees to deal with backlogs and a budget crunch adding that the proposed prices are expected to generate $1.9 billion more per year than current application costs.

Biden Urges Congress to Pursue Immigration Reform

United States president Joe Biden urged the US Congress to pass a comprehensive immigration reform in State of the Union address. Immigration reform would provide a path to citizenship to not only illegal immigrants but also those who entered the country legally, like those on H-1B visas. Meanwhile, in the 118th Congress, the Opposition Republicans enjoy a majority in the House of Representatives which might not be the most ideal situation for immigration reform.

USCIS Extends Hong Kong DED-Related EADs Validity For 2 Years

Following the announcement of President Biden to extend the program allowing certain Hong Kong residents in the United States under the Deferred Enforced Departure (DED) program, the USCIS automatically extends through Feb. 5, 2025, current Hong Kong DED-related Employment Authorization Documents (EADs) with a “Card Expires” date of Feb. 5, 2023, and a “Category” of A-11. The said EAD may be presented as evidence of identity and employment authorization for purposes of Form I-9, Employment Eligibility Verification.

U.S. Department of State Will Implement Domestic H-1B Visa Renewal

The Department of State has announced its plan to launch a pilot program that would allow temporary visa holders like H-1B and L visa holders to renew their visas without leaving the United States. With this current announcement by the Department of State, H-1B holders seeking renewal will finally be freed from a huge burden of having to wait for months and getting stuck in their home countries due to the long waiting period in the restamping of their passports as well as the overall unpredictability of the processing as a whole.

January 14-January 20

DHS Announces Pilot Program on Refugees Sponsorship

The DHS announced the Biden administration initiative, called Welcome Corps, a pilot program that will allow groups of private American citizens and permanent residents to financially sponsor the resettlement of refugees fleeing war and violence across the world. Under the program groups of at least five U.S.-based individuals could have the opportunity to sponsor refugees if they raise $2,275 per refugee, pass background checks and submit a plan about how they will assist the newcomers.

Bipartisan Senators Face Immigration Deal Challenge

A bipartisan group of senators face a challenging task in finding a deal that can attract the support of Democrats, moderate Republicans and the hardline conservatives who have newfound power and influence in the House. One of the senators, Sen. Thom Tillis, said that “this is going to take months to potentially get to something that we could get the support in the House. We can’t simply, because it’s politically difficult, say we can’t touch it this Congress.”

Labor Secretary Says Immigration is Key to Address Worker Shortfall

During a panel session on the future of jobs at the World Economic Forum in Davos, Switzerland, Labor Secretary Martin Walsh says immigration and apprenticeships are key to addressing the lack of workers which is the biggest threat to the U.S. economy in the long term. “America has always been a country that has depended on immigration,” he said, and “right now we don’t have good immigration policy.” He also stressed the need to focus more on apprenticeships, and less on funneling all young people into college.

Migration and Its Negative Impact on Asylum Seekers’ Mental Health

Unpleasant experiences that asylum seekers run into amidst migration like few employment opportunities, language barriers, and little sense of community have negative impact on mental health. In fact, in the span of three months, two asylum seekers took their lives while living in New York City shelters. Associate program director for Care for the Homeless Program at The Institute for Family Health (IFH) in New York City Katharine Mackel said that barriers that prevent access to employment, and other essential resources further impact the mental health of those already facing housing insecurity.

House Republicans Build a Case to Impeach DHS Secretary

Senior House Republicans build a case against Homeland Security Secretary Alejandro Mayorkas as they strongly weigh launching rare impeachment proceedings against a Cabinet secretary, a plan that could generate sharp backlash from GOP moderates. Believed as a prelude to an impeachment inquiry against Mayorkas, key committee chairmen prepare to hold hearings on the problems at the southern border. Three House committees – Oversight, Homeland Security and Judiciary – will soon hold hearings about the influx of migrants and security concerns at the border.

Miami Nonprofit Continues to Provide Immigration Services for Over Two Decades Now

Miami nonprofit organization Catholic Legal Services, Archdiocese of Miami, is a longtime local organization that has been providing immigration services to the community for over two decades. Currently, the organization is seeing about 200 people a day come through its downtown office and everyone who walks in is seeking some type of help with immigration services. The organization, which has been around for more than 25 years, helps with everything from asylum applications, removal defense, DACA renewals to family petitions, and much more.

Is In-State Tuition an Immigration Issue?

Immigration advocates gives bill allowing residents who are undocumented immigrants to pay in-state tuition at public colleges and universities another shot as Massachusetts repeatedly refuses to ratify the bill. Senator Brendan Crighton of Lynn proposes a bill allowing undocumented immigrants to be eligible for in-state tuition after attending a Massachusetts high school for at least three years and earning a diploma. The bill would apply each year to at most a few hundred of the state’s 70,000 or so high school seniors.

DHS Empowers Noncitizens to Report Labor Violations Without Jeopardizing Immigration Status

The Department of Homeland Security announced that noncitizen workers who witness labor violations can now report them without fear of their immigration status being held against them. Homeland Security Secretary Alejandro Mayorkas said “individuals should feel free to come forward to complain about labor conditions, because they have certain rights, and their vulnerabilities will not be exploited.” DHS said that often times noncitizen workers don’t report labor violations or cooperate in employment and labor standards investigations “because they fear removal or other immigration-related retaliation by an abusive employer.”

December 31-January 6

Another Trump Administration Border Policy?

President Joe Biden announces intent to stiffen security measures in the southern border amid historical influx of migrants. This intent includes an expanded Title 42 and the implementation of limits on the number of migrants and asylum seekers who can enter the U.S. from certain countries. Meanwhile, the announcement upset immigration advocacy groups who claimed the Biden administration is acting too much like the Trump administration.

Biden Border Plan Upsets Senate Democrats

The Biden administration’s plan to trade off a border crackdown for 30,000 immigration permits were criticized by democratic Senators Bob Menéndez (N.J.), Cory Booker (N.J.), Ben Ray Luján (N.M.) and Alex Padilla (Calif.). They claimed that “while we understand the challenges the nation is facing at the Southern border exacerbated by Republican obstruction to modernizing our immigration system, we are deeply disappointed by the Biden Administration’s decision to expand the use of Title 42.”

Biden Administration Offers Legal Path for 30,000 Asylums Seekers Per Month

As border crossings by migrants from Cuba, Haiti, and Nicaragua rise sharply with no easy way to quickly return them to their home countries, the Biden administration proposes that the U.S. will accept 30,000 people per month from the said nations for two years and offer the ability to work legally, as long as they come legally, have eligible sponsors and pass vetting and background checks. This new policy could result in 360,000 people from the said nations plus Venezuela lawfully entering the U.S. in a year.

USCIS Proposes Increase on Certain Immigration and Naturalization Fees

The USCIS proposes fee hikes following a conclusion that the agency’s current fees, which have remained unchanged since 2016, fall far short of recovering the full cost of agency operations. Meanwhile, Shev Dalal-Dheini, the director of government relations at the American Immigration Lawyers Association, claims that the proposal could be a burden for businesses pointing to a new to a new $600 fee on employers looking to hire foreign workers. “It could deter foreign workers whom we consider maybe the best and the brightest from coming in, bringing their skills and their knowledge to the United States,” he said.

Undocumented Farmworker Brace for More Years of “Living in the Shadows”

Following the lawmakers’ failure to pass immigration and farm labor laws during the 117th Congress, undocumented farmworkers say they are bracing for two more years of “living in the shadows.” Farmers who depend on both undocumented workers and those with temporary visas to feed the country share the same sentiment. Meanwhile, immigration reform remain to be a small part of a broader immigration puzzle that is likely to remain unsolved in the next Congress, when Republicans control the U.S. House.

New York Mayor Slams Colorado’s Plan to Send More Migrants to the City

New York City Mayor Eric Adams announced that the governor of Colorado will be sending migrants to places like New York and Chicago. However, he then claimed that “this is just unfair for local governments to have to take on this national obligation.” Meanwhile, like many major cities around the country, Denver has been struggling to provide services for a surge of more than 3,500 migrants, and each night around 1,800 asylum seekers have sought shelter in the city.

Minnesota Immigration Advocates Push to Allow Access to Driver’s Licenses Regardless of Immigration Status

Immigration advocates in Minnesota are fighting to allow access to driver’s licenses regardless of immigration status. In past legislative sessions, conservatives have said they feared licenses could make it possible for people who don’t have citizenship to vote. However, leaders including Governor Tim Walz argued “this has simply been a cruel policy that did nothing good…” “…and I think many of us understood that. So now’s the time.”

What’s Next for H-1B and U.S. Immigration in 2023?

Forbes has issued an article on what to expect from President Biden, his administration and the Republican majority in the House on H-1B visas and other immigration issues in the new Congress. According to the article, the policy differences between a Democratic-led Senate and the Republican-led House will make passing immigration legislation less likely. Employer fees will likely increase significantly under a new USCIS and will not be welcomed by those paying the fees. On the other hand, employers and individuals would like to see USCIS have sufficient resources to do its job.

December 24-December 30

Congress Democrats Disappoint Immigration Activists

Immigration activists expressed disappointment as House Democrats will once again relinquish a House majority without delivering on immigration reform. It can be noted that the stakes are higher for the outgoing 117th Congress, as the fate of hundreds of thousands of so-called DACA Dreamers is now in the hands of the conservative majority of the Supreme Court. Meanwhile, hopes that immigration measures might move forward in a lame-duck session of Congress were lifted after Republicans underperformed expectations despite their border-centric pitch to voters.

Lame Duck Session Produced No Significant Immigration Measures

The $1.65 trillion omnibus spending package, the last bill to pass before the 117th Congress adjourns and Republicans assume control of the House in January, contained no significant immigration measures. Among the failed proposals were bills offering a path to citizenship for farmworkers in the country illegally, for Afghans evacuated to the U.S. last year after the Taliban retook power and for Dreamers, the immigrants here unlawfully who were brought to the country as children., and a proposal to shorten the wait for Indians caught in a green-card backlog that some analysts estimate could last decades.

Latest Statistics Show Decline in Use of Title 42 Under the Biden administration

U.S. Customs and Border Protection released statistics showing the relevance of the Title 42 pandemic-era policy as a border-control measure has been in steep decline under the Biden administration. U.S. authorities made 233,740 immigration arrests along the Mexican border in November — one of the highest monthly totals ever — but only 66,984 resulted in an “expulsion” under Title 42, the latest CBP figures show. Under the Trump administration, CBP used Title 42 to expel more than 80 percent of border crossers, but that rate began falling after President Biden took office.

White House Condemns Gov. Abbott’s “Another Migrant Stunt”

The White House condemns Governor Greg Abbott for sending more than 100 migrants to Vice President Kamala Harris’ home on Christmas Eve on the coldest that Washington DC has experienced in decades. White House spokesperson Abdullah Hasan said in a statement “Governor Abbott abandoned children on the side of the road in below freezing temperatures on Christmas Eve without coordinating with any Federal or local authorities.” Hasan added that the governor’s “political games accomplish nothing and only put lives in danger.”

2023 U.S. Immigration Predictions

Forbes issues “5 Crystal Ball Predictions That Will Change U.S. Immigration In 2023.” Among them were, due to improvements in capacity, technology, and staffing USCIS will make significant progress in reducing processing times for many immigration applications. The also predicted that the early part of the 2023 year will offer new EB-5 investors a chance to jump ahead of backlogged EB-5 investors if the new investors invest in rural, high unemployment, or infrastructure projects. However, they also claimed that busing of migrants may continue as political leaders in the southern states seek to register their immigration grievances and frustrations with the flood of migrants coming over the southern border with leaders in Washington and in northern states.

DACA Recipient Claims ‘There is No Legal Way to Do This’

Venecia Salazar, DACA recipient from Utah, expresses frustration over lack of pathway to legal status like permanent residency or citizenship. “What I need people to understand is that there is no legal way to do this. There are a lot of pathways to citizenship for a lot of different circumstances and for a lot of different kinds of people,” she said. She also added that “Court case from court case means that my life is in jeopardy all the time. What that does to the mental health — it’s truly terrifying in some moments.”

What Role Will Immigrants Play in Filling Open Jobs in 2023?

Texas employers struggle to fill its nearly 870,000 open jobs as the state’s economy grows and more businesses relocate to it. Immigrants play a significant and wide-ranging role in Texas’ workforce, from providing seasonal work to founding a fair share of startups as they make up more than 20% of the state’s jobs, despite accounting for only 17% of Texas’ population, according to an American Immigration Council report. At this rate of migrant workers surge in Texas, what role will they play in 2023?

Immigration Lawyer: Tech Layoffs ‘Uprooting Entire Families’

Considering that laid-off workers on an H-1B have just 60 days to secure a new job or risk deportation, Tahmina Watson, founding attorney for Watson Immigration Law in Seattle, said that “It’s not just one person’s life at stake… “It’s their spouses. It’s the children who were probably born in the United States — children who came here when they were young and they know nothing but America as their homes. It’s going to be uprooting entire families. When somebody is being laid off and they’re on a visa, the complication is just manyfold. And it’s often invisible and too complicated for the laid-off person to explain.” Watson argued a 60-day grace period is simply too short, especially during an economic downturn when replacement jobs are harder to find.

December 10-December 16

House Republicans Unveiled Border Security Proposal for Next Congress

Proposed border security initiatives were detailed by House Republicans that are set to hold the majority in the 118th Congress. The unveiling featured a preview of a 13-page legislative framework that aims to combat the historically high migration straining government resources at the U.S.-Mexico border. “We’re not here to complain about what’s going on, but to offer solutions that we know will work for the betterment of our country, our state and to make sure that we’re saving lives,” said Rep. Chip Roy, R-Texas, a primary architect of the plan.

Legal Immigration to the U.S. Rebounds

A couple of years ago, we witnessed hampered international travels and limited processing at U.S. consulates caused by the COVID-19 pandemic which resulted in the plunging in U.S. visa approvals.  Meanwhile, the number of approvals appears to rebound as the U.S. issued nearly half a million permanent visas to immigrants abroad in the fiscal year 2022. During the said fiscal year, the Department of State issued 493,000 visas to immigrants overseas who had applied to move to the U.S. permanently, a 73% jump from the fiscal year 2021 and a 7% increase from the fiscal year 2019 when the pandemic started.

The window is Nearly Closed for Congress to Protect DACA Dreamers

The window is nearly closed for Congress to find a compromise to protect Dreamers as the lame-duck session approaches its end. Senators Kyrsten Sinema, an independent from Arizona who recently left the Democratic Party, and Republican Thom Tillis of North Carolina, reportedly worked on a plan to combine border restrictions with a path to citizenship for an estimated 2 million Dreamers. However, even some House Democrats have expressed reservations with the framework of the Senate bill.

Gov. Abbott Calls for Investigation of NGOs Assisting Immigrants to Cross the Border

Texas Gov. Greg Abbott bids his top law enforcement official to investigate nongovernmental organizations (NGOs) operating in the state over their role in assisting immigrants to cross the U.S.-Mexico border. Abbott claimed that these NGOs may have assisted with illegal border crossings and, “although the burden to address the ongoing border crisis should not fall to Texas, the federal government has failed to take action to address this problem.”

White House Plans Cutdown on Number of Migrants Eligible for Asylum

The Biden administration is reportedly planning to cut the number of migrants who would qualify for asylum at the southern border while opening up new, narrow pathways for some would-be migrants to apply while still in their home countries. According to U.S. officials, the proposed pathways include new programs for Haitians, Nicaraguans, and Cubans to apply for humanitarian parole from their home countries. Meanwhile, DHS Secretary Alejandro Mayorkas did not deny that a so-called transit ban is under consideration.

USCIS Automatically Extends Green Cards for Naturalization Applicants

The USCIS updated its Policy Manual to automatically extend the validity of Permanent Resident Cards (Green Cards) for lawful permanent residents who have applied for naturalization effective Dec. 12, 2022. Under the current update, applicants for naturalization may no longer need to file Form I-90 pursuant to the extension of their lawful permanent resident (LPR) status. Also, LPRs who properly file Form N-400, Application for Naturalization, may receive this extension without regard to whether they filed Form I-90.

ICE Sued by Immigrants Over Spying on Financial Transactions

Following the recent disclosure of a U.S. senator regarding the secret spying of Immigration and Customs Enforcement (ICE) on wire transfers of more than $500 to or from California, Arizona, New Mexico, Texas and Mexico without probable cause or a warrant, affected immigrants sued ICE as well as Western Union, which gave the former money transfer records. ICE officials said they would not comment on pending litigation, but the agency said earlier this year that it had paused its requests for money transfer records.

Is DACA Lame Duck Session Deal Unlikely to Happen?

With only a couple of weeks left in the lame-duck session in which Democrats have control of both legislative chambers, a deal on DACA Dreamers’ pathway to citizenship has yet to be seen. Texas Republicans who were previously open to a DACA deal say time is running out, and the state’s Democrats fear no progress will be made in the next legislative session when Republicans will have control of the U.S. Meanwhile, Sen. John Cornyn claimed DACA legislation “is a very, very heavy lift. It’s unlikely to happen before the end of the year, and even next year it’s going to be very hard.”

Businesses Urged Congress to Strike Last-Minute Immigration Deal

Washington-based business groups are making a last-ditch effort to get Congress to pass immigration legislation before the end of the year and are optimistic a bipartisan agreement could fall into place. Businesses are in a range of industries, from agriculture to technology, have long urged Congress to make changes to the immigration system to allow for more foreign-born workers and thereby address widespread worker shortages.

December 3-December 9

Biden Administration Appeals Title 42 Ruling

The Biden administration appeals the ruling against the Trump Administration’s Title 42 border expulsion policy which rapidly expelled migrants at the border on the grounds of health concerns when the pandemic first began, although critics said the public health benefits were dubious. “The government respectfully disagrees with this Court’s decision and would argue on appeal, as it has argued in this Court, that CDC’s Title 42 Orders were lawful,” Justice Department attorneys said in a notice filed announcing the appeal.

Last Minute Deal on Immigration Reform Reportedly in the Works in U.S. Senate

Senators Thom Tillis (R-N.C.) and Kyrsten Sinema (D-Ariz.) are reportedly circulating a “draft framework” on immigration reform with less than two weeks left in the 117th Congress. Meanwhile, GOP senators say they simply have not seen any details of the purported Tillis-Sinema pact. “I think until the Biden administration owns up to its responsibilities on the border, it’s not possible to pass an immigration deal,” said Sen. John Cornyn (R-Texas).

International Students Contribute Talent Valuable to America

New research finds international students are valuable as a source of workers. Economists claim that between 2000 and 2015, between 500,000 and one million of international students graduated each year from American universities with a bachelor’s or a master’s degree making them a potentially valuable investment for the US educational system if they enter the U.S. labor markets after graduation. However, economists found that “only 10% to 20% of foreign graduates work in the U.S. even in the short run, likely due to visa and policy restrictions.”

New Democrat Coalition Calls for Immediate Protection for DACA Dreamers

Members of the New Democrat Coalition (NDC) released statements calling for “urgent action” to Congress to pass legislation protecting DACA Dreamers’ pathway to citizenship before the end of the lame-duck session. “As their fate hangs in the balance, we are committed to working with our colleagues in the House and Senate to pass bipartisan legislation before the end of the year that gives Dreamers the stability and security they’ve been waiting for and that they deserve,” the NDC said. Meanwhile, a bipartisan deal to protect DACA Dreamers is reportedly being hashed out in the Senate.

Nearly 1 Million Immigrants Naturalized as Americans in F.Y. 2022

USCIS published a report affirming that nearly a million or 967,400 immigrant adults were naturalized as American citizens in the fiscal year 2022 that ended last September 30, 2022, making it the third-highest annual tally recorded in U.S. history. The said number of adult immigrants who became U.S. citizens was only greater in 1996 and 2008 when 1,040,991 and 1,046,539 adults were naturalized, respectively, historical government statistics show. “It is good for the nation for people to fully become part of this nation, join it in the fullest way that they can,” USCIS Director Jaddou said.

100 Migrants Buses to Denver Without Warning

Denver officials confirmed at least 100 migrants arrived in the city on the night of December 5. 2022 without any warning. The city then scrambled to turn a rec center into a shelter to give the migrants temporary shelter. Meanwhile, U.S. Senator and former Denver mayor John Hickenlooper said in a statement that “Human lives are not political props. Denver will welcome these migrants with open arms and help in any way it can. We will be empathetic to people put in a difficult situation.”

Asylum Grants Rate Drops Amid Fast-tracked Adjudication

Syracuse University’s Transactional Records Access Clearinghouse (TRAC), a leading researcher on immigration court cases, released a study that found that since July, asylum grant rates have fallen and it “coincides with the extremely rapid increase in expedited cases.” According to Syracuse University professor and researcher Austin Kocher, “The big takeaway message is that the Biden administration really is trying to speed up cases but data shows when you speed up cases they lose.” The research found that the quicker the cases went through the courts, the lower the asylum seekers’ chances despite the fact that Fiscal Year 2022 had the largest number of individuals granted asylum of any year in immigration court history

Where are the Immigrants Headed?

A Bush Institute study found that immigrants in the U.S. have increasingly chosen to live in smaller cities and more suburban areas in the Sun Belt metros spreading demographic and social change across the country. The study also found that, out of the 100 largest metro areas, those ranked highest for immigrant well-being included several expected tech hubs with high immigration rates such as San Jose, San Francisco, and Seattle. Moreover, the best destinations for immigrants also included more surprising metros, including Baltimore, Pittsburgh, and Detroit.

DACA Protection for Increased Border Security Senate Compromise: Will this Work?

Questions as to the availability of time arose amid the reported Democrat-Republican agreement including a path to citizenship for 2 million “Dreamers,” new resources to speed up the processing of asylum seekers, expedited removal of migrants who don’t qualify for asylum, an extension of the Title 42 Covid health restrictions, as well as increased investments for Border Patrol and border security. With limited time before the end of the lame-duck session, congressional leaders still intend to tackle a defense spending bill, a possible omnibus package that would prevent a shutdown and fund the government through the rest of the fiscal year, reforming the Electoral Count Act, and possibly even passing cannabis reforms through the HOPE Act.

The White House Expresses Support for the EAGLE Act of 2022

The Biden Administration announces its support for the Equal Access to Green Cards for Legal Employment (EAGLE) Act and its goal of allowing U.S. employers to focus on hiring immigrants based on merit, not their birthplace, by eliminating the “per country” limitation on employment-based immigrant visas. The White House believes that these changes would help alleviate the effects of the visa backlogs that have left hundreds of thousands of immigrants waiting for years to receive permanent residence simply because of their country of origin.

November 19-November 25

DHS and Immigration Advocates Agreed to Settle Case on Targeting by Immigration Agents

The U.S. Department of Homeland Security and immigrant advocacy organization Migrant Justice, the Vermont Chapter of the American Civil Liberties Union and other advocacy groups agreed to settle a lawsuit seeking information about whether advocates were being targeted by immigration agents because of their political activism after a payment of $74,000 in legal fees by DHS. Migrant Justice, in representation of immigrant farm workers in the state, used the Freedom of Information Act to seek information about whether some of the organization’s members were targeted because of their activism promoting issues important to the immigrants.

National Immigration Forum Conference Featured Immigration as a Pillar of Economic and Agricultural Prosperity

Produce industry leader International Fresh Produce Association (IFPA) advanced immigration as a pillar of economic and agricultural prosperity at the National Immigration Forum’s 2022 Leading the Way Conference in Washington, DC. Considering that labor shortages have an impact on the supply of fresh fruit and vegetables produced in the U.S., calls were made against Senate to tackle the labor shortages in agriculture and food processing by considering the bipartisan Farm Workforce Modernization Act (FWMA), which passed the House of Representatives in 2021.

Is Immigration Reform Inevitable?

The United States’ imminent economic collapse amid need for more workers may force immigration reform. Immigration reform had been stalled for the longest time for reasons no other than the political aspect of it. Now that the midterms are over, Democrats survived the chaos at the southwestern border while some pro-immigrant groups are daring to hope political space may open in the next Congress for bipartisan immigration reform.

DACA Recipients Need Relief Now

California Sen. Alex Padilla, head of Senate Judiciary Subcommittee on Immigration, Citizenship, and Border Safety, has joined other Democratic senators in support of a bipartisan legislation that would provide a permanent solution for DACA dreamers whose fates have been in limbo for years.  Padilla is appealing to common sense, making the case to Republicans that offering permanent residency to immigrants who’ve lived in the country most of their lives and work in essential jobs boosts the economy.

Is Canadian Immigration Approach Better than the U.S?

With the desire to keep its economy strong despite having one of the world’s oldest populations and lowest birthrates, Canada just issued its immigration targets for 2023-2025 aiming to increase annual immigration from 400,000 in 2022 to 500,000 in 2025. Meanwhile, data show that the total immigration activity in the United States is small compared to Canada and, while the U.S. population is nine times that of Canada, the U.S.’ immigration numbers are only twice that of Canada’s and the employment-based immigration is less than half.

H-1B Visa Holders Scramble to Find New Jobs Amid U.S. Lay Off Wave

Hundreds of laid off employees in the U.S. who are on temporary work visas like H-1B may need to leave the country if they can’t find new sponsors amid the alleged inadequate guidance from the companies that sponsored them. Reports compiled by employees at Meta and Twitter indicate that the latest round of job cuts at those two companies alone has affected at least 350 immigrants. H-1B holders who become unemployed can remain in the US legally for only 60 days without finding new employers to sponsor them.

U.S. Department of State Defends Visa Wait Times

At a briefing on November 17, 2022, the U.S. Department of State responded to criticism that wait times have been too long and have harmed workers, families and companies citing data showing improvement.  Deputy Assistant Secretary Julie Stufft cited statistics that showed a median worldwide wait time for students and temporary workers as well as for a tourist visa.  Stufft also discussed strategies to improve the wait times, including at high-profile locations which included bringing staff up to pre-pandemic levels; waiving the in-person interview requirement for many students, temporary workers and those renewing visas, particularly individuals who had prior travel to the United States; and “electronically sending visa applications from certain overseas posts that have a high appointment wait time to other posts that have spare capacity every day.”

Senate Democrats are Running Out of Time to Provide Pathway to Citizenship for DACA Dreamers

Senate Democrats rely on the lame-duck session, the period after the midterms and before the new Congress begins, to try to strike an agreement with Republicans to provide a pathway to citizenship for DACA recipients before they lose their majority in the House.  “There’s no pathway forward for them if the court ultimately strikes down the whole thing, and so we can’t just wait and hope that the court will do the right thing. We really need to find a legislative fix because I think there are limited — although there are some — but there are limited things that the administration can do itself,” said Sen. Bob Menendez, a Democrat from New Jersey.

Economists:  Immigrants and International Students Boost Exports

According to economists, increasing exports and imports is a significant benefit that countries gain from admitting immigrants and international students following new research proving that international students provide more economic benefits than previously thought. These benefits include providing a way for U.S. students to experience other cultures without leaving their college campuses. International students also subsidize the tuition that U.S. students pay, encourage more to enter technology-related fields and are a significant source of talent for employers. Many international students also become entrepreneurs and create highly successful companies.

Twitter Lay Offs Upset Foreign Workers the Most

Amid Elon Musk’s ultimatum to remaining staff to commit to working “hardcore” or to leave, some foreign workers who would like to leave the company feel like they can’t because doing so may leave them no choice but to depart the U.S. due their dependency on H-1B temporary visa. In fiscal year 2022, Twitter had nearly 300 people approved to work on H-1B visas, according to USCIS data and it’s unclear how many have chosen to stay.  “Firing folks who are on a H-1B in a major economic downturn is not just putting them out of the job, it’s tantamount to ruining their lives,” one former employee told CNN, adding that some people who had accepted Musk’s ultimatum had accepted it “out of self-preservation.”

November 12-November 18

House Democrats: To Prioritize DACA Over Other Immigration Issues

Before they give up their majority in the lower chamber next year, House Democrats look into advancing immigration reforms to the Senate focusing on a bill to protect Dreamers, beneficiaries of the Deferred Action for Childhood Arrivals (DACA) program. The decision was announced by House Democratic leaders during a closed-door meeting just a week after the midterm elections when both parties were vying for a growing share of Hispanic voters. The DACA bill is separate from a House-passed bill to grant a path to citizenship to millions of farmworkers and a broader immigration proposal to implement a rolling registry for immigrants.

U.S. Plans to Begin Deporting Undocumented Cubans

According to two officials, the U.S. is planning to begin deporting undocumented Cuban migrants who are in the country on flights back to Cuba. The deportation will start “in the coming weeks,” as ICE locates Cubans with final orders of deportation to fill planes. The deportation flights would be the first of their kind since the Trump administration as Cuba has recently refused to accept its own citizens back from the U.S.

Federal Court Junks Trump Era Immigration Policy

A federal judge held unconstitutional Title 42, the Trump-era anti-immigration policy that allowed U.S. officials to turn migrants away at the border because of Covid. The policy allowed the Trump administration to bar millions of migrants from entering the United States, where they would legally be allowed to request asylum. The ruling says that the said policy violates the Administrative Procedures Act and argued that it’s “arbitrary and capricious.”

Immigration Advocates: It is Now or Never For DACA

Around 300 DACA recipients, Dreamers and immigrant advocates flew from all over the country to Washington to push for action on immigration. “This is about our lives. This is about my life,” said Greisa Martinez, executive director of United We Dream, who also said that they flooded lawmakers’ phone lines with calls to pass permanent protections and a pathway to citizenship for immigrant youth.

Gov. Abbott Declares South Border ‘Invasion’

Texas Gov. Greg Abbott declared that an invasion is happening on the southern border and moved to invoke invasion clauses of the U.S. and Texas constitutions to allow him to boost security at the border. The governor plans to take a variety of actions, including deploying the National Guard to repel and turn back immigrants he says are trying to cross the border illegally, sending the Texas Department of Public Safety to arrest and return border immigrants who did so and building a border wall in multiple counties. “I’m using that constitutional authority, & other authorization & Executive Orders to keep our state & country safe,” Abbott tweeted.

DACA Instability Causes Recipients to Leave the U.S.

Tawheeda Wahabzada, 32, moved to Toronto where she was born to Afghan refugee parents.  She got tired of hoping she would ever have a permanent place in the country that had been home for nearly her entire life. In February 2020, she left the U.S. after hosting a “self-deportation party.” A growing number of DACA recipients, disheartened after years of instability, are voluntarily moving to countries where they can acquire permanent legal status while some are going back to where they were born; others have transferred jobs or applied for student programs in unfamiliar places.

Expert Claims Lack of Immigration Reform Makes It Difficult for the U.S. to Attract Labor

Eric Thompson, University of Nebraska–Lincoln Economics Department Chair, said the tightening of legal immigration regulations has made it more difficult for Nebraska to attract and retain working-age people. The expert said that “there’s more to it than just economics, but if you look at it from a purely economic perspective, it’s slowed the growth of our labor force” following the tight labor market in Nebraska as unemployment rate remains relatively low (2.2% in September, tied for the fourth-lowest in the nation).

Imagining America with Immigration Reform

Imagine if members of the 110th Congress had managed to thread the needle on immigration reform in 2007. What would have that outcome meant for the future of America, some 15 years later? Here it is: There’s never a President Trump with an operational immigration system; DACA Dreamers would be Americans by now already; The economy would have been stronger and more competitive since employers would have access to pools of talented temporary workers with the skills they need; The borders would be more secure and the country’s counter-terrorism security would have been enhanced.

November 5-November 11

Illinois Immigration Advocates Plan Next Steps for Reform After Celebrating Election Results

As Illinois elected its first Latina to Congress and its first Vietnamese American and Arab American legislature members in years, immigration advocates gathered to celebrate the election results of their grassroots campaign efforts. Amid the celebration, the advocates outlined policies they want candidates to pursue including expanding Medicare and Medicaid access to immigrants outside currently accepted age limits; creating a permanent state child tax credit that would include immigrant households; and curtailing surveillance by the U.S. Immigration and Customs Enforcement agency.

Illegal Immigrants Now Eligible to Apply for Driver’s License in Massachusetts

Under the new Massachusetts law set to take effect on July 1, 2023, people in the country illegally will be able to apply for a driver’s license if they can provide the Registry of Motor Vehicles with a foreign passport or consular identification document. Additional documents should also be provided including a driver’s license from another U.S. state or territory; a birth certificate; a foreign national identification card; a foreign driver’s license; or a marriage certificate or divorce decree from any U.S. state or territory.

Training Immigrants:  Possible Answer to Labor Shortage in Home Care Workers

Research from the Brookings Institution suggests that Immigration reform could offer the solution for labor shortage in home care workers.  According to the said research, demand for home health and personal care aides is projected to increase by 25% in the next decade. Hence, the research found that one possible answer to a shortage in home care workers lies in training immigrants to assume caregiver roles like the 15-week home health aide program launched in 2016 than teaches Latin students how to transfer patients from beds to wheelchairs, bathe and dress them, care for catheters and prepare meals.

Nonprofits Shoulder Burden of Texas’ Migrant Busing Program

In the absence of communication between the state and cities set as destinations of 13,000 migrants bused by Texas, nonprofits are having to pick up the pieces for this mass movement of migrants. Abbott claimed he doesn’t need to talk to the mayors of the said cities because the coordination of the busing program is happening through nonprofit organizations. However, the sudden burst of cross-country coordination has strained the financial resources of the volunteer groups, which are usually small and run on shoestring budgets that are reliant on donations.

Is Canada Outdoing the U.S. in Attracting Global Talents?

Immigration accounts for almost 100% of Canada’s labor force growth, and, by 2032, it’s projected to account for 100% of Canada’s population growth. Meanwhile, Canadian Government continue to set targets in the new levels plan of 465,000 permanent residents in 2023, 485,000 in 2024 and 500,000 in 2025 thus cementing Canada’s place among the world’s top destinations for talent and creating a strong foundation for continued economic growth, while also reuniting family members with their loved ones and fulfilling Canada’s humanitarian commitments.

Despite Hot Topics on Immigration and Border Security, Inflation Motivated North Texas Voters

Polls on Election Day demonstrated that North Texas voters were just as influenced, if not more, by concerns about inflation and rising prices and debates over abortion and gun policy.  These results manifested on a national level as inflation and abortion were top issues motivating voters in the midterm elections, followed by crime, immigration and gun policy, according to an exit poll conducted by Edison Research.  Only about one out of 10 voters said immigration was their top concern in deciding how to vote.

Current DACA Guidelines Still Lacks Pathway to U.S. Citizenship for Dreamers

With the current implementation by the federal government of the updated guidance on how to handle applications for DACA, current DACA recipients can keep their status for the meantime and continue to apply for renewal while first-time applicants are still blocked by ongoing litigation. Meanwhile, DHS Secretary Alejandro Mayorkas said long-term solutions would need to be decided in Congress “to urgently pass legislation that provides Dreamers with the permanent protection they need and deserve.”

Arizona Voters Appear to be in Favor of Granting DACA Dreamers the Eligibility to Pay In-State Tuition

Early returns showed a majority of Arizona voters backing Proposition 308 which grants undocumented students the eligibility to pay in-state tuition at state colleges and universities. If passed, Proposition 308 also would allow students to receive state-funded aid like grants and scholarships. Under the said proposition, any college student, regardless of their legal status in the U.S., would qualify for in-state tuition if they graduated from an Arizona high school and has lived in the state for two years prior.

Layoffs Cost Immigrant Workers their Jobs and Right to Stay in the U.S.

Recent layoffs in H-1B reliant tech industries like Twitter, Lyft, Stripe, Meta and, Salesforce caused immigrant workers to lose their jobs as well as their right to stay in the U.S.  When H-1B holders are laid off, they have 60 days to find a new job or leave the country. This state of affairs scares immigrant workers who already spent years building a life and are now faced with just 60 days to sell their house, car, get their kids out of school, and leave the country.

October 29-November 4

ACICS Loses Recognition as Accrediting Agency

ACICS or Accrediting Council for Independent Colleges and Schools is no longer recognized as an accrediting agency following an announcement by the U.S. Department of Education (ED) last August 19, 2022. The announcement immediately laid massive impacts on immigration-related student programs.  Since English language study programs solely accredited by ACICS are no longer accredited institutions, the USCIS will issue requests for evidence (RFEs) to any individual who has filed Form I-539 Application. Moreover,  the ACICS loss of recognition as an accrediting agency prevents F-1 students from qualifying for a STEM OPT extension.

Republicans See Advantage on Immigration in the 2022 Midterm Elections

Campaign ads displaying images of the U.S.-Mexico border and former President Donald Trump’s border wall promises show Republicans taking advantage of voters who see the high levels of migration to the border as a worsening problem that needs to be fixed. Experts say that Republican messaging on border security has greatly outweighed any Democratic messaging on immigration policies, which focuses on creating more legal channels for entering the country and relief for undocumented immigrants.

President Biden Warns the Public of Chaos After the 2022 Midterms Election

With less than a week left before the midterm elections, President Biden warns the public after FBI and other agencies have forecast that threats of violence from domestic extremists are likely to be on the rise after the election. Biden spoke days after an assailant armed with a hammer broke into the San Francisco home of House Speaker Nancy Pelosi. “We must, with one overwhelming unified voice, speak as a country and say there’s no place, no place for voter intimidation or political violence in America, whether it’s directed at Democrats or Republicans,” Biden said.

Should USCIS Extend Eligibility to Work in the U.S. to H-1B Spouses?

Madeline Zavodny, a former economist at the Federal Reserve Bank of Atlanta and Dallas and is now an economics professor at the University of North Florida, believes the current USCIS regulation prevents many highly educated individuals, primarily women with a STEM education, from working in and contributing to the American economy. Meanwhile, Jon Wasden, a partner at Wasden, Bless & Forney, claimed that “There is no legal reason USCIS cannot issue a new regulation and grant work authorization to the spouses of all H-1B visa holders.”

The U.S. Congress Should Take Action on DACA Dreamers Now

The session after the midterm elections may be the best chance for Congress  to take action on DACA. Considering that nearly 75% of Americans support granting legal status to DACA Dreamers and that deporting them is extremely unpopular, the House has already passed a bill that would permanently shield DACA recipients from deportation and give them a path to citizenship. A bipartisan effort in the Senate would do much the same and while getting enough Republican senators on board by means of compromise. If giving DACA enrollees a pathway to citizenship proves too difficult, Congress should at least extend their work authorization and deportation protections.

Big Tech Leaders Push Congress for Immigration Law Changes

Big Tech policy leaders push Congress to pass immigration changes before the end of the year seeking to connect the issue with the goals of a new law to reinvest in domestic semiconductor manufacturing and scientific research to draw foreign talents to the U.S. businesses that they say is needed to make that happen. The sector hopes to connect the issue with the stated goals of the law, known as the CHIPS and Science Act, to bring semiconductor manufacturing back to American shores and better compete with foreign rivals like China.

Lack of Immigration Reform Hurt Farmers and Businesses

Graywood Farms farmer and co-owner Lisa Graybeal highlights a pressing immigration issue that she and other farmers say is not getting enough attention: They need migrant workers to keep their farms running and Americans fed. “Without immigrant labor, our dairy farm wouldn’t be here,” Graybeal said.  She and other Pennsylvania farmers push Congress for immigration reform that will give year-round growers and producers access to the H2-A farmworker program used by seasonal growers and producers. The visa program would ease the worker shortage in the agriculture industry.

2022 Midterm Elections Impact on U.S. Immigration System

The potential impact of the 2022 Midterm Election Results on legislation surrounding immigration would depend on whether Republicans or Democrats fill those seats. Republicans are more focused on border security, including deportations, while Democrats have been more supportive of paths toward legal status for immigrants and keeping families together. However, while many Republicans favor a militant approach to keeping migrants out, including the building of a border wall, and many Democrats want to see better paths to citizenship for immigrants, the inability of the Biden administration to pass legislation to address the many concerns at the Southern border has left those on both sides, and those vying for a better life in America, in limbo.

H.R. 9225: The Case Backlog and Transparency Act of 2022

The Case Backlog and Transparency Act of 2022, introduced by Representative Tony Cárdenas, establishes the U.S. Citizenship and Immigration Services (USCIS) and Government Accountability Office (GAO) reporting requirements on the agency’s processing delays, customer service tools, and efforts to reduce the immigration case backlog.

October 22-28

Business Leaders Predict ‘Crisis’ Unless Congress Protect DACA Dreamers

An impending “crisis” for the economy was predicted by more than 80 business leaders if lawmakers don’t pass laws to protect young immigrants who came to the U.S. as children otherwise known as DACA Dreamers. This is following the recent decision by a federal appeals court against the decade-old program that allows hundreds of thousands of undocumented immigrants who came to the United States as children to avoid deportation and work legally. The said business leaders include executives from Amazon, Apple, General Motors, IBM, Microsoft, Target and Verizon.

U.S. Senators Call for TPS Expansion for More Haitians

Advocates say that the current number of 55,000 Haitians who have been granted TPS or Temporary Protected Status following the last TPS designation by the USCIS may have increased by now already. Led by Massachusetts Sen. Edward J. Markey, 15 lawmakers is asking that Temporary Protected Status be redesignated for Haiti as ongoing civil unrest, gang violence and kidnappings force thousands of Haitians to leave their homeland. Redesignation, the senators write, would allow newly arrived Haitians in the United States to lawfully support themselves and the communities where they live.

The University of California Will Hire Immigrant Students Without Work Permits

Despite potential threat of going against Federal laws, the University of California will consider a proposal to break legal ground by hiring immigrant students without work authorization. This proposal could dramatically change the lives of tens of thousands of immigrant students considering that California is home to 1 in 5 of the nation’s college students without legal authorization. “It’s a brand-new novel idea and of course I would love to do it if feasible,” Richard Leib, chair of the UC Board of Regents, said in an interview.

Labor Shortage Hurt U.S. Farmers

Land O’Lakes CEO Beth Ford said that the agriculture industry is a couple million workers short right now. The problem on labor shortage continue to contribute to food inflation on top of the rising fertilizer and transportation costs as well as drought conditions and the war in Ukraine. Meanwhile. Immigration advocates claim the Farm Workforce Modernization Act could address the worker shortage and help reduce costs through reformation of the Department of Labor’s H-2A program which allows farmers to hire seasonal foreign workers to harvest their crops.

Law Firms and Nonprofits Team Up with Mexican Consulate to Provide Legal Advice

Free legal services will be available to immigrants following the cooperation between several law firms and nonprofit organizations and the Mexican consulate in El Paso. The legal services include online seminars and one-on-one consultations on issues ranging from suing an employer for lost wages, filing domestic abuse charges and advice on immigration matters. The campaign aims to aid a Mexican population that cannot afford a lawyer and often suffers abuse due to immigration status.

USCIS Eases Citizenship-test Waiver Application for Immigrants with Disabilities

The USCIS rolled out changes simplifying and shortening the forms that immigrants with disabilities use to apply for citizenship-test waiver. It can be noted that, in 2020, the Trump administration doubled the length of the said form creating a more difficult situation for immigrants with disabilities. The disability waiver is used to exempt immigrants with physical, mental or learning disabilities from the English and civics test requirements.

Immigration Issues Bear Upon Pennsylvania Congressional Race

Immigration plays key issue on one of the most competitive congressional races in the country amid the November elections. Jim Bognet, a political appointee in the Trump administration and the Republican nominee for the area’s House seat, now deemphasized on the claim that hat immigrants take jobs from Americans.  The republican party is now focusing more on connecting immigrants to crime and drugs, as some polls show the party has an edge over Democrats on securing the border and tackling crime.

Temporary Family Visitation Visa Law Gathers Strong Republican Support

The Temporary Family Visitation Act (TFVA) is gathers strong Republican congressional support considering that 18 of 43 cosponsors in the House are Republican and, in the upper chamber, Sen. Rand Paul (R-Ky.) has partnered with Sen. Richard Blumenthal (D-Conn.) on the legislation. TFVA advocates argue the bill would be a boon to the U.S. economy. According to the U.S. Travel Association, each overseas traveler visiting the U.S. spends on average $4,200 during the course of a stay in the U.S. With more than 1 million people estimated to take advantage of the TFVA annually, that’s more than $4 billion a year in additional travel spending.

Immigration Remains Top Issue Among Latino Voters

Immigration remains a top issue among Latino voters amid the approaching November elections. However, opinions remain varied as, although more Latino voters support a more “humane treatment” of migrants and creating a pathway to citizenship for the undocumented, some Latinos also think that there is a need for more border security.  About 55% of Latinos support Democrats on the issue of legal immigration, according to a recent NYT/Siena College poll while the GOP has recently made significant gains, even while escalating the anti-immigrant rhetoric popularized by former President Donald Trump.

China Falls Behind India in the Number of U.S. Student Visas Secured

In 2021, China was able to send 99,431 students to the U.S. while India had 87,258 students. Meanwhile from January to July this year, a total of 77,799 Indian students received F-1 visas compared to the 46,145 secured by China according to the Bureau of Consular Affairs.   Data show that the decline of the number of Chinese students in the U.S. and the rise of Indian F-1 Visa holders is largely due to the current atmosphere caused by restrictions brought about by the COVID-19 Pandemic on top of the US-China tensions during the Trump Administration which made it even more difficult for Chinese students to travel to the U.S. compared to other international students.

October 15-21

Microsoft, Apple, Meta and Other Fortune 500 Companies Launched an Ad Campaign in Support of DACA Dreamers

With the latest issue concerning the looming end of DACA, Microsoft, Apple, Meta and dozens of other Fortune 500 companies launched an ad campaign to push U.S. Congress to pass a new law that would secure the fate of DACA “Dreamers.” Apple CEO Tim Cook said: “Dreamers are an essential part of the fabric of our nation. They make our communities stronger, they make our companies more innovative, and they deserve a right to live in America with dignity. I stand with the bipartisan majority of Americans who agree that granting permanent protections for Dreamers is the right thing to do. It’s time for Congress to act.”

DACA Court Decisions Could Impact College Students

Nearly 100,000 Dreamers enrolled in higher education could experience the impact of the forthcoming Texas court decision that will likely put the future of DACA in doubt. However, legal experts expect forthcoming decisions and appeals will likely send the case to the U.S. Supreme Court to decide DACA’s future. Without the DACA protection from deportation and the ability to legally work in the U.S., students are at risk of deportation.

Immigration Expert Proposes Immigration Plan for Climate Change Era

Deepak Bhargava, a distinguished lecturer in urban studies at the City University of New York and a senior fellow at the Roosevelt Institute, claims there is a need for a new narrative about immigration.  Given the scope of the United States’ historic contributions to the climate crisis, this presents an urgent question. As Bhargava asks, “If you burned your neighbor’s house down and they came to your door, knocking, asking for refuge, what’s your responsibility?”

Advocates in Construction Industry Call for Immigration Reform to Fill Surge of Open Jobs

In addition to the 407,000 unfilled jobs in the construction industry now, researchers and other experts expect millions of new construction jobs in coming months due to the passage of the Infrastructure Investment and Jobs Act, CHIPS Act and the Inflation Reduction Act. According to Ken Simonson, chief economist at the Associated General Contractors of America, “construction is one of many industries that historically relied much more than they’ve been able to in the last three years on foreign-born workers.”

National Academy of Sciences Calls for Immigration Boost

The National Academy of Sciences (NAS) called for actions to attract more foreign-born talent, increasing immigration and taking other measures to protect U.S. technological advantages following the rise of issues on U.S. wait times and visa shortfalls that have encouraged talented foreign-born students and professionals to seek out other countries. Meanwhile, at U.S. universities, international students account for 74% of the full-time graduate students in electrical engineering and 72% in computer and information sciences, as well as 50% to 70% in fields that include mathematics and materials sciences, according to a National Foundation for American Policy (NFAP) analysis.

Federal Judge Allows Temporary DACA Protection

Judge Andrew Hanen extended an order temporarily protecting hundreds of thousands of Dreamers from being deported and blocking new applicants from the program. The same judge ruled last year that the decade-old DACA program was unlawful, but allowed it to stay intact as advocates appealed his ruling. Meanwhile, Hanen ordered attorneys in the current DACA case to provide more information and said he expects additional legal arguments related to the new rule. The current protections are expected to remain in place for at least several more months as each side presses their case.

U.S. Shelter System Houses Nearly 130,000 Unaccompanied Migrant Children in 2022

According to internal federal figures obtained by CBS News, nearly 130,000 migrant children entered the U.S. government’s shelter system in fiscal year 2022, an all-time high driven by record arrivals of unaccompanied minors along the southern border. The 2022 number of migrant children surpassed the 122,000 unaccompanied minors that federal shelters received in fiscal year 2021, when the Biden administration found itself unprepared for a sudden, sharp increase in child migration that led to severe overcrowding in border facilities, the Department of Health and Human Services (HHS) data show.

Biden Invokes Trump-era Rule to Expel Venezuelan Migrants

With the increase in the numbers of Venezuelans arriving at the U.S.-Mexico border as the Nov. 8 election nears, Biden invoked a Trump-era rule known as Title 42 to deny Venezuelans fleeing their crisis-torn country the chance to request asylum at the border. The rule which was previously denounced by Biden uses emergency public health authority to allow the United States to keep migrants from seeking asylum at the border, based on the need to help prevent the spread of COVID-19.

Overwhelmed Chicago Immigration System Faces Shortage of Attorneys

The need for attorneys who handle asylum cases increase following the arrivals of more than two thousand migrants who fled Venezuela and are seeking asylum in the United States are sent to Chicago from Texas.  Immigration advocates Borderless spoke say that the need for immigration lawyers, particularly those that handle asylum cases, is at an all-time high as a result of burnout, years of changing immigration policies under President Donald Trump, and the influx of asylum seekers and migrants from countries like Afghanistan, Ukraine and Venezuela.

October 8-14

Biden Administration’s New Border Asylum Adjudication System Creates Unrealistically Short Deadlines for Asylum Seekers

Four months into the implementation of the new asylum adjudication system of the Biden Administration, unrealistically short deadlines prove burdensome for asylum seekers who arrive over the southern border, the vast majority of whom are people of color. Rather than providing a fair opportunity for those seeking safety to explain and corroborate their persecution claims, the new system imposes unreasonably speedy time frames to enable swift adjudications.  For immigration lawyers, the new rule exacerbates a challenge that they share with public defenders and other lawyers working within dysfunctional systems: how to provide even the most basic level of procedural due process for their clients.

Nearly 65,000 Additional Visas for Fiscal Year 2023 Will Be Supplemented to H-2B Cap

The Department of Homeland Security (DHS), in consultation with the Department of Labor (DOL), announced that it will be issuing a regulation that will make available to employers an additional 64,716 H-2B temporary nonagricultural worker visas for fiscal year (FY) 2023, on top of the 66,000 H-2B visas that are normally available each fiscal year. DHS announces that it is acting swiftly to address U.S. employers’ needs for additional seasonal workers while working together with DOL to institute robust protections for U.S. and foreign workers alike.

The USCIS Issues Policy Guidance on the EB-5 Reform and Integrity Act of 2022

The USCIS issued policy guidance in the USCIS Policy Manual to incorporate changes resulting from the EB-5 Reform and Integrity Act of 2022. The policy highlights include the removal of the provisions found in the EB-5 Modernization Rule that a federal court vacated on June 22, 2021 as well as the addition of the policy that an applicant may file Form I-485, Application to Register Permanent Residence or Adjust Status, concurrently with, or subsequent to, a Form I-526, Immigrant Petition by Standalone Investor, where a visa is immediately available, among others.

ICE Announces Extension to I-9 Compliance Flexibility

Due to the continued safety precautions related to COVID-19, the DHS will extend the updated flexibilities until July 31, 2023. The extension was first announced in March 2020 and updated in March 2021. On February 18, 2022, President Biden issued a notice on the continuation of the state of the National Emergency concerning the COVID-19 pandemic (“COVID-19”). A further extension was granted on April 25, 2022.

Employers Can Continue to Use Current Form I-9 Even After Expiration

USCIS announces that employers should continue to use the Form I-9, Employment Eligibility Verification, after its expiration date of October 31, 2022, until further notice. DHS will publish a Federal Register notice to announce the new version of the form once its available.

FAQs on the Implementation of 2022 H-2A Final Rule Announced by DOL

The Department of Labor (DOL) provided Frequently Asked Questions (FAQs) to assist employers, workers, and other interested parties in understanding the H-2A final rule, which goes into effect on November 14, 2022. The FAQs include questions regarding why did the Department issue a new final rule governing the H-2A program, how is the 2022 H-2A final rule different from the 2010 H-2A regulations, when does the 2022 H-2A final rule become effective, and how will employers know whether the 2022 H-2A final rule governs the processing of a particular H-2A application, among others.

DHS Announces Partnership with Mexico in New Migration Enforcement Process for Venezuelans

DHS ventures into joint actions with Mexico to reduce the number of Venezuelans arriving at the Southwest border. Effective immediately, Venezuelans who enter the U.S. between ports of entry, without authorization, will be returned to Mexico. Additionally, up to 24,000 qualifying Venezuelans will be allowed to enter through a new process with the eligibility outlined in the notice. The campaign will include new migration checkpoints, additional resources and personnel, joint targeting of human smuggling organizations, and expanded information sharing related to transit nodes, hotels, stash houses, and staging locations.

United States is Losing Global Talents Due to Endless Visa Waits

Months, even years, of visa-processing delays make it needlessly difficult to visit and work in the U.S., causing the country to miss out on talent and unnecessary headaches for residents and encourage businesses to move jobs abroad.  Meanwhile, Secretary of State Antony Blinken has blamed the delays on money troubles (visa processing is funded by fees) and social distancing in embassies. If money is an issue, he should ask Congress for more; if social distancing in embassies is an issue, he should change the policies to reflect that the threat from Covid-19 has receded. Either way, this crisis demands real leadership.

Wisconsin Dairy Leaders Urge Senate to Fix Labor Shortages Through Immigration

Wisconsin and national dairy leaders are pushing the U.S. Senate to cut food prices and fix the agricultural labor shortage through the Farm Workforce Modernization Act would also curb inflation by letting dairy farmers hire workers on H-2A visas. The H-2A program allows employers to bring in immigrants for temporary or seasonal agricultural jobs. As of now, the dairy industry is excluded from the program. According to a University of Wisconsin-Madison study, dairy generates nearly half of Wisconsin’s agricultural revenue each year and over 150,000 people work in the industry, making up 4.2 percent of the state’s total workforce.

Over 16,290 Indians are Trying to Enter the U.S. via Mexico

Over 16,290 Indians were caught at the Mexico border by the Customs and Border Patrol between October 2021 and August this year in their chase for the American dream of socio-economic upliftment—a better job, a dollar salary, education for kids, and more. Growing discrimination and persecution in Bharatiya Janata Party-ruled India—often on the basis of religion, sexuality, or political allegiance—is forcing people to seek refuge in the U.S.

15 Immigrant and Allies Arrested Amid Protest Against DACA Ruling

15 young immigrants and their allies were arrested after protesting in response to a conservative appeals court ruling this week that upheld a lower court decision last year finding the successful and popular Deferred Action for Childhood Arrivals (DACA) program unlawful. The protesters were arrested after blocking traffic in front of a U.S. Senate building in Washington, D.C. Many of the protesters that day were DACA recipients who have endured years of anxiety and uncertainty due to GOP-led litigation continuing to challenge the policy despite a major win at the Supreme Court in 2020.

Young Immigrants Turn to Social Media for Political Participation

Young immigrants are looking to social media to engage in politics and elections even if they are not eligible to vote. A team of scholars and students across disciplines and universities are researching immigrant youths’ civic development recognizing the importance to recognize that young immigrants are also playing a key role in galvanizing older immigrants to vote, primarily by connecting with them via social media. Research shows that online sites and apps like Twitter are key for young immigrants – both people who were born outside of the U.S. and those who are second-generation immigrants – as ways to engage in politics.

Biden Administration will Allow 24,000 Venezuelans with Sponsors to Enter the U.S. Legally

The Biden administration will allow 24,000 Venezuelan asylum-seekers to enter the country lawfully if they have a U.S.-based financial sponsor in a bid to deter illegal crossings along the southern border, the Department of Homeland Security (DHS) announced Wednesday. Meanwhile, Venezuelan migrants who cross the U.S.-Mexico border illegally could face rapid expulsion to northern Mexico under a recently forged agreement with the Mexican government.

October 1-7

Federal Appeals Court Sends DACA Case Back to Lower Court

The 5th U.S. Circuit Court of Appeals ruled that a federal district judge in Texas should take another look at the program following Biden administration revisions adopted in August. President Joe Biden said in a statement that he was “disappointed” in the ruling, noting, “The court’s stay provides a temporary reprieve for DACA recipients but one thing remains clear: the lives of Dreamers remain in limbo.” People protected by DACA are commonly referred to as “Dreamers,” based on never-passed proposals in Congress called the DREAM Act. DACA was adopted by former President Barack Obama’s administration and has had a complicated ride through federal court challenges.

Immigrants Bring Fiscal Benefits to U.S. Taxpayers

New research found that immigrants, including those with less than a high school degree, provide enormous fiscal benefits and a significant subsidy to U.S. taxpayers, hence the implications for legislation to admit more employment-based immigrants and immigration more broadly.  The most well-regarded fiscal estimates have found immigrants are a net positive for taxpayers.  Furthermore, the new research corrects a flaw in earlier analyses that underestimated the fiscal benefits of immigrants, including immigrants with less than a high school degree.

Is U.S. Visa Processing Discouraging to Visitors?

Esra Calvert, principal at Esra Calvert Consulting which focuses on data in the tourism industry, claimed that around 40% of international visitors to the U.S. need to apply for a visa to enter the country. “There is paperwork you have to do online, and you wait for your appointment time… When your appointment time comes, you go to the embassy for an interview. You have to show proof of finances, what your plans are, very basic pieces of information just for proof that you’re going on vacation or a business meeting,” she told USA TODAY. Those extra barriers sometimes discourage people from applying for visas at all – to say nothing of those whose applications are rejected.

Biden Administration Fails to Hit 2022 Refugee Admissions Target

Deputy Assistant State Department Secretary Sarah Cross said in an interview with CBS News that in fiscal year 2022, which ended on Sept. 30, the U.S. received approximately 25,400 refugees under the Refugee Admissions Program.  This means that the Biden administration falls 80% short of 2022 refugee admissions target for the current fiscal year.  Over the past year, Cross said, the Biden administration has deployed roughly 600 additional personnel at U.S. refugee process centers overseas; increased the number of local domestic resettlement offices from 199 to 270; and taken steps to expedite the processing of refugees.

Deadly Consequences of the Politics Behind U.S. Immigration

A poll by the Associated Press in December found that nearly half of Republicans agree to at least some extent with the idea that there’s a deliberate intent to “replace” native-born Americans with immigrants, a theory peddled by the Republicans themselves. Meanwhile, reporting by the New York Times says that a small group of migrants were walking along a roadway when they stopped at a water tank. As a pickup truck approached, the migrants tried to hide. One of the men in the truck shouted profanities at the migrants, according to their testimony in court documents. Then the driver got out of the truck and fired shots before driving away.

The White House Eyes Pushing for Changes in Immigration System After Midterms

White House officials have been considering whether changes to the country’s immigration system should be one of the Biden administration’s major policy pushes. The talks are happening within a small group of Biden aides, and the president hasn’t yet made any decisions, the sources said. The policy details of any immigration push, as well as its scale and scope, would depend on the makeup of Congress and the political climate, the people familiar with the discussions said.

Immigration Advocates Frown Upon DACA Ruling

In a statement, Homeland Security Secretary Alejandro Mayorkas said “I am deeply disappointed by today’s DACA ruling and the ongoing uncertainty it creates for families and communities across the country. We are currently reviewing the court’s decision and will work with the Department of Justice on an appropriate legal response.” Meanwhile, several immigration advocate organizations suspect that the higher court has sent the case back to a South Texas federal judge who last year declared Deferred Action for Childhood Arrivals to be illegal.

September 17-23

Weekly Immigration News Summary

Gov. Greg Abbott’s Migrant Busing Program Costing Texas $12 Million

Gov. Greg Abbott’s migrant busing program has cost $12 million since it began, amounting to an average of about $1,300 per person per ride to destinations on the East Coast. The governor’s ‘Operation Lone Star’ has provided transportation free of cost to 9,200 migrants since it began in April, delivering them to New York City and Washington, D.C. Abbott’s office began asking for private donations to fund the trips. According to the San Antonio Express-News, the state had raised more than $118,000 by late July — far short of the program’s cost.

Texas Will Continue Sending Migrants to Sanctuary Cities

According to Texas Governor Abbott, “Texas will continue sending migrants to sanctuary cities like Washington, DC until President Biden and Border Czar Harris step up and do their jobs to secure the border.” It can be noted that Texas has recently sent a couple of buses of migrants to Vice President Harris’ home where about 100 people carrying only a few belongings came out of the buses after a journey that was longer than 30 hours. Aid workers who responded at the scene said “this was yet another humiliation that these people, who are trying to escape violence and poverty in Latin America, were made to suffer on a journey that is at times already dehumanizing”

Majority of Texas Voters Support Busing Migrants Out of State

Poll results show that 52% of Texas voters supported Abbott’s policy of busing migrants. 35% expressed their opposition, while 14% said they were unsure. The Texas Politics Project surveyed 1,200 self-declared registered voters from Aug. 28 to Sept. 6. In terms of the Texas gubernatorial race, Gov. Abbott, a Republican running for a third term, continues to lead Democrat Beto O’Rourke, by five points. According to the poll, 45% of Texas voters surveyed signaled an intention to vote for Abbott, while 40% said they’d vote for O’Rourke.

Legality Issues Rise Over DeSantis’s Flying of Migrants to Martha’s Vineyard

State Democrats and others are questioning whether the flights were legal since they originated in Texas and not Florida which is contrary to the budget language which specifically specifies to “facilitate the transport of unauthorized aliens from this state consistent with federal law.” It was also specified that the flights should be used to transport “unauthorized aliens” — but lawyers speaking on behalf of the migrants say many who were flown to Martha’s Vineyard are seeking asylum, which puts them in a different category legally.

Migrants Flown to Martha’s Vineyard File Class Action Against DeSantis

Migrants flown to Martha’s Vineyard last week filed a class action lawsuit Tuesday against Florida Gov. Ron DeSantis and other Florida officials. In the complaint, it was alleged, among others, that the migrants were given misleading information promising cash assistance, employment services and housing assistance, which they called “bold-faced lies.” Lawyers for the migrants have asked the Massachusetts attorney general and the federal government to open criminal investigations in response to the transports, which have elicited strong reactions on both sides of the aisle.

DeSantis Threatened to Fly Migrants to President Biden’s Home

Reports say that a plane carrying migrants was heading to President Joe Biden’s home state of Delaware. State officials and community groups stood by to provide aid while reporters and camera crews staked out airports. However, the migrants never showed up. White House press secretary Karine Jean-Pierre said the Biden administration was aware of reports that a plane was heading to Delaware. “Our heads up did not come from Gov. DeSantis because his only goal, as he’s made it really quite clear, is to create chaos and using immigrants fleeing communism as political pawns,” Jean-Pierre said.

Border Arrests Hit 2 Million This Year

Border apprehensions and expulsions by the U.S. Border Patrol hit 2 million this year, the highest number ever recorded, breaking the previous high of 1.7 million in 1986 and continuing a trend that began in early 2021, according to U.S. Customs and Border Protection statistics. These numbers represent 80% of total border crossings, according to the CBP’s estimate of Border Patrol effectiveness. Arizona Sheriff Mark Lamb claims that the surge of immigrants at the border has brought with it a humanitarian crisis which affects immigrants and many U.S. citizens, citing cases of human trafficking and exploitation at the hand of cartels and the dramatic increase of fentanyl seized at the border.

Action From Congress Needed to Keep Green Card Approval Pace

Proposals to allow more employment-based green cards each year have been caught in the political thicket of immigration reform and border security. Meanwhile, the USCIS is set to process the most employment-based green cards in the history of the program. USCIS had issued more than 263,000 employment-based green cards as of August 31, 2022. However, in spite of the high green card demand, legislative proposals to reduce the backlog have languished in Congress, despite enjoying some bipartisan support.

September 10-16

ICE and CBP Will Not Conduct Immigration Enforcement on Areas Affected by Recent Wildfires in California and the Water Crisis in Mississippi

ICE and CBP reminds the public that sites that provide emergency response and relief are considered protected areas and that they will not conduct immigration enforcement activities at protected areas such as along evacuation routes, sites used for sheltering or the distribution of emergency supplies, food or water, or registration sites for disaster-related assistance or the reunification of families and loved ones.  This is an effort by the DHS to support the needs of the areas affected by the devastating wildfires in Dulzura, California and throughout the state, and the water crisis in Mississippi.

USCIS Updates Form G-325A, Biographic Information for Deferred Action

The USCIS announced that starting Nov. 14, 2022, it will only accept the 08/30/22 edition of Form G-325A, a form used to provide biographic information when submitting a request for deferred action for certain military service members and their family members, or non-military deferred action (other than deferred action based on Deferred Action for Childhood Arrivals (DACA), Violence Against Women Act A-3, G-5 nonimmigrants, and T and U nonimmigrant visas). Until then, applicants can use the 04/08/21 and 09/17/19 editions. Applicants can find the edition date at the bottom of the page on the form and instructions.

USCIS is Implementing Third Phase of Premium Processing Expansion for Certain Previously Filed EB-1 and EB-2 Form I-140 Petitions

The USCIS will implement the third phase of the premium processing expansion for certain petitioners who have a pending Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications. Like the previous phases, this phase only applies to certain previously filed Form I-140 petitions under an E13 multinational executive and manager classification or E21 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW). Petitioners who wish to request a premium processing upgrade must file Form I-907. Beginning September 15, 2022, USCIS will accept Form I-907 requests for E13 multinational executive and manager petitions received on or before January 1, 2022; and E21 NIW petitions received on or before February 1, 2022. Requests for these Form I-140 classifications with receipt dates beyond the said dates will be rejected.

Should Undocumented Immigrants Be Eligible for Driver’s License?

Massachusetts voters will decide this November whether to overturn a new law that makes undocumented immigrants eligible for driver’s licenses. The law question is the Work and Family Mobility Act, which provides that those who entered the country illegally will be able to apply for a driver’s license with certain documents, like a foreign passport or consular identification paperwork.

Muriel Bowser Declares Public Health Emergency Over Texas’ Migrant Busing

Washington, D.C. Mayor Muriel Browser has declared a public health emergency in response to Texas’ busing of migrants to Washington. The mayor announced that the city would spend an initial amount of $10 million to create an office to support and help coordinate the arrival of migrants. It can be noted that  It can be noted that a group of House Democrats called on Congress to provide $50 million in federal funding to house and feed migrants bused to northern cities from Texas and Arizona.

Despite Its Benefits, DACA Leaves Dreamers Without a Path to Citizenship

The Biden administration has announced that it is making DACA a federal regulation to try to help protect ‘Dreamers.’ However, it is undeniable that others still want to end the program. Meanwhile, despite its benefits, DACA leaves Dreamers in a state of limbo, with no path to citizenship.  Dreamers don’t live in fear because they are doing something wrong or illegal, but because of the constant threat of racism and discrimination happening to them.

Progressive Groups are Calling on Democrats to Campaign Affirmatively On Immigration

Community Change Action, Mi Familia Vota, SEIU and United We Dream Action, encouraged Democrats to campaign affirmatively on immigration. This is pursuant to their vision of “a future where our society treats immigrants, refugees and asylum seekers with dignity and respect,” wrote the groups in an internal memo reviewed by The Hill. Still, many Democrats see immigration as a risky issue, particularly as Republicans merge border security issues with immigration policy.

Upcoming Court Decisions Could Leave Hundreds of Thousands of ‘Dreamers’ Vulnerable

More than 600,000 current DACA recipients could be forced to leave the country as their authorization period ends. According to analysts, the end of DACA could mean potential deportation for people married to U.S. citizens, men and women with children born in the United States and individuals employed as doctors, nurses, medical researchers, computer specialists and in many other professions. Meanwhile, in an interview with Andrew Pincus, an attorney with Mayer Brown who has argued 30 cases before the U.S. Supreme Court, the latter said that the best case for the more than 600,000 people whose lives depend on DACA would be for Congress to act and eliminate the uncertainty.

August 13-19

USCIS Issued Guidance in the USCIS Policy Manual on How The Agency Determines Eligibility for L-1 Nonimmigrants Seeking Classification As Managers or Executives or Specialized Knowledge Workers

USCIS announced the issuance of comprehensive guidance on eligibility requirements, filing, documentation and evidence, and adjudication of petitions for L nonimmigrant status. This update pertains to Volume 2, Part L, Intracompany Transferees, of the manual. This policy update is to take effect immediately.

International Students: The Answer to Lack of Talent in the U.S.

In a poll of 3,000 conducted by Harvey Nash Group, tech leaders revealed that 67% percent attested to a shortage of tech talent in the U.S. In fact, the Department of Defense itself acknowledged that the country needs to improve upon recruitment and retention of STEM talents to meet the demands of the market. This goes to show that international students could close the STEM talent gap in the U.S considering that nearly half of international students specialize in STEM subjects.

Immigration Could Solve Impending Manpower Shortage in the U.S. Healthcare Sector

According to recent studies, the demand for nurses is expected to rise to 3.3 million overall in the next seven years. Currently, 194,500 open positions for registered nurses are available each year nationwide. With the rapid increase of COVID-19 cases in the U.S., State representatives and government officials should be encouraged to increase the number of available visas and support policies that bring more immigrant nurses into the U.S. to address the situation.

The U.S. Needs to Recruit the Best Talents in the World

A recent survey by the Conference Board found that a majority of 900 U.S. chief executives call the labor shortage their “number one external threat” which has been building for years. With labor shortages driving up wages and inflation, the U.S. needs to jumpstart its economy as soon as possible. Currently, policies supporting recruitment and retention of STEM talents around the world is critically important for the U.S. to sustain its economic edge and maintain its status as a global superpower.

U.S. Visa Bottlenecks Impact on Businesses and Workers

Extreme wait times for visas at embassies and consulates have reached unprecedented levels, creating disruptions for companies and employees seeking to enter the US or visit family in their home countries. Employees are now torn between putting off returning home or potentially finding themselves stuck in their home country for months before they can travel back to the US.