News

The Biden Administration announced its plan to move forward in providing temporary ID cards to undocumented immigrants awaiting their status decision. The pilot program is intended to improve inconsistent paper forms and reduce administrative inefficiencies that agencies are facing.

The White House plans to begin implementing a pilot program, to identify and assist undocumented immigrants, called the “ICE Secure Docket Card” program. Immigrants seeking asylum may be granted temporary ID cards to gain better access to resources as they await their final decisions. If the proposal is successful, immigrants will be able to receive healthcare, housing, and transportation.

Recently, USCIS announced that initial Special Immigration Visa (SIV) classifications will now be processed by the Department of State, rather than the USCIS. In addition, USCIS announced its Policy Manual will be amended, to expand eligibility requirements for Afghan and Iraqi SIVs.

Prior to the announced policy changes, Afghan SIV applicants who were already in the United States were required to fulfill a three-step process. The process began with an Afghan SIV applicant applying for “Chief of Mission (COM) approval from the Department of State. Upon approval, an I-360 would be filed through the USCIS. The process would conclude with an I-485 Application to Adjust Status through the USCIS, in order to receive a green card.

Under the requirements for the O-1A nonimmigrant visa category, the beneficiary is eligible for the O-1A visa provided they have extraordinary ability in the sciences, education, business, or athletics. These must be demonstrated by sustained national or international acclaim. Holders must seek to enter the United States to continue work in the area of extraordinary ability. As a part of the application process, the beneficiary is required to submit evidentiary proof of their eligibility. The USCIS has laid down extensive examples of evidence and relevant considerations. Here, we review these examples.

A bill introduced in the Senate proposes that employment-based visas should be granted based on merit and skill requirements. The bill, the Equal Access to Green Cards for Legal Employment Act of 2022 (EAGLE Act), focuses on a skills-based approach for employment-based visas and supports the reduction of immigration backlogs by slowly eliminating the per-country cap over a nine-year period.

Congress currently has the power to update cut-off date restrictions for the U.S. registry law which is used to determine when immigrants may be eligible to apply for permanent resident cards. While a specific cut-off date has not yet been determined, House Democrats are proposing eligibility for applicants who have lived in the United States for at least seven years. If the legislation is passed, nearly 8 million documented and undocumented immigrants would have a path to citizenship.

A Texas federal court order blocked the Biden administration’s immigration enforcement policy that prioritizes the removal of certain immigrants. They cite that such “disruptive” relief has not been justified. In response, the Biden administration filed an emergency application with the Supreme Court to shut down this order.

The Biden administration referenced a decision by the Sixth Circuit that found immigration officers still have control over removal and detention actions. However, the guidance does limit their ability to pursue action against certain immigrants. This decision lifted an Ohio federal judge’s ruling to partially block this guidance from the White House.

A lawsuit has been filed against U.S. Citizenship and Immigration Service (USCIS) over excessive delays in reviewing an EB-5 submission. The EB-5 program is going through some challenges this year. In March, USCIS announced that regional centers could no longer process applications. All centers would be required to complete reauthorization. However, in June, a federal judge confirmed centers should continue to operate while legal actions regarding the change are processed.

On July 13, 2022, Christian Bruckner filed a federal lawsuit in the U.S. District Court for the Middle District of Florida, for discrimination against a bill that the Biden Administration recently enacted.

Bruckner, a disabled Florida business owner, filed a suit concerning a $1.2 trillion Infrastructure Investment and Jobs Act, which was signed into law in November 2021. The Act provides $370 billion for roads, bridges, and other transportation projects. However, the Act requires that 10% of the budget be allocated for “small, disadvantaged business contractors.” Under federal regulations, “socially disadvantaged” groups refer to Black, Hispanic, Native, and Asian American demographics, as well as women.

U.S. Citizenship and Immigration Services (USCIS) released tips on how to manage medicals for employment-based adjustment of status applicants to make processing efficient. Specific guidelines are offered to ensure medicals are managed proactively to ensure streamlined processing for eligible individuals.

This year, a record-high number of employment-based green cards are available to applicants. The United States Citizenship and Immigration Services (USCIS) is confident that they will issue all available visas before the end of the fiscal year. Last year, USCIS was hindered by backlogs and an increase in work visa petitions, so many green cards went to waste. 

A major difference between temporary work visas, like H-1B, and green cards is that green card holders can switch employers freely without losing their immigration status. The new increase in available green cards means that immigrants caught up in processing backlogs and per-country visa caps have higher hopes of obtaining permanent residence in the United States.