News

The President’s Advisory Commission on Asian Americans, Native Hawaiians, and Pacific Islanders (PACAANHPI) recommends the reduction of wait times for processing green cards from waits of up to ten years to six months. At the core of the issue is the annual national cap on green card applications for certain profiles. The recommendation now moves to President Biden to consider implementing an executive order to enact the recommendation.

The recommendation further suggests that USCIS and the Department of State (DOS) should create public charge policies to help immigrant families once in the U.S. The group suggests access to health and well-being services, and working with community organizations. At this point, this is solely a recommendation. The government is required to establish a policy and related procedures, should they wish to activate the recommendation.

U.S. Citizenship and Immigration Services is implementing premium processing for certain petitioners who have a pending Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications. This expansion of premium processing 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, Request for Premium Processing Service.

The expansion will occur in phases.

The U.S. Supreme Court determined that federal courts may not review factual findings when considering deportation relief requests. The Court was split in their decision that immigration officers’ findings are not to be included when considering requests to stop deportation efforts. The Court considered the case where an Indian national claims they inadvertently checked the American citizen box on a driver’s license application.

A bill proposing immigration courts be separated from the U.S. Department of Justice (DOJ) has passed the House Judiciary Committee. The committee voted 24-12 to make immigration courts independent from the executive branch of government. The vote was along party lines. The bill, Real Courts, Rule of Law Act, now moves to the full U.S. House of Representatives for their consideration.

Removing immigration courts from the executive branch enables greater consistency, per the supporters. As presidents and their policies shift, so does the application of immigration law. Independent immigration courts are thought to provide greater stability. The act is sponsored by Rep. Zoe Lofgren, D-Calif., who authored the bill and serves as the chair of the House Subcommittee on Immigration and Citizenship. Rep. Lofgren believes the political and bureaucratic impact on immigration courts erodes trust in the process.

The current labor shortage and supply chain issues are having an impact on the U.S. economy. Bureau of Labor Statistics employment projections and data on job openings from online job posting sites show high demand for healthcare professionals, transportation, construction, healthcare support, buildings and grounds, manufacturing, and food preparation. Some roles rely more heavily on immigrant workers to fill the needs. As an example, between 19% and 34% of healthcare professionals are immigrants. This is higher than the share of immigrants in the U.S. population, which is an estimated 14.2%. As such, the U.S. relies on immigrants to fill these needs.

Further, healthcare practitioners including surgeons, nurses, and doctors, saw online job postings of 4.9 million in 2021. Immigrants make up 15.6% of all healthcare practitioners.

Foreign science and engineering graduates are suggested to be removed from green card limitations by a group of former national security officials. The group is urging bipartisan lawmakers to remove foreign STEM grads from the green card cap in order to retain global competitiveness.

Nearly 50 former administration officials submitted a letter, addressed to both Republican and Democratic leaders in the U.S. House and Senate. The letter identified specific support for the America Competes Act provision that proposes science, technology, engineering, and math (STEM) grads staying in the U.S. are not limited due to green card caps. They suggest the provision will help retain STEM professionals to support ongoing national security concerns. In addition, the effort will stop these individuals from working for entities outside the U.S. As such, foreign competition may be limited.

Elements of the EB-5 investor visa program are under review. U.S. Citizenship and Immigration Services stated that each regional center must be reauthorized. Current projects cannot move forward until the centers are reauthorized. These centers support the EB-5 program, encouraging foreign investment into the U.S. and streamlining the process of approval.

The EB-5 investor program allows foreign investors to provide needed capital in exchange for a green card. The requirements include a minimum investment of $500,000, a specific number of new jobs created, and other elements. The regional centers support the investors and the companies. Investments that are supported by these centers can count both direct and indirect jobs created to satisfy the new job requirement.

Some legal cases have been brought by various investors based on claims of fraud.

The U.S. Customs and Border Patrol (CBP) is seeing higher entrance levels at U.S. ports of entry. As such, wait times have increased. To combat a growing wait time, CBP recommends individuals who require an I-94, Arrival-Departure Record Card, submit the application prior to approaching the U.S. land border.

All individuals who are not included in the below groups require a Form I-94:

S. Citizens,
Returning Resident Aliens,
Aliens with Immigrant Visas,
Most Canadian citizens visiting or in transit.

Individuals requiring an I-94 receive the form during the admission process at their selected U.S. port of entry. For individuals arriving at a land border, CBP suggests submitting the I-94 form in advance of arrival. With this approach, wait times can be reduced.

DHS announced the extension of Form I-9 for qualifying individuals. The original flexibility was set to expire on April 20, 2022, and is extended to October 31, 2022. The flexibility applies to employment eligibility documents to complete Section 2 of Form I‑9Form

With the post-pandemic reality of long-term remote or hybrid work, many employees are enjoying increased flexibility in the workplace. This flexibility can create new opportunities. Namely, since there is currently a high demand in the information technology sector, many employees in this field are interested in pursuing a secondary position. While the H-1B program allows for concurrent employment, there are several considerations that must be taken to ensure compliance with all applicable immigration laws. As such, ILBSG has compiled some frequently asked questions regarding concurrent employment below, to help you get the advice you need.