<?xml version="1.0" encoding="UTF-8"?><rss version="2.0" xmlns:content="http://purl.org/rss/1.0/modules/content/" xmlns:wfw="http://wellformedweb.org/CommentAPI/" xmlns:dc="http://purl.org/dc/elements/1.1/" xmlns:atom="http://www.w3.org/2005/Atom" xmlns:sy="http://purl.org/rss/1.0/modules/syndication/" xmlns:slash="http://purl.org/rss/1.0/modules/slash/" > <channel> <title>Immigration Policy Archives - International Legal and Business Services Group</title> <atom:link href="https://bizlegalservices.com/tag/immigration-policy/feed/" rel="self" type="application/rss+xml" /> <link>https://bizlegalservices.com/tag/immigration-policy/</link> <description>Get the Right Advice</description> <lastBuildDate>Mon, 18 Nov 2024 22:05:34 +0000</lastBuildDate> <language>en-US</language> <sy:updatePeriod> hourly </sy:updatePeriod> <sy:updateFrequency> 1 </sy:updateFrequency> <generator>https://wordpress.org/?v=6.7.1</generator> <image> <url>https://bizlegalservices.com/wp-content/uploads/2020/04/cropped-ILBSG-Fevicon-3-32x32.png</url> <title>Immigration Policy Archives - International Legal and Business Services Group</title> <link>https://bizlegalservices.com/tag/immigration-policy/</link> <width>32</width> <height>32</height> </image> <item> <title>Biden’s Options To Strengthen U.S. Immigration Policy</title> <link>https://bizlegalservices.com/2024/11/18/bidens-options-to-strengthen-u-s-immigration-policy/?utm_source=rss&utm_medium=rss&utm_campaign=bidens-options-to-strengthen-u-s-immigration-policy</link> <dc:creator><![CDATA[Admin]]></dc:creator> <pubDate>Mon, 18 Nov 2024 21:53:01 +0000</pubDate> <category><![CDATA[News]]></category> <category><![CDATA[biden immigration]]></category> <category><![CDATA[Immigration Policy]]></category> <guid isPermaLink="false">https://bizlegalservices.com/?p=123360</guid> <description><![CDATA[<p>Before the end of his Presidential term, the Biden administration has an opportunity to strengthen U.S. immigration policy. Among the options are finalizing proposed rules prior to leaving office. Among them, is the cap gap, and making permanent the extension of work authorization for renewals. </p> <p>The post <a href="https://bizlegalservices.com/2024/11/18/bidens-options-to-strengthen-u-s-immigration-policy/">Biden’s Options To Strengthen U.S. Immigration Policy</a> appeared first on <a href="https://bizlegalservices.com">International Legal and Business Services Group</a>.</p> ]]></description> <content:encoded><![CDATA[<p>President Biden has some opportunities to take action to safeguard potential changes to U.S. immigration programs. Among the options are the extension of work permits for renewals and finalizing proposed changes to the H-1B visa program. Finalizing existing proposed immigration policy would need to be introduced quickly to protect these benefits from future potential changes.</p> <p>Currently, there is a proposed rule modernizing the H-1B temporary visa program for specialty occupations. The extension of automatic work authorization is a proposed rule now but could be made permanent. There are some outstanding proposed rules that could be rescinded, some of which were proposed in Trump’s first presidency.</p> <p>One outstanding proposed rule is limiting when immigration judges can postpone hearing and filing dates. Under this rule, judges must show a particular and justifiable need for the postponement. Continuance of matters would be barred if a noncitizen is unlikely to gain immigration relief, or if the postponement would not impact the likely outcome of the case. As a result, cases could be closed prematurely.</p> <p>A second group of proposed rules from the previous H-1B modernization policy could be withdrawn or submitted separately. Among them are the ‘cap gap’, deference of decisions, and expanding the availability of the cap exemption for nonprofit and governmental research organizations. Submitted as a group, passing the proposed rules is unlikely prior to the end of Biden’s administration. However, if submitted separately, some could be finalized.</p> <p>Students studying at qualifying U.S. universities with an F-1 visa often have a gap between their student visa expiration and the approval of an employment-based visa. This proposed rule automatically extends the visa to <a href="https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations/extension-of-post-completion-optional-practical-training-opt-and-f-1-status-for-eligible-students" target="_blank" rel="noopener">cover the gap</a> in time. This is one element that could be finalized independently.</p> <p>Deference is another element of the proposed rule. In this rule, adjudicators would be required to follow previous case results where the underlying facts of the case are the same. Therefore, if a previous case with the same underlying facts was approved, the similar case should also be approved. This proposed rule has wide acceptance.</p> <p>A temporary rule issued in April 2024 automatically extends work authorization for <a href="https://www.uscis.gov/eadautoextend" target="_blank" rel="noopener">renewals</a> for qualifying individuals from 180 days to 540 days. This rule directly addresses the backlog and processing delays. Under the incoming administration, further delays are like, based on Trump’s previous administration. An estimated 800,000 individuals could be at risk of losing their employment authorization, given the growing backlog of renewal submission. This rule is set to expire October 15, 2025.</p> <p>As always, ILBSG actively monitors ongoing news as it relates to U.S. immigration policy. If you have questions about any U.S. immigration issue, <a href="https://bizlegalservices.com/contact/">contact us</a>. We work with our clients to ensure they get the right advice.</p> <p>The post <a href="https://bizlegalservices.com/2024/11/18/bidens-options-to-strengthen-u-s-immigration-policy/">Biden’s Options To Strengthen U.S. Immigration Policy</a> appeared first on <a href="https://bizlegalservices.com">International Legal and Business Services Group</a>.</p> ]]></content:encoded> </item> <item> <title>Draft Immigration Bill Including Foreign Funding Revealed</title> <link>https://bizlegalservices.com/2024/02/06/draft-immigration-bill/?utm_source=rss&utm_medium=rss&utm_campaign=draft-immigration-bill</link> <dc:creator><![CDATA[Admin]]></dc:creator> <pubDate>Tue, 06 Feb 2024 21:29:10 +0000</pubDate> <category><![CDATA[News]]></category> <category><![CDATA[Immigration Policy]]></category> <guid isPermaLink="false">https://bizlegalservices.com/?p=122498</guid> <description><![CDATA[<p>The bipartisan draft immigration bill is now public. The bill includes funding for Ukraine and others. However, a group of House Republican leadership members reject the proposal outright.</p> <p>The post <a href="https://bizlegalservices.com/2024/02/06/draft-immigration-bill/">Draft Immigration Bill Including Foreign Funding Revealed</a> appeared first on <a href="https://bizlegalservices.com">International Legal and Business Services Group</a>.</p> ]]></description> <content:encoded><![CDATA[<p>The bipartisan $118 billion draft immigration bill that increases U.S.- Mexico border security and provides wartime support for Israel, Ukraine, and others is released. Although the bill faces an uphill battle, a test vote on the proposal is expected this week. President Biden is urging Congress to pass the legislation to address ongoing issues with immigration. However, House Republican leadership opposes the immigration bill, suggesting the current form of the bill is not worth reviewing. They encourage the Senate to reject the bill.</p> <p>UPDATE: The bill has failed and is no longer being pursued.</p> <h4>Immigration Policy Update</h4> <p>As previously reported, two elements of immigration reform include a new emergency authority to shut down the border under certain circumstances, and the reform of the asylum program.</p> <p>Under the proposal, the Department of Homeland Security would have the option to shut down the border under certain circumstances. If 4,000 or more migrants are encountered daily, on average, over seven days, the border can be closed. If a seven-day average meets 5,000, or any individual day sees 8,500 or more migrants, the border can be closed. The maximum number of days a year the border can be closed is 270 in the first year. The president would also be given the power to suspend a border-closing up to 45 days a year, if it’s in the national interest.</p> <p>If the border is closed, a minimum of 1,400 migrants who enter the U.S. through legal ports of entry must be processed. Only unaccompanied minors would still be able to cross the border between ports of entry during a border shut down. Any individual who tries to enter the U.S. without a legal basis two or more times during a border emergency shutdown would be barred from the U.S. for one year.</p> <p>Migrants who enter the U.S. through legal ports of entry would be eligible to stay in the U.S. for 90 days under federal supervision to complete asylum interviews. Those who pass the interview process would receive work authorization as they await their final determination. Individuals who are not granted asylum would be removed from the U.S. and returned to their home country or to Mexico. Individuals who enter the U.S. outside of official ports would be detained, pending asylum claims. Individuals not granted asylum would be removed.</p> <p>The standard to qualify for asylum would also be raised. The “credible fear” standard will be more difficult to reach, primarily by moving consideration of some elements earlier in the process. Among the elements are the migrant’s criminal history, if they lived safely in third countries before crossing into the U.S., and if they can safely relocate within their home countries.</p> <p>The proposed bill does not address the Deferred Action for Childhood Arrivals (DACA) program. Children of H-1B visas would qualify for employment authorization and freeze their legal ages while they wait for green cards, removing the risk of deportation when reaching adult age. Further, their children would qualify for work authorizations. Qualifying individuals from Afghanistan would also be offered a path to conditional, lawful, permanent residency. Finally, U.S. Citizenship and Immigration Services (USCIS) would be given the option to hire new individuals to address staffing needs.</p> <h4>Foreign Funding</h4> <p>Funding for foreign countries is included in the proposed bill. Over $60 billion in funding is proposed for Ukraine. $14 billion is proposed for Israel. $10 billion is proposed for humanitarian assistance to Gaza and the West Bank.</p> <p>The outlook for the bill is <a href="https://www.cbsnews.com/news/senate-border-deal-immigration/" target="_blank" rel="noopener">decidedly uncertain</a>.</p> <p>As always, ILBSG actively monitors ongoing updates to U.S. immigration policy. If you have questions about any U.S. immigration issue, <a href="https://bizlegalservices.com/contact/">contact us</a>. Our team of experienced attorneys work directly with clients to ensure they get the right advice.</p> <p>The post <a href="https://bizlegalservices.com/2024/02/06/draft-immigration-bill/">Draft Immigration Bill Including Foreign Funding Revealed</a> appeared first on <a href="https://bizlegalservices.com">International Legal and Business Services Group</a>.</p> ]]></content:encoded> </item> <item> <title>Immigration Bill to be Revealed Soon with Voting Next Week</title> <link>https://bizlegalservices.com/2024/02/02/immigration-bill-to-be-revealed-soon-with-voting-next-week/?utm_source=rss&utm_medium=rss&utm_campaign=immigration-bill-to-be-revealed-soon-with-voting-next-week</link> <dc:creator><![CDATA[Admin]]></dc:creator> <pubDate>Fri, 02 Feb 2024 17:14:38 +0000</pubDate> <category><![CDATA[News]]></category> <category><![CDATA[Immigration Policy]]></category> <guid isPermaLink="false">https://bizlegalservices.com/?p=122490</guid> <description><![CDATA[<p>A group of senators stated a tentative U.S. immigration and asylum deal has been reached. Funding for Ukraine, Israel, and Gaza refugees is included in the bill.</p> <p>The post <a href="https://bizlegalservices.com/2024/02/02/immigration-bill-to-be-revealed-soon-with-voting-next-week/">Immigration Bill to be Revealed Soon with Voting Next Week</a> appeared first on <a href="https://bizlegalservices.com">International Legal and Business Services Group</a>.</p> ]]></description> <content:encoded><![CDATA[<p>A group of senators stated a tentative U.S. asylum and immigration bill has been reached. The text is expected to be made public in the coming days. Funding for Ukraine, Israel, and Gaza refugees is included in the bill. Voting is expected to begin the week of February 5, 2024. With the 2024 Presidential election, immigration is expected to be a key topic. However, the bill faces uncertainty in the Senate.</p> <p>The immigration bill focuses on addressing issues at the southern U.S. border, using three strategies for <a href="https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum" target="_blank" rel="noopener">asylum seekers</a>. First, asylum options will be limited. Second, the standard to qualify for asylum would be raised. Finally, processing of claims would be faster, with fewer options for appeal of rejected, and ends the ability for migrants to be released if found to be in the U.S. without a legal basis.</p> <p>Presidential authority to shut down the southern border when illegal crossings reach certain thresholds are expected to be included as well. Among the Executive Office capabilities is a provision to cap the number of days the border could be shut down in any given year.</p> <p>In order to avoid a lengthy filibuster, the bill needs 60 votes in the Senate. Funding to support the new policy is also needed. Voting on the bill could be as soon as the week of February 5, 2024.</p> <p>As always, ILBSG actively monitors ongoing updates to U.S. immigration policy. If you have questions about any immigration-related issue, <a href="https://bizlegalservices.com/contact/">contact us</a>. Our team of attorneys work directly with clients to ensure they get the right advice for their particular situation.</p> <p>The post <a href="https://bizlegalservices.com/2024/02/02/immigration-bill-to-be-revealed-soon-with-voting-next-week/">Immigration Bill to be Revealed Soon with Voting Next Week</a> appeared first on <a href="https://bizlegalservices.com">International Legal and Business Services Group</a>.</p> ]]></content:encoded> </item> <item> <title>Biden and Bipartisan Senators Reportedly Close to Immigration Agreement</title> <link>https://bizlegalservices.com/2024/01/30/biden-and-bipartisan-senators-reportedly-close-to-immigration-agreement/?utm_source=rss&utm_medium=rss&utm_campaign=biden-and-bipartisan-senators-reportedly-close-to-immigration-agreement</link> <dc:creator><![CDATA[Admin]]></dc:creator> <pubDate>Tue, 30 Jan 2024 02:37:31 +0000</pubDate> <category><![CDATA[News]]></category> <category><![CDATA[biden immigration policy]]></category> <category><![CDATA[Immigration Policy]]></category> <guid isPermaLink="false">https://bizlegalservices.com/?p=122478</guid> <description><![CDATA[<p>President Biden and a group of bipartisan senators are reportedly close to an immigration policy agreement and if it proceeds, would be the first bipartisan immigration overhaul since the 1990s.</p> <p>The post <a href="https://bizlegalservices.com/2024/01/30/biden-and-bipartisan-senators-reportedly-close-to-immigration-agreement/">Biden and Bipartisan Senators Reportedly Close to Immigration Agreement</a> appeared first on <a href="https://bizlegalservices.com">International Legal and Business Services Group</a>.</p> ]]></description> <content:encoded><![CDATA[<p>President Biden and a group of bipartisan senators are reportedly close to an immigration policy agreement. The new policy could be made public the week of January 29, 2024. If enacted, the potential agreement will be the first major bipartisan overhaul of U.S. immigration since the 1990s. However, the agreement may face a difficult road in Congress.</p> <p>The agreement is expected to give the President a new legal authority to suspend <a href="https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum" target="_blank" rel="noopener">asylum</a> when crossings at the U.S. – Mexico border reach specific levels. Individuals crossing into the U.S. between ports of entry who then surrender to federal agents requesting asylum would be removed to Mexico or their home country, with some exception for those who qualify for various humanitarian refugee options. Current U.S. policy states individuals who are on U.S. soil are allowed to request asylum, even if they are in the U.S. without a legal basis.</p> <p>There are reported requirements for the President to ‘shut down the border.’ If average daily illegal crossings reach 5,000 over seven days, or any single day hits 8,500 or more, the policy can be activated. The President would also have the ability to activate the policy at their discretion if average daily crossings exceed 4,000 in a week. Finally, a limit on the number of days per year the president can activate the option would be included.</p> <p>The process of claiming asylum at official ports of entry are not expected to change.</p> <p>Other potential updates include:</p> <ul> <li>Increasing the scope of expedited removal policy,</li> <li>Deciding asylum cases within six months,</li> <li>Requiring a higher standard of proof during initial asylum interviews</li> </ul> <p>Individuals who pass the initial asylum screening will be granted employment authorization upon entry as well. Another proposal is to offer legal support to asylum-seekers.</p> <p>The immigration parole program remains an area of controversy. Over 1 million migrants and refugees have come to the U.S. under the program during the Biden administration. Based on reports, the program will continue, giving qualifying U.S.-based individuals the ability to sponsor individuals from certain countries.</p> <p>There is no path to citizenship for the 11 million immigrants living in the U.S. without a legal basis, including those included under the DACA program.</p> <p>A total of 50,000 new employment and family-based immigrant visas would also be made available. Children of H-1B visa holders would also gain immigration status.</p> <p>A request of $14 Billion from the White House is reportedly required to support the proposed policy.</p> <p>As always, ILBSG actively monitors updates on U.S. immigration policy. If you have questions about any immigration-related issue, <a href="https://bizlegalservices.com/contact/">contact us</a>. Our team of experienced attorneys work directly with clients to ensure they get the right advice.</p> <p>The post <a href="https://bizlegalservices.com/2024/01/30/biden-and-bipartisan-senators-reportedly-close-to-immigration-agreement/">Biden and Bipartisan Senators Reportedly Close to Immigration Agreement</a> appeared first on <a href="https://bizlegalservices.com">International Legal and Business Services Group</a>.</p> ]]></content:encoded> </item> <item> <title>Federal Government Challenges Migrant Policy Denial</title> <link>https://bizlegalservices.com/2024/01/29/migrant-policy-denial/?utm_source=rss&utm_medium=rss&utm_campaign=migrant-policy-denial</link> <dc:creator><![CDATA[Admin]]></dc:creator> <pubDate>Mon, 29 Jan 2024 16:36:03 +0000</pubDate> <category><![CDATA[News]]></category> <category><![CDATA[Immigration Policy]]></category> <category><![CDATA[Migrant]]></category> <guid isPermaLink="false">https://bizlegalservices.com/?p=122482</guid> <description><![CDATA[<p>The federal government is challenging a policy denial that allowed individuals to be released rather than waiting for deportation, known as parole, on a broad basis rather than at the individual case level.</p> <p>The post <a href="https://bizlegalservices.com/2024/01/29/migrant-policy-denial/">Federal Government Challenges Migrant Policy Denial</a> appeared first on <a href="https://bizlegalservices.com">International Legal and Business Services Group</a>.</p> ]]></description> <content:encoded><![CDATA[<p>A U.S. court of appeals is reconsidering a <a href="https://www.reuters.com/legal/bidens-catch-release-border-policy-struck-down-by-us-judge-2023-03-08/" target="_blank" rel="noopener">March 2023</a> federal judge decision that found a Biden administration migrant policy in violation of U.S. immigration law. The policy allows for individuals to be released rather than waiting for deportation proceedings, known as parole, on a broad basis rather than at the individual case level. In June 2023, the 11th Circuit court refused to stay the ruling, pending an appeal from the Biden administration.</p> <p>The state of Florida challenged the policy in 2021, citing an increase in costs due to non-citizen children enrolling in public schools after the Biden migrant policy was enacted. Further, Florida claimed the parole policy represented a legislative rule under the federal Administration Procedure Act (APA) as it did not fulfill the DHS requirement of a public comment period, among other elements.</p> <p>The appeals court is seemingly divided over the ruling, citing the legal basis for the Florida challenge. Per one appeals court judge, Florida did not provide proof that the parole recipients were using state services and that as a result, there was a net cost to Florida. A different judge stated there is likely some impact to the state. There was little discussion over the legal-basis challenge.</p> <p>A June 2023 Supreme Court ruling found that states do not have a legal basis to challenge federal immigration law based on public cost. The federal government cites this ruling in their challenge to the appeals court.</p> <p>ILBSG actively monitors ongoing updates to U.S.-immigration policy. As always, <a href="https://bizlegalservices.com/contact/">contact us</a> if you have questions about an immigration-related issue.</p> <p>The post <a href="https://bizlegalservices.com/2024/01/29/migrant-policy-denial/">Federal Government Challenges Migrant Policy Denial</a> appeared first on <a href="https://bizlegalservices.com">International Legal and Business Services Group</a>.</p> ]]></content:encoded> </item> <item> <title>Immigration: 2023 Year End Review and 2024 Outlook</title> <link>https://bizlegalservices.com/2024/01/02/immigration-in-2023-year-end-review-and-outlook-for-2024/?utm_source=rss&utm_medium=rss&utm_campaign=immigration-in-2023-year-end-review-and-outlook-for-2024</link> <dc:creator><![CDATA[Admin]]></dc:creator> <pubDate>Tue, 02 Jan 2024 17:24:39 +0000</pubDate> <category><![CDATA[News]]></category> <category><![CDATA[2024 Immigration Outlook]]></category> <category><![CDATA[Immigration Policy]]></category> <guid isPermaLink="false">https://bizlegalservices.com/?p=122391</guid> <description><![CDATA[<p>We take a moment to look back at 2023 and head to 2024 for U.S. immigration. With 2024 being an election year, we anticipate immigration being a key topic. </p> <p>The post <a href="https://bizlegalservices.com/2024/01/02/immigration-in-2023-year-end-review-and-outlook-for-2024/">Immigration: 2023 Year End Review and 2024 Outlook</a> appeared first on <a href="https://bizlegalservices.com">International Legal and Business Services Group</a>.</p> ]]></description> <content:encoded><![CDATA[<p>In 2023, U.S. immigration experienced notable policy changes and shifts in adjudicatory patterns, as USCIS focused on increasing efficiency and providing relief where possible to combat substantial backlogs in our immigration system. Almost all areas of immigration were impacted by these changes – there were new policies, court rulings, and proposed rules in both employment-based and family-based immigration, as well as areas of humanitarian concern. As we consider the immigration outlook for 2024, it’s worth reflecting on how the immigration landscape evolved over the last year, with an eye on the future and what we can expect in the coming year.</p> <h3><strong><u>Reflection: 2023 in Review</u></strong></h3> <h4><strong><em>H-1B Processing</em></strong></h4> <p>In March 2023, USCIS received a record-breaking <a href="https://bizlegalservices.com/2023/04/28/fy-2024-h-1b-cap-update-uscis-releases-data-confirms-emphasis-on-multiple-registrations/">781,000 registrations</a> for the 85,000 H-1B visas available (65,000 bachelor’s cap, with an additional 20,000 set aside for those who hold a U.S. master’s degree or higher). 408,000 of those registrations belonged to 96,000 individuals, which raised a red flag for USCIS that the current registration system allows for abuse. In the aftermath, USCIS issued a stark warning that it would pursue criminal prosecution for those who fraudulently schemed to gain an unfair advantage by submitting multiple registration on behalf of the same individual. USCIS targeted companies, whether legally related or not, who had significant overlap between their registrations for the same individuals. Understandably, this created a lot of fear, and many people were hesitant to file H-1B petitions if they had registered through more than one company, even where the opportunities were completely independent and distinct.</p> <p>Nonetheless, at ILBGS, the outcomes of the FY 2024 H-1B cap remained largely unchanged and, in some ways, more favorable. Despite USCIS’ warnings, most petitions were unaffected and adjudicated to a favorable decision. USCIS targeted only those participating in a clearly fraudulent scheme, not individuals who legitimately had more than one job offer, which is fully allowed for under the Final Rule.</p> <p>Looking at a representative sample size of 150 cases filed in the FY 2024 cap, 118 have been straight approved as of December 29, which comes out to 79%. This means there was no RFE or further inquiry from USCIS and the case was approved directly. 100 of the cases were filed in the first round, with 89 approved so far, for 89%. The remaining 50 were filed in the second round, which only recently closed, with 29 straight approved so far. An additional 8 cases were approved after RFE, meaning 84% of the FY 2024 cap cases have been approved to date. The rest remain pending with USCIS.</p> <p>In<a href="https://bizlegalservices.com/2022/11/30/fy-2023-h-1b-cap-in-review-what-we-learned-in-2022-and-expectations-going-forward/"> 2022</a>, ILBSG experienced a 71% straight approval ratings, meaning that that 2023 has been even more favorable that past years, despite USCIS’ warnings, with straight approval ratings between 79-89% in the first and second rounds. While overall selection rates were lower due to the high number of registrations received by USCIS, the cases selected and ultimately filed with USCIS received overwhelming positive results.</p> <h4><strong><em>Concurrent Adjudication for Dependents & Elimination of Biometrics</em></strong></h4> <p>Following a settlement in <em>Edakunni v. Mayorka</em>s, USCIS resumed <a href="https://bizlegalservices.com/2023/01/23/uscis-to-reinstate-concurrent-processing-for-h-1b-and-l-1-derivative-applications-including-h-4-eads/">concurrent adjudication</a> for H-4 and L-2 dependents, allowing these applications to be “bundled” with the principal applicant’s case and decided at the same time. Now if H-4 and H-4 EAD applications are filed concurrently with an H-1B petition, all three will be approved at the same time, whether filed in regular processing or premium processing. This provided much needed relief for dependent visa holders, particularly since H-4 EAD processing times have been historically very long. Since premium processing is not yet available for H-4 EADs, allowing these applications to be submitted with the H-1B principal’s petition and adjudicated at the same time was a major victory for those impacted.</p> <p>To facilitate concurrent adjudication, USCIS also eliminated the $85 biometrics service fee and appointments for all Form I-539 applications, alleviating delays caused by these requirements.</p> <h4><strong><em>PERM</em></strong></h4> <p>In 2023, Prevailing Wage Determination (PWD) processing times were extraordinarily long, creating much frustration in this area. Because the PWD is the first step in the PERM process, these delays slowed down PERM processing overall and caused major frustration for those up against the clock with their H-1B six year maximum coming to an end.</p> <p>In June 2023, the DOL implemented a new Form ETA 9089 through the Foreign Labor Application Gateway (FLAG) system. The changes in the ETA 9089 form and move to the FLAG system marked a significant change to PERM processing, but so far it is not clear whether this change will streamline the process and result in less delays. On average, in 2023, PWD processing times hovered around 6-8 months and PERM processing averaged 11-14 months.</p> <h4><strong><em>Green Card Processing</em></strong></h4> <p>Green Card processing continued to experience delays, particularly on the employment-based side. During the Covid-19 pandemic, consulate closures temporarily halted the processing of family-based cases and those unused visa numbers spilled over to the employment-based side. Now, with less spillover from the family-based side and significant backlogs in most preference categories, employment-based green card processing is heavily impacted. Particularly for those from countries with historically high levels of immigration, such as India and China, the wait times for a green card are extraordinarily long. The employment-based green card backlog reached a new record of <a href="https://www.cato.org/blog/18-million-employment-based-green-card-backlog">1.8 million</a> cases this year, on top of the 8.3 million case backlog for the family-based side. These backlogs have understandably caused tremendous frustration and uncertainty for those affected.</p> <h4><strong><em>EAD Extensions</em></strong></h4> <p>In recognition of the lengthy green card processing times, USCIS announced in September 2023 that it would extend the validity of initial and renewal EADS to five years for those with pending I-485 applications. In December 2023, USCIS confirmed it would also approve Advance Parole applications for five years.</p> <h4><strong><em>Child Status Protection Act Policy Change </em></strong></h4> <p>In February 2023, USCIS issued <a href="https://bizlegalservices.com/2023/02/14/breaking-news-uscis-reinterprets-child-status-protection-act-freezes-age-based-on-dates-of-filing-chart/">updated guidance </a>regarding when an immigrant visa number “becomes available” for the purpose of calculating the noncitizen’s age under the Child Status Protection Act. Previously, USCIS considered a child’s age “frozen” if a visa number was available under the Final Action Date Chart of the Visa Bulletin at the time the I-485 application was filed or, <a href="https://bizlegalservices.com/2023/02/17/recently-revised-cspa-policy-impact-on-consular-processing-cases/">in the consular context</a>, at the time an immigrant visa was sought through the Department of State. Under <a href="https://bizlegalservices.com/2023/02/14/breaking-news-uscis-reinterprets-child-status-protection-act-freezes-age-based-on-dates-of-filing-chart/">the revised policy</a>, USCIS now determines visa availability using the Dates for Filing chart, when applicable. This policy update provided desperately needed relief for those at risk of aging out due to lengthy processing times and persistent visa backlogs.</p> <h4><strong><em>F-1 Policy Change</em></strong></h4> <p>In December 2023, USCIS updated its guidance for <a href="https://bizlegalservices.com/2023/12/21/significant-change-to-students-pursuing-green-card/">F and M students</a>, consolidating various rules in an effort to provide clarity and transparency for students. Notably, the new directive allows F-1 and M-1 students to pursue permanent residency, as long as they have foreign residence which they presently have no intention of abandoning. In other words, international students can pursue a pathway to eventual permanent residence without impacting their current nonimmigrant visa status. This announcement represented a positive shift in immigration policy for students.</p> <h3><strong><u>What’s Ahead: Immigration Outlook for 2024</u></strong></h3> <p>In 2024, more changes are on the horizon. We can expect continued efforts from USCIS aimed at increasing efficiency and improving processing times, additional policy changes to combat fraud, and further rulemaking looking to modernize our immigration system. Some of the most anticipated changes in the immigration outlook for 2024 are outlined below:</p> <h4><strong><em>Pilot Program for Stateside Visa Renewals</em></strong></h4> <p>In December 2023, the U.S. Department of State (DOS) confirmed it will process domestic visa renewals for certain H-1B visa applicants as part of a pilot program. Beginning the week of January 29, 2024, the DOS will launch the program for approximately 20,000 <a href="https://bizlegalservices.com/2023/12/21/domestic-h-1b-visa-renewal-program/">eligible participants</a>, who will be able to renew their visa stamps in the U.S. without having to travel abroad or apply at a U.S. consulate overseas. The program will run from January 29, 2024 – April 1, 2024.</p> <h4><strong><em>H-1B Modernization + Registration Changes</em></strong></h4> <p>In October 2023, the Department of Homeland Security (DHS) published a notice of proposed rulemaking to amend various parts of the H-1B program. The public comment period closed on December 22, 2023, so DHS will now finalize the updates through one or more final rules. It is possible the new H-1B provision will be in effect before the upcoming FY 2025 H-1B season.</p> <p>Under the proposed rule, the <a href="https://bizlegalservices.com/2023/10/20/h-1b-proposed-rule-details-published-in-federal-register/">H-1B lottery selection process</a> will change, focusing on the unique beneficiaries rather than unique registrations. This means that no matter how many companies submit registrations for a given beneficiary, the beneficiary will only be entered in the selection process once. If selected, each company that submitted a registration on that beneficiary’s behalf would be notified of the selection and eligible to file a petition. By selecting a unique beneficiary, rather than a unique registration, DHS will ensure that all registered beneficiaries have the same chance of being selected and nobody can unfairly increase their chances.</p> <p>The rule also aims to extend authorized employment under cap gap. Currently, cap gap is only available until October 1 of the fiscal year for which H-1B status is being requested. Under the proposed rule, employment authorization under cap gap would be available until April 1 of the fiscal year, providing employers and employees greater flexibility while the H-1B petition is pending.</p> <p>Additional changes include expanding eligibility for cap exemption, eliminating the itinerary requirement for H-1B petitions, codifying the existing policy of providing deference for extension only cases, amending the definition and criteria for specialty occupation, and clarifying the existing policy for when an H-1B amendment petition is required. We can expect the rule will be published early in 2024, ushering in a new landscape for H-1B petitioners and beneficiaries alike.</p> <h3><strong><u>Conclusion</u></strong></h3> <p>As we leave 2023 behind and enter 2024, we can expect more changes in immigration, an ever-evolving area of U.S. law. We are entering an election year, meaning immigration issues will again be front and center in the media and a major focus for most Americans. Hopefully, we will continue to move towards a more streamlined immigration system with fairer processes, more transparent requirements, and far less uncertainty. As the U.S. government and immigration agencies work to modernize our immigration system and combat existing backlogs, ILBSG will be here to guide you along the way. <a href="https://bizlegalservices.com/contact/">Contact</a> us at any time if you have questions about any U.S. immigration-related issue and how to take a proactive approach to the immigration outlook for 2024.</p> <p>The post <a href="https://bizlegalservices.com/2024/01/02/immigration-in-2023-year-end-review-and-outlook-for-2024/">Immigration: 2023 Year End Review and 2024 Outlook</a> appeared first on <a href="https://bizlegalservices.com">International Legal and Business Services Group</a>.</p> ]]></content:encoded> </item> <item> <title>Foreign Funding Likely to Include Immigration Updates</title> <link>https://bizlegalservices.com/2023/11/28/immigration-updates/?utm_source=rss&utm_medium=rss&utm_campaign=immigration-updates</link> <dc:creator><![CDATA[Admin]]></dc:creator> <pubDate>Tue, 28 Nov 2023 20:36:34 +0000</pubDate> <category><![CDATA[News]]></category> <category><![CDATA[Federal Funding]]></category> <category><![CDATA[Immigration Policy]]></category> <guid isPermaLink="false">https://bizlegalservices.com/?p=122310</guid> <description><![CDATA[<p>Congress is working on brokering an agreement on legislation to provide funding to Israel, Ukraine, and the Indo-Pacific before the Christmas break. As part of those negotiations, immigration policies are being discussed and will likely be part of the final proposal.</p> <p>The post <a href="https://bizlegalservices.com/2023/11/28/immigration-updates/">Foreign Funding Likely to Include Immigration Updates</a> appeared first on <a href="https://bizlegalservices.com">International Legal and Business Services Group</a>.</p> ]]></description> <content:encoded><![CDATA[<p>Congress is working on brokering an agreement on legislation to provide funding to Israel, Ukraine, and the Indo-Pacific before the Christmas break. As part of those negotiations, immigration policies are being discussed and will likely be part of the final proposal.</p> <p>Republicans are demanding several updates to current policy, including tougher border security requirements and a stricter approach to asylum in order to support the additional funding. Democrats are open to some of the recommendations but are less open to adjustments to the parole process. In general, the ongoing disagreements over immigration policy between the Republican and Democratic parties continue to be a roadblock to advancing most legislation.</p> <p>While some suggest Deferred Action for Childhood Arrivals (DACA) updates should be included, it is clear any pathway to citizenship will not be included in this potential bill. Border security will most likely be <a href="https://apnews.com/article/immigration-border-crossings-asylum-ukraine-aid-biden-dba31c3f461e1fa940f9cf00988444f7" target="_blank" rel="noopener">included</a>, as a majority of Republicans state they will not vote the incremental funding into legislation without changes to border security, at a minimum.</p> <p>The bipartisan group of leaders working on developing the legislation stated they are making progress. It is hoped a final proposal will be ready by early next week in order for the proposal to be voted on prior to the Christmas break.</p> <p>As always, ILBSG actively monitors ongoing reviews of immigration policy. Our team of experienced and dedicated attorneys work with our clients in their particular situations back with the most recent knowledge, to ensure they get the right advice. If you have questions about any immigration-related issue, <a href="https://bizlegalservices.com/contact/">contact us</a>.</p> <p>The post <a href="https://bizlegalservices.com/2023/11/28/immigration-updates/">Foreign Funding Likely to Include Immigration Updates</a> appeared first on <a href="https://bizlegalservices.com">International Legal and Business Services Group</a>.</p> ]]></content:encoded> </item> <item> <title>Immigration Policy Included in Federal Funding Debate</title> <link>https://bizlegalservices.com/2023/09/20/immigration-policy-included-in-federal-funding-debate/?utm_source=rss&utm_medium=rss&utm_campaign=immigration-policy-included-in-federal-funding-debate</link> <dc:creator><![CDATA[Admin]]></dc:creator> <pubDate>Wed, 20 Sep 2023 22:04:20 +0000</pubDate> <category><![CDATA[News]]></category> <category><![CDATA[Government Shutdown]]></category> <category><![CDATA[Immigration Policy]]></category> <category><![CDATA[Parole program]]></category> <guid isPermaLink="false">https://bizlegalservices.com/?p=122130</guid> <description><![CDATA[<p>Proposals to fund the U.S. government, set to shut down on September 30, 2023, if a funding agreement is not reached, includes immigration policy elements.</p> <p>The post <a href="https://bizlegalservices.com/2023/09/20/immigration-policy-included-in-federal-funding-debate/">Immigration Policy Included in Federal Funding Debate</a> appeared first on <a href="https://bizlegalservices.com">International Legal and Business Services Group</a>.</p> ]]></description> <content:encoded><![CDATA[<p><span data-contrast="auto">Proposals to fund the U.S. government, set to shut down on September 30, 2023, if a federal funding agreement is not reached, includes immigration policy elements. The Republican party is experiencing a deep divide between the more conservative members and other Republicans. In the House of Representatives, the Republican party holds a small majority. In the Senate, the Democratic party holds the majority. If the House is able to pass any of the required twelve funding appropriations, it is unlikely the Senate will pass them with the hardline policies on immigration.</span><span data-ccp-props="{"134233117":false,"134233118":false,"201341983":0,"335551550":1,"335551620":1,"335559685":0,"335559737":0,"335559738":0,"335559739":160,"335559740":259}"> </span></p> <p><span data-contrast="auto">A Republican group of Congressional members stated they will not approve proposed federal funding if some key items are not included. The list includes elements of a border security bill that was passed by the House earlier this year. Funds to restart the building of the southern border wall and limiting the parole program are included. Other elements address illegal immigration, a demand from the House Freedom Caucus. </span><span data-ccp-props="{"134233117":false,"134233118":false,"201341983":0,"335551550":1,"335551620":1,"335559685":0,"335559737":0,"335559738":0,"335559739":160,"335559740":259}"> </span></p> <p><span data-contrast="auto">To date, Congress has not finalized any of the twelve annual <a href="https://appropriations.house.gov/fy2024-bills" target="_blank" rel="noopener">appropriation bills</a>. House Speaker McCarthy is unable to advance even temporary funding measures to give Congress an additional month to determine the full budget for the next fiscal year. A group of conservative Republicans stated they will not vote through any recommendations that exceed the 2022 budget of $1.47 trillion. This is $120 billion less that the Speaker and President Biden agreed to in May of this year.</span><span data-ccp-props="{"134233117":false,"134233118":false,"201341983":0,"335551550":1,"335551620":1,"335559685":0,"335559737":0,"335559738":0,"335559739":160,"335559740":259}"> </span></p> <p><span data-contrast="auto">If you have questions about how a government shutdown may affect your immigration issue, <a href="https://bizlegalservices.com/contact/">contact us at ILBSG</a>. We continue to actively monitor all ongoing updates to give you the right advice for your particular situation. </span><span data-ccp-props="{"134233117":false,"134233118":false,"201341983":0,"335551550":1,"335551620":1,"335559685":0,"335559737":0,"335559738":0,"335559739":160,"335559740":259}"> </span></p> <p>The post <a href="https://bizlegalservices.com/2023/09/20/immigration-policy-included-in-federal-funding-debate/">Immigration Policy Included in Federal Funding Debate</a> appeared first on <a href="https://bizlegalservices.com">International Legal and Business Services Group</a>.</p> ]]></content:encoded> </item> <item> <title>Immigration Reform Bill Sent to House of Representatives for Vote</title> <link>https://bizlegalservices.com/2022/07/29/immigration-reform-bill-sent-to-house-of-representatives-for-vote/?utm_source=rss&utm_medium=rss&utm_campaign=immigration-reform-bill-sent-to-house-of-representatives-for-vote</link> <dc:creator><![CDATA[Nickname]]></dc:creator> <pubDate>Fri, 29 Jul 2022 20:37:02 +0000</pubDate> <category><![CDATA[News]]></category> <category><![CDATA[American Families United Act of 2022]]></category> <category><![CDATA[Immigration Policy]]></category> <category><![CDATA[Immigration Reform]]></category> <guid isPermaLink="false">https://bizlegalservices.com/?p=115016</guid> <description><![CDATA[<p>A bill giving immigration officials the option to approve residency or stop the deportation of children or spouses of U.S. citizens has moved forward. The House Judiciary Committee passed the American Families United Act, H.R. 2920, which gives immigration officials more discretion on matters where undocumented immigrants are children or spouses of U.S. citizens. Supporters of the effort say the immigration reform bill will limit the hardship U.S. citizen families face due to the separation of their undocumented family members. Other elements of immigration reform are also included. Notably, immigrant veteran support, increases in budget, and additional availability of certain visas are included.</p> <p>The post <a href="https://bizlegalservices.com/2022/07/29/immigration-reform-bill-sent-to-house-of-representatives-for-vote/">Immigration Reform Bill Sent to House of Representatives for Vote</a> appeared first on <a href="https://bizlegalservices.com">International Legal and Business Services Group</a>.</p> ]]></description> <content:encoded><![CDATA[<p>A bill giving immigration officials the option to approve residency or stop the deportation of children or spouses of U.S. citizens has moved forward. The House Judiciary Committee passed the <a href="https://www.congress.gov/bill/117th-congress/house-bill/2920" target="_blank" rel="noopener">American Families United Act</a>, H.R. 2920, which gives immigration officials more discretion on matters where undocumented immigrants are children or spouses of U.S. citizens. Supporters of the effort say the immigration reform bill will limit the hardship U.S. citizen families face due to the separation of their undocumented family members. Other elements of immigration reform are also included. Notably, immigrant veteran support, increases in budget, and additional availability of certain visas are included.</p> <p>Per the bill, the attorney general receives discretion on a case-by-case basis. Among the options are giving permission to reapply for U.S. admission, waiving inadmissibility grounds, and ending removal orders. The option would be available if separation causes hardship for the relative U.S. citizen. The U.S. Department of Homeland Security (DHS) secretary would be granted similar discretion options.</p> <p>The bill does not give anyone the option to grant amnesty. Similarly, there is no benefit to the undocumented family member if they are already in the United States. The focus of the bill is to give these undocumented individuals their day in court to argue their case. Again, this is focused on those situations where the removal of the undocumented family member would cause hardship to a U.S. citizen. Approximately 1.7 million Americans are married to undocumented individuals. Over half of those couples have been married for 10 years or longer.</p> <p>The bill did not receive support from Republican members of the House Judiciary Committee. The future of the bill is, like many others, decidedly uncertain. The committee voted to send the bill to the full House of Representatives for a full vote. The timing is uncertain. The August recess begins at the end of the day on July 29, 2022. The House returns in mid-September.</p> <p>Included in the bill is the Veteran Service Recognition Act. That effort aims to protect individuals who have served in the U.S. military, giving them the option to file for naturalization during basic training, and providing an advisory committee to manage cases of noncitizen veterans who have been deported to reapply for U.S. legal status.</p> <p>During the fiscal 2023 appropriations bill discussions for DHS, provisions to reunite families, discourage unofficial migration, provide for employer staffing needs, and generally bring immigration policy up to date were noted by Democrats. Increases in the number of visas are one of the recommendations. The outlook continues to be uncertain on several immigration policy update efforts.</p> <p>The immigration reform bill proposes doubling the U.S. Citizenship and Immigration Services (USCIS) annual funding budget to $816 million. Additional funding is suggested to improve inspections, provide greater access to attorneys, and protect individuals coming into U.S. Immigration and Customs Enforcement (ICE) detention facilities.</p> <p>If you have questions about your immigration-related matter, <a href="https://bizlegalservices.com/contact/">contact us at ILSBG</a>. We continue to actively monitor all proposed policy updates to ensure our clients get the right advice based on the latest developments.</p> <p>The post <a href="https://bizlegalservices.com/2022/07/29/immigration-reform-bill-sent-to-house-of-representatives-for-vote/">Immigration Reform Bill Sent to House of Representatives for Vote</a> appeared first on <a href="https://bizlegalservices.com">International Legal and Business Services Group</a>.</p> ]]></content:encoded> </item> <item> <title>Biden Administration Immigration Policy Review</title> <link>https://bizlegalservices.com/2022/02/26/biden-administration-immigration-policy-review/?utm_source=rss&utm_medium=rss&utm_campaign=biden-administration-immigration-policy-review</link> <dc:creator><![CDATA[Nickname]]></dc:creator> <pubDate>Sat, 26 Feb 2022 00:01:55 +0000</pubDate> <category><![CDATA[News]]></category> <category><![CDATA[biden immigration policy]]></category> <category><![CDATA[Immigration Policy]]></category> <category><![CDATA[State of the Union]]></category> <guid isPermaLink="false">https://bizlegalservices.com/?p=108413</guid> <description><![CDATA[<p>President Joe Biden’s inauguration on January 20, 2021, ushered in a new era of sweeping immigration plans. President Biden’s immigration plans intended to modernize and reform the United States’ immigration system, reverse strict Trump Administration immigration actions, reassert commitment to asylum-seekers and refugees, and tackle the root causes of irregular migration occurring in the United States. Now that over a year has passed and with President Biden’s second State of the Union Address being made on March 1, 2022, we can review the policies in place and see President Biden’s progress towards the vision he laid out early on in his presidency.</p> <p>The post <a href="https://bizlegalservices.com/2022/02/26/biden-administration-immigration-policy-review/">Biden Administration Immigration Policy Review</a> appeared first on <a href="https://bizlegalservices.com">International Legal and Business Services Group</a>.</p> ]]></description> <content:encoded><![CDATA[<p>President Joe Biden’s inauguration on January 20, 2021, ushered in a new era of sweeping immigration policy and plans. President Biden’s immigration plans intended to modernize and reform the United States’ immigration system, reverse strict Trump Administration immigration actions, reassert commitment to asylum-seekers and refugees, and tackle the root causes of irregular migration occurring in the United States. Now that over a year has passed and with President Biden’s second State of the Union Address being made on March 1, 2022, we can review immigration policy in place and see President Biden’s progress towards the vision he laid out early on in his presidency.</p> <h4>President Biden’s Bills Introduced to Congress</h4> <p>The Biden Administration’s plan towards a revamped immigration system started strong with comprehensive bills introduced to Congress such as the introduction of the <a href="https://www.congress.gov/bill/117th-congress/house-bill/1177/text"><em>U.S. Citizenship Act</em>,</a> which provided an eight-year path to citizenship for the estimated 10.5 million unauthorized immigrants in the United States, provisions to improve the existing family-based immigration system, revise employment-based visa rules, provide an avenue for DACA recipients to obtain permanent residence and to increase the number of diversity visas available to applicants. However, US Congress, COVID-19, and long immigration backlogs have effectively roadblocked the US Citizenship Act which has since been placed on hold and in limbo with the US Subcommittee on Immigration and Citizenship. Since April 28, 2021, there has been no progress and the bill remains in review.</p> <p>President Biden’s next major bill affecting immigration, the <a href="https://www.congress.gov/bill/117th-congress/house-bill/5376"><em>Build Back Better Act</em></a> faced similar objections from Congress notably from Democratic Party members Arizona Senator Kyrsten Sinema and West Virginia Senator Joe Manchin who refused to vote in favor of the act due to disagreements about the size and funding needed. The Build Back Better Act is a proposed comprehensive climate change, social policy, and infrastructure plan that included immigration policy provisions to provide approximately 7 million unauthorized immigrants the ability to apply for legislative protections from deportation and to apply for work permits and licenses. Without the 51 Democratic Senator votes needed to move the bill to the next stage, President Biden and Congress are at an impasse and the Build Back Better Act has been effectively placed on hold.</p> <h4>Executive Actions</h4> <p>President Biden has had to rely on executive actions, rather than legislative actions requiring congressional approval to address some of the immigration policy promises he made during his path to the presidency. These executive actions reverse many of former President Trump’s changes to the United States’ immigration system. President Biden’s executive orders included many reversals on draconian immigration measures instituted by former President Trump.<a href="#_ftn1" name="_ftnref1">[1]</a> In President Biden’s first year, he issued 81 executive orders in comparison to former President Trump who issued 55 executive orders in his first year. According to the nonpartisan nonprofit organization, Ballotpedia, President Biden has signed altogether 81 executive orders, 57 presidential memoranda, 202 proclamations, and 39 notices totaling 379 executive actions.<a href="#_ftn2" name="_ftnref2">[2]</a> Comparatively, according to the nonpartisan Migration Policy Institute, former President Donald Trump executed 472 total executive actions over the tenure of his entire four-year term.<a href="#_ftn3" name="_ftnref3">[3]</a></p> <p>President Biden’s executive actions resulted in numerous changes to US immigration policy including halting the construction of the US-Mexico Border Wall, actions ending the travel ban on 14 countries many of which had Muslim backgrounds, and an executive order to provide protections for DACA recipients and reaffirming the United States’ DACA program after former President Trump’s attempts to terminate the program.</p> <h4><em>Review on Executive Actions and Policy Effects</em></h4> <p>President Biden’s executive actions have resulted in changes across different areas of immigration policy. With the sheer number of actions taken, we highlight the major sector-changing actions that had the greatest effects on US immigration. These categories are broken down below:</p> <p><em>Entry Bans on 14 Countries Instituted between 2017-2020</em></p> <p>Between 2017-2020 former President Trump instituted a series of travel bans preventing nationals from 14 countries predominantly Muslim countries from entering the United States. Such measures include <a href="https://www.dhs.gov/publication/executive-order-13780-protecting-nation-foreign-terrorist-entry-united-states-initial?ct=t(AgencyUpdate_012120)">Executive Order 13780</a>,<a href="https://www.hsdl.org/?abstract&did=825693&ct=t(AgencyUpdate_012120)"> Proclamation 9645</a>,<a href="https://www.hsdl.org/?abstract&did=825693&ct=t(AgencyUpdate_012120)"> Proclamation 9723</a>, <a href="https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/presidential-proclamation-archive/presidential-proclamation9645.html?wcmmode=disabled&ct=t(AgencyUpdate_012120)#:~:text=Presidential%20Proclamation%209645%20and%20Presidential%20Proclamation%209983,-Presidential%20Proclamation%209645&text=On%20January%2031%2C%202020%2C%20a,nationals%20of%20six%20additional%20countries.">Proclamation 9983</a>. One of President Biden’s first actions in office included reversing these travel bans through <a href="https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/proclamation-ending-discriminatory-bans-on-entry-to-the-united-states/?ct=t(AgencyUpdate_012120)">Proclamation on Ending Discriminatory Bans on Entry to the United States</a> which resulted in the revocation of Executive Order 13780, Proclamation 9645, Proclamation 9723, and Proclamation 9983. Thus, lifting the bans that halted the admissions of travelers from the 14 banned countries. This has resounding effects including reuniting families and allowing travelers from these 14 countries to return to the United States.<strong> </strong></p> <p><em>Deferred Action for Childhood Arrivals (DACA).</em></p> <p>The Trump Administration made several attempts to dismantle DACA announcing in 2017 that the United States would halt all new applications. It took three years for these actions to be heard by the US Supreme Court which ruled that the Trump Administration’s attempts to terminate the program were unlawful. Acting Department of Homeland Security Secretary Chad Wolf issued a memorandum placing DACA on pause and barring first-time applications.<a href="#_ftn4" name="_ftnref4">[4]</a> The Trump Administration made numerous attempts to terminate or curtail the program leading up to the 2020 US Presidential Election. In response, President Biden issued <a href="https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/preserving-and-fortifying-deferred-action-for-childhood-arrivals-daca/"><em>Preserving and Fortifying Deferred Action for Childhood Arrivals (DACA)</em></a> which reverses the Trump Administration attempts to dismantle DACA. The memorandum issued a statement that reads, “<em>DACA reflects a judgment that these immigrants should not be a priority for removal based on humanitarian concerns and other considerations and that work authorization will enable them to support themselves and their families, and to contribute to our economy, while they remain</em>.”</p> <p><em>Refugee Resettlement Procedures</em></p> <p>The Trump Administration placed a 15,000-person limit on annual refugee admissions to the United States during former President Trump’s final year of tenure. Following President Biden’s election, he issued a statement that he would not increase the 15,000-refugee limit due to national interests.<a href="#_ftn5" name="_ftnref5">[5]</a> However, facing critical commentary from Democratic constituents, he issued a memorandum, <a href="https://www.whitehouse.gov/briefing-room/statements-releases/2021/05/03/statement-by-president-joe-biden-on-refugee-admissions/"><em>Statement by President Joe Biden on Refugee Admissions</em></a> which reported a raise in the annual refugee admissions cap to 62,500 in the 2021 fiscal year with a goal of 125,000 refugee admissions for 2022. However in FY 2021, only 11,411 refugees (approximately 18% of President Biden’s target of 62,500) had been met. In comparison, the final year of the Trump Administration had more refugee admissions at 11,814.<a href="#_ftn6" name="_ftnref6">[6]</a> According to National Public Radio (NPR), FY 2021 numbers did not include the tens of thousands Afghans brought to the United States and other immigration statuses due to being under a different program such as humanitarian parole which are not included in the refugee tally. According to President Biden, these goals will be hard to hit, but the Biden Administration is “going to use every tool available to help these fully-vetted refugees fleeing horrific conditions in their home countries.”</p> <p><em>US-Mexico Border Wall and Immigration Enforcement Policies.</em></p> <p>President Biden issued <a href="https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/proclamation-termination-of-emergency-with-respect-to-southern-border-of-united-states-and-redirection-of-funds-diverted-to-border-wall-construction/"><em>Proclamation on the Termination Of Emergency With Respect To The Southern Border Of The United States And Redirection Of Funds Diverted To Border Wall Construction</em></a> which halted the wall construction project on the US-Mexico border to redirect funds set by the previous administration elsewhere. This proclamation included major changes to the US immigration enforcement policy including specific provisions on strategizing to address the root causes of “irregular migration” and for “collaboratively managing migration.”</p> <p>Throughout 2021, President Biden issued a series of directives on immigration enforcement. On his first day of office, President Biden revoked former President Trump’s 2017 <a href="https://www.govinfo.gov/content/pkg/DCPD-201700072/pdf/DCPD-201700072.pdf?ct=t(AgencyUpdate_012120)">Executive Order 13768</a>. Executive Order 13768 called for the removal of all undocumented immigrants living in the United States and allowed the federal government to withdraw federal funding from “sanctuary states” that provided safe harbors for these undocumented immigrants. President Biden’s <a href="https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-order-the-revision-of-civil-immigration-enforcement-policies-and-priorities/"><em>Executive Order on the Revision of Civil Immigration Enforcement Policies and Priorities</em></a> reversed Executive Order 13768 and directed DHS to implement new policies intended to balance border security, public safety, and humanitarian considerations.<a href="#_ftn7" name="_ftnref7">[7]</a> President Biden’s reversal called for revised policies within 100 days and issued a pause on the removal of noncitizens except for noncitizens who pose a danger to national security; who were not in the United States before November 1, 2020; who voluntarily waive any rights to remain in the United States; and who the acting ICE Director determines must leave the country. As one of the largest immigration actions by the Biden Administration, this resulted in a major drop in ICE deportations.</p> <p><em>Separation of Families</em></p> <p>President Biden made a promise during his election campaign to reunite children separated from their families at the United States-Mexico border. In his first couple weeks of office, he issued <a href="https://www.whitehouse.gov/briefing-room/presidential-actions/2021/02/02/executive-order-the-establishment-of-interagency-task-force-on-the-reunification-of-families/"><em>Executive Order on the Establishment of Interagency Task Force on the Reunification of Families</em></a> intended to reverse draconian rules set in place by the Trump Administration that had a zero-tolerance policy on border control.<a href="#_ftn8" name="_ftnref8">[8]</a> These actions resulted in the separation of thousands of children from their parents. On June 20, 2018 after facing protests and critical response, former President Trump reversed the practice of familial separation, but the effects were already made. By the time, over 3,900 children had been separated from their families at the US-Mexico border.<a href="#_ftn9" name="_ftnref9">[9]</a> The Department of Justice reversed the zero-tolerance policy on January 26, 2021<a href="#_ftn10" name="_ftnref10">[10]</a> and President Biden issued <em><u>Executive Order on the Establishment of Interagency Task Force on the Reunification of Families</u></em> to help reunify the separated families.</p> <p><em>Temporary Protected Status (TPS)</em></p> <p>The Trump Administration sought to end the Temporary Protected Status program for citizens of several countries notably Liberia, El Salvador, Haiti, Guatemala, Nicaragua, Sudan, Honduras, and Nepal. US Courts shut down the Trump Administration’s attempts to dismantle the TPS program for these countries’ nationals<a href="#_ftn11" name="_ftnref11">[11]</a><a href="#_ftn12" name="_ftnref12">[12]</a> with President Biden reinstating TPS for Liberian nationals through a memorandum <a href="https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/reinstating-deferred-enforced-departure-for-liberians/"><em>Reinstating Deferred Enforced Departure for Liberians</em></a>. This memorandum sets the policies to allow Liberian nationals to continue using the Temporary Protected Status program for those who have not been convicted of an aggravated felony, two or more crimes involving moral turpitude, or persecution of any person on account of race, religion, nationality, political opinion, or membership in a particular social group.</p> <p><em>Asylum and Protections</em></p> <p>On February 02, 2021, President Biden issued a comprehensive executive order titled, <a href="https://www.whitehouse.gov/briefing-room/presidential-actions/2021/02/02/executive-order-creating-a-comprehensive-regional-framework-to-address-the-causes-of-migration-to-manage-migration-throughout-north-and-central-america-and-to-provide-safe-and-orderly-processing/"><em>Executive Order on Creating a Comprehensive Regional Framework to Address the Causes of Migration, to Manage Migration Throughout North and Central America, and to Provide Safe and Orderly Processing of Asylum Seekers at the United States Border</em></a>, and <a href="https://www.whitehouse.gov/briefing-room/presidential-actions/2021/02/02/executive-order-restoring-faith-in-our-legal-immigration-systems-and-strengthening-integration-and-inclusion-efforts-for-new-americans/"><em>Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans</em></a> which involve policies that were intended to reverse certain Trump Administration actions that placed burdens on the US asylum system particularly amongst those from Central American countries. President Biden’s executive order affecting the US asylum system provided policy clarifications on how to process refugee applications from Central America notably from El Salvador, Guatemala, and Honduras, and to added clarifications on how to process asylum claims at the US-Mexico border. Specifically, President Biden ordered a review of the Migrant Protection Protocols, and to end “Prompt Asylum Case review” and the “Humanitarian Asylum Review Program” which were implemented by the Trump Administration to lessen the amount of time asylees have to prepare for credible fear interviews and limit their contact with legal representatives.</p> <p>President Biden’s executive orders rescinded several of former President Trump’s executive actions including previously mentioned <a href="https://www.federalregister.gov/documents/2018/06/25/2018-13696/affording-congress-an-opportunity-to-address-family-separation?ct=t(AgencyUpdate_020320)">Executive Order 13841</a>, <em><u>Affording Congress an Opportunity To Address Family Separation</u></em>, <a href="https://www.federalregister.gov/documents/2017/01/30/2017-02095/border-security-and-immigration-enforcement-improvements">Executive Order 13767</a>, <em><u>Border Security and Immigration Enforcement Improvements</u></em>, <a href="https://www.govinfo.gov/content/pkg/DCPD-201900251/pdf/DCPD-201900251.pdf?ct=t(AgencyUpdate_020320)">Presidential Memorandum</a>, <em><u>Additional Measures to Enhance Border Security and Restore Integrity to Our Immigration System</u></em>, <a href="https://www.govinfo.gov/content/pkg/DCPD-201900334/pdf/DCPD-201900334.pdf?ct=t(AgencyUpdate_020320)">Presidential Memorandum</a>, <em><u>Enforcing the Legal Responsibilities of Sponsors of Aliens </u></em><u>(“Public Charge Rule”)</u>, <a href="https://www.federalregister.gov/documents/2019/05/13/2019-09992/addressing-mass-migration-through-the-southern-border-of-the-united-states?ct=t(AgencyUpdate_020320)">Proclamation 9880</a><em>, <u>Addressing Mass Migration through the Southern Border of the United States</u></em>, and <a href="https://www.govinfo.gov/content/pkg/FR-2018-04-13/pdf/2018-07962.pdf?ct=t(AgencyUpdate_020320)">Presidential Memorandum</a>, <em><u>Ending ‘Catch and Release’ at the Border of the United States and Directing Other Enhancements to Immigration Enforcement</u></em>.</p> <p><strong> </strong></p> <h4>2022 and Beyond: A Look into the Future of Biden Immigration Policy Changes<strong> </strong></h4> <p>It is clear that President Biden has intentions to modify and revamp the US immigration system through his executive actions, but it remains to be clear whether or not these changes are permanent. Without Congressional approval, many of these actions can be reversed by future executive actions by future presidents. Looking into 2022 and beyond, President Biden has already outlined several new policies to help revamp the US immigration system with a notable focus on professionals in Science, Technology, Engineering, and Mathematics (STEM).</p> <p>Highlighting President Biden’s Policy Proposals for 2022 and beyond, we look at a few key areas.</p> <p><em>National Interest Waiver Clarifications for STEM Professionals with Employment-Based Immigrant Petitions</em><strong> </strong></p> <p>In a <a href="https://www.whitehouse.gov/briefing-room/statements-releases/2022/01/21/fact-sheet-biden-harris-administration-actions-to-attract-stem-talent-and-strengthen-our-economy-and-competitiveness/">2022 Fact Sheet</a>, President Biden made a statement assigning USCIS with the task of clarifying policies to help explain how the <em>national interest waiver</em> can be used for persons with advanced degrees in STEM fields. According to the fact sheet, this update is intended to promote efficient and effective benefit processing as USCIS reviews requests for national interest waivers.</p> <p>STEM-based professionals should see a rise in approved petitions in the EB-2 National Interest Waiver program with the additional clarifications making the process of applying for a national interest waiver clearer and more efficient.</p> <p><em>O-1A Visa Updates</em></p> <p>The Biden Administration added new requests for the Department of Homeland Security to clarify how it determines eligibility for those applying under O-1A (extraordinary ability in the sciences, education, business, or athletics not including arts, motion pictures, or television industry). According to USCIS, “The new update provides examples of evidence that may satisfy the O-1A evidentiary criteria and discusses considerations that are relevant to evaluating such evidence, with a focus on the highly technical nature of STEM fields and the complexity of the evidence often submitted.”<a href="#_ftn13" name="_ftnref13">[13]</a></p> <p>This new O-1A guidance should lead to further success rates in the STEM fields as previously, the O-1A visa has been difficult to obtain due to unclear criteria that apply to professionals in science, technology, engineering, and mathematics.</p> <p><em>STEM OPT Expansions.</em><strong> </strong></p> <p><a href="https://www.dhs.gov/news/2022/01/21/dhs-expands-opportunities-us-stem-professionals">According to the Department of Homeland Security</a>, 22 new fields of study have been added to the STEM Optical Practical Training (OPT) program as part of the Biden Administration’s efforts to expand eligibility for STEM OPT. Such additions include new emerging technologies such as The fields include Cloud Computing, Anthrozoology, Geography and Environmental Studies, Climate Science, Mathematical Economics, Business Analytics, Data Visualization, Financial Analytics and others. For a full list and more details, <a href="https://www.federalregister.gov/documents/2022/01/21/2022-01188/update-to-the-department-of-homeland-security-stem-designated-degree-program-list">please see here.</a></p> <p>Opportunities should increase for STEM students notably in emerging technologies to find more programs of allowing for optical practical training.</p> <p><em>Expanded Programs For J-1 Exchange Visitors</em></p> <p>The Biden Administration has proposed in its <a href="https://www.whitehouse.gov/briefing-room/statements-releases/2022/01/21/fact-sheet-biden-harris-administration-actions-to-attract-stem-talent-and-strengthen-our-economy-and-competitiveness/">2022 Fact Sheet</a> to expand the United States’ J-1 Visa program to include two new routes for individuals in STEM fields. The first includes the U.S. Department of State announcing the <em>Early Career STEM Research Initiative </em>to facilitate temporary exchange visitors coming to and from the United States to engage in STEM research through research, training, or educational exchange visitor programs with host organizations, including businesses reserved for nonimmigrant BridgeUSA exchange visitors. The Biden Administration tasked the Department of State’s Educational and Cultural Affairs Program to lead this initiative and to announce new guidance to help provide clarifications on how prospective J-1 students can use this program.<a href="#_ftn14" name="_ftnref14">[14]</a></p> <p>According to the program, undergraduate and graduate students in STEM fields on the J-1 visa can use this program and stay on the J-1 visa for periods up to 36 months.</p> <p><em>President Biden’s Agenda for 2022 on H-1B Visa Reforms</em></p> <p>The Biden Administration has made resounding attempts to reverse Trump Administration policies during 2021 and appears primed to continue the efforts in 2022. According to executive rules published in late 2021, the Biden Administration aims on addressing the United States’ H-1B system. Titled <a href="https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202110&RIN=1615-AC70"><em>Modernizing H-1B Requirements and Oversight and Providing Flexibility in the F-1 Program</em></a>, the Biden Administration tasked the Department of Homeland Security to revise and clarify H-1B procedures including revising “regulations relating to “employer-employee relationship” and provide flexibility for start-up entrepreneurs; implement new requirements and guidelines for site visits including in connection with petitions filed by H-1B dependent employers whose basic business information cannot be validated through commercially available data; provide flexibility on the employment start date listed on the petition (in limited circumstances); address “cap-gap” issues; bolster the H-1B registration process to reduce the possibility of misuse and fraud in the H-1B registration system; and clarify the requirement that an amended or new petition be filed where there are material changes, including by streamlining notification requirements relating to certain worksite changes, among other provisions.”</p> <p><em>Increased USCIS Filing Fees and Premium Processing Fees</em></p> <p>According to a rule published in late 2021, the Biden Administration aims on increasing fees charged by USCIS for immigration and naturalization benefit requests including premium processing fees and revising certain fee waiver and exemptions. This rule, titled <a href="https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202110&RIN=1615-AC68"><em>U.S. Citizenship and Immigration Services Fee Schedule</em></a> aims to increase fees similarly to the Trump Administration, although not at the same level. The added proposal includes also implementing legislation to allow USCIS to offer premium processing for Form I-539, Change or Extend Status applications for F, J, and M visas, as well as E, H, L, O, P, and R dependents. This could pave the way for faster processing times for H-4 spouses awaiting their H-4 Employment Authorization Documents.</p> <p><em>Green Card and Visa Processing Backlogs</em></p> <p>Those who have participated in the permanent residency and visa processing system understand that the United States during 2020 and 2021 faced unprecedented backlogs regarding processing times. Consulates abroad are behind and many individuals have been waiting for months for interviews and results about their visas. Many visa holders have been advised to stay in the United States because they may not be able to return due to the backlogs in visa processing. Resultingly, the US Department of State issued directives to temporarily allow consular officers to waive in-person interviews for those under H-1B, H-3, L, O, P, and Q visas through December 31, 2022. We foresee the Biden Administration developing new directives to help process and lessen the green card and visa processing backlogs.</p> <h4><strong>Conclusion</strong></h4> <p>President Biden faced a great amount of pressure in 2021 regarding his ability to work with Congress and 2022 may provide similar obstacles with the potential reintroduction of the bill for the Build Back Better Act. Mid-term elections are near and with a focus on immigration policy, expect continued contentious hearings between the Biden Administration and Congress through 2022 and likely 2023. Prominent topics such as the “Public Charge Rule” and “Deferred Action for Childhood Arrivals (DACA)” as well as immigrant and nonimmigrant pathways will be on the primary topic list for the Biden Administration and similar to 2021, President Biden may find himself at an impasse with US Congress on pushing his immigration policy plans forward. The 2022 State of the Union Address should bring additional clarifications as the country waits to hear what the President has to say.</p> <p>ILBSG is proud to provide this summary. If you have questions or comments, <a href="https://bizlegalservices.com/contact/">contact us</a>.</p> <p> </p> <p><a href="#_ftnref1" name="_ftn1">[1]</a> https://www.federalregister.gov/presidential-documents/executive-orders</p> <p><a href="#_ftnref2" name="_ftn2">[2]</a> https://ballotpedia.org/Joe_Biden%27s_executive_orders_and_actions</p> <p><a href="#_ftnref3" name="_ftn3">[3]</a> https://www.migrationpolicy.org/news/trump-472-executive-actions-immigration-during-presidency</p> <p><a href="#_ftnref4" name="_ftn4">[4]</a> https://www.dhs.gov/sites/default/files/publications/20_0728_s1_daca-reconsideration-memo.pdf</p> <p><a href="#_ftnref5" name="_ftn5">[5]</a> https://www.whitehouse.gov/briefing-room/presidential-actions/2021/04/16/memorandum-for-the-secretary-of-state-on-the-emergency-presidential-determination-on-refugee-admissions-for-fiscal-year-2021/</p> <p><a href="#_ftnref6" name="_ftn6">[6]</a> https://cis.org/Report/FY-2021-Refugee-Resettlement-Roundup</p> <p><a href="#_ftnref7" name="_ftn7">[7]</a> https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-order-the-revision-of-civil-immigration-enforcement-policies-and-priorities/</p> <p><a href="#_ftnref8" name="_ftn8">[8]</a> https://www.justice.gov/opa/pr/attorney-general-announces-zero-tolerance-policy-criminal-illegal-entry</p> <p><a href="#_ftnref9" name="_ftn9">[9]</a> https://apnews.com/article/az-state-wire-donald-trump-immigration-lifestyle-government-and-politics-54e2e5bbff270019d8bda3c81161c7c7</p> <p><a href="#_ftnref10" name="_ftn10">[10]</a> https://apnews.com/article/politics-immigration-only-on-ap-mexico-b04e63264cd13f248c94f1e90200460a</p> <p><a href="#_ftnref11" name="_ftn11">[11]</a>[11] https://www.uscis.gov/humanitarian/temporary-protected-status</p> <p><a href="#_ftnref12" name="_ftn12">[12]</a> https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-nepal</p> <p><a href="#_ftnref13" name="_ftn13">[13]</a> https://www.uscis.gov/newsroom/alerts/uscis-provides-clarifying-guidance-for-o-1-petitions-with-a-focus-on-stem-fields</p> <p><a href="#_ftnref14" name="_ftn14">[14]</a> https://j1visa.state.gov/opportunity-for-academic-training-extensions-for-j-1-college-and-university-students-in-stem-fields/</p> <p>The post <a href="https://bizlegalservices.com/2022/02/26/biden-administration-immigration-policy-review/">Biden Administration Immigration Policy Review</a> appeared first on <a href="https://bizlegalservices.com">International Legal and Business Services Group</a>.</p> ]]></content:encoded> </item> </channel> </rss>