Weekly Immigration News Recap (November 28-December 4) Supreme Court Hears Arguments Over Biden Immigration Enforcement Policy The Biden administration’s policy, which limits the arrest of undocumented immigrants to those who pose a threat to national security or public safety, was the subject of oral arguments before the U.S. Supreme Court on Tuesday. A federal judge in Texas earlier this month sided with Republican officials in Louisiana and Texas who said the Biden administration lacked the jurisdiction to issue the directive, ruling that the policy restricting arrests was unlawful. The Biden administration decided to appeal the ruling to the Supreme Court because the court judgment gives ICE officials no clear instructions on who they can and cannot deport. Source: Bundless After declining early in the COVID-19 outbreak, immigrant naturalizations in the U.S. are rising again Immigrants in the United States are naturalizing at numbers not seen in more than ten years, following a steep decline in naturalizations during the early phases of the coronavirus pandemic. A Pew Research Center estimate based on official statistics available for the first three quarters of the year indicates that more than 900,000 immigrants acquired citizenship of the United States during the 2022 fiscal year. That yearly total would rank third among all fiscal years since 2008, when more than a million people became naturalized citizens, and it would be the greatest annual total ever. Federal fiscal years run from October 1 to September 30. Source: Pew Research Center Asylum rates drop as immigration cases are fast-tracked, research finds According to study, expedited immigration procedures appear to reduce the likelihood that refugees would be granted asylum. Asylum grant rates have decreased since July, and this “coincides with the extremely rapid increase in expedited cases,” according to a study published on Tuesday by Syracuse University’s Transactional Records Access Clearinghouse, or TRAC, one of the country’s top researchers on immigration court cases. Source: AILA Labor Secretary: U.S. immigration system is ‘a threat to our economy’ Labor Secretary Marty Walsh claims that immigration reform should be the top priority for Congress after Friday’s November jobs report revealed stronger-than-anticipated results but a persistent skills gap, even if it may be unlikely in a politically divided Washington. In spite of months of Federal Reserve interest rate rises that are projected to eventually drive up unemployment, Friday’s report showed growth in both overall job levels and average hourly earnings with an unemployment rate that stayed at a low 3.7%. Source: Yahoo Finance

Weekly Immigration News Recap (November 21-27) State Department Puts Dent in Green Card Backlog in November The backlog for immigrant visas (IV) at the National Visa Center (NVC) of the Department of State decreased somewhat in November, from 384,760 cases to 399,286 cases, a 3.6% reduction. The number of green card applicants whose cases were documentarily finished and thus prepared to be scheduled for an interview decreased this month by more than 12,000, from 435,063 to 423,367, according to the NVC (a documentarily complete case is one in which all the required forms and documents have been submitted to and accepted by the NVC and that the case is ready for an interview to be scheduled). Source: Boundless U.S. Has No Immigrant Visa Processing in Nearly 70 Countries When requesting a green card from outside the country, you must visit the closest consulate for an interview before your application may be granted. But what if there isn’t a U.S. consulate in your nation of residence? According to a recent report from the libertarian think tank Cato Institute, the United States does not process immigrant visas for citizens of 67 nations. This necessitates expensive and time-consuming travel for applicants in those nations to attend a consular interview. Source: Boundless

Weekly Immigration News Update (November 14-20) DHS Continues Temporary Protected Status and Related Documentation for Certain Beneficiaries of TPS The continuation of Temporary Protected Status (TPS) and some related documents for beneficiaries of TPS designations that continue to be governed by the court orders in the Ramos et al. v. Nielsen and Bhattarai et al. v. Nielsen et al. lawsuits were announced in a Federal Register Notice published by the Department of Homeland Security (DHS) on November 10, 2022. Source: USCIS U.S. Has Zero Immigrant Visa Processing in 67 Countries In 67 nations, the United States does not process immigration visas, according to a recent Cato Institute analysis. This necessitates expensive and time-consuming travel for candidates in those nations to attend a consular interview. Approximately 720 million people reside in nations that do not handle immigrant visas. Over the past ten years, the United States has granted over 400,000 visas to citizens of these nations, but the research claims that number would have increased significantly if visa services had been available. In these nations, applicants must travel an average of 669 kilometers to attend an interview. Source: Boundless Nonimmigrant Visa Backlog Is Decreasing, Official State Department Statement According to an official statement on Thursday, the Biden administration has slashed wait times for nonimmigrant visa interviews across the board. However, an immigration policy specialist who closely monitors the situation disputes the development. Aline Barros, a correspondent for VOA’s immigration section, reports from Washington. Source: VOA Title 42: judge orders Biden to lift Trump-era immigration rule A federal judge on Tuesday ordered the Biden administration to lift Trump-era asylum restrictions that have been a cornerstone of border enforcement since the beginning of Covid.The US district judge, Emmet Sullivan, ruled in Washington that enforcement must end immediately for families and single adults, calling the ban “arbitrary and capricious”.  The US district judge, Emmet Sullivan, ruled in Washington that enforcement must end immediately for families and single adults. He called the ban ‘arbitrary and capricious’. The administration has not applied it to children traveling alone. Plaintiffs including the American Civil Liberties Union did not oppose the delay. Source: Guardian

Weekly Immigration News Recap (November 7-13) USCIS Hosts Special Naturalization Ceremonies in Honor of Veterans Day Agency Committed to Eliminating Naturalization Barriers Veteran, service member, and military spouse naturalization ceremonies will be held all throughout the nation by the U.S. Citizenship and Immigration Services in celebration of Veterans Day. In 50 ceremonies, more than 3,900 applicants for naturalization, including U.S. military personnel, veterans, and their families, will take the oath of allegiance. These occasions will pay tribute to the sacrifices they have made while serving our nation and emphasize our agency’s dedication to helping the military community with immigration issues. Source: USCIS USCIS Announces Online Filing for Affirmative Asylum Applications U.S. Citizenship and Immigration Services announced that certain petitioners for affirmative asylum are now able to submit their Form I-589, Application for Asylum and for Withholding of Removal, online. The most recent paper version of this form is still acceptable for mailing to USCIS. USCIS Director Ur M. Jaddou stated that expanding online filing is a goal for the agency as it strives to improve operations for both the agency and its stakeholders, including applicants, petitioners, and requestors. “USCIS continues to strive toward reducing reliance on paper records and further transforming to an electronic environment,” according to the ability to submit positive asylum applications online. Source: USCIS DHS Announces Countries Eligible for H-2A and H-2B Visa Programs The lists of nations whose citizens are qualified to participate in the H-2A and H-2B visa programs in the upcoming year have been released by the Department of Homeland Security (DHS) in coordination with the Department of State (DOS). On November 10, 2022, the Federal Register will issue the notice that lists the qualified nations. With the approval of the secretary of state, the secretary of homeland security has decided to:  Add the Kingdom of Eswatini (Eswatini) to the list of nations qualified to take part in the H-2A and H-2B programs as of November 10, 2022. Source: USCIS Laid-Off Foreign Tech Workers Could Lose Right to Remain in U.S. The legal ability of foreign workers to remain in the United States has been put in jeopardy by recent mass layoffs at Twitter, Facebook, and other tech companies. A person with an H-1B work visa who is let go has 60 days to leave the country and return home, find another employer to sponsor them for an H-1B visa, or switch their status to a different visa. Source: Boundless Massachusetts Votes to Allow Undocumented Immigrants to Obtain Driver’s Licenses Massachusetts voters approved a new law that makes it possible for unauthorized immigrants to get driver’s licenses there. Undocumented immigrants are permitted to apply for a driver’s license as long as they present proper identity, according to the legislation. On July 1, the law is expected to take effect. Source: Boundless

DHS to Supplement H-2B Cap with Nearly 65,000 Additional Visas for Fiscal Year 2023 The Department of Homeland Security (DHS), in consultation with the Department of Labor (DOL), announced that it will be issuing a regulation that will make available to employers an additional 64,716 H-2B temporary nonagricultural worker visas for fiscal year (FY) 2023, on top of the 66,000 H-2B visas that are normally available each fiscal year. DHS is moving quickly to satisfy employers’ requirements for additional seasonal employees by making these supplemental visas available at the start of the fiscal year, which started on October 1, 2022. Source: USCIS USCIS Issues Policy Guidance on the EB-5 Reform and Integrity Act of 2022 Based on the repeal of the EB-5 Modernization Rule and the EB-5 Reform and Integrity Act of 2022, U.S. Citizenship and Immigration Services (USCIS) has released policy guidance (PDF, 342.87 KB) in the USCIS Policy Manual. Features of the policy include: removing the EB-5 Modernization Rule clauses that a federal court ruled were invalid on June 22, 2021; stating that a requester may submit Form I-485, Application to Register Permanent Residence or Adjust Status Revising the Investment Amounts and the Procedure for Designating a Targeted Employment Area; and Form I-526 has been updated throughout Volumes 7 and 8 to reflect its current name, “Immigrant Petition by Standalone Investor,” and references to Form I-526E have also been made. Source: USCIS Bedrock of Legal US Immigration Leaves Millions Waiting for Years For decades, sponsorship through immediate families has been significantly backlogged, which immigration advocates say presents barriers to family reunification. Immigration researchers shared with VOA that it would take “some pretty ambitious legislators to change the status quo.” Source: Boundless

Statement from USCIS Director Ur M. Jaddou on DACA Ruling “While today’s decision is deeply disappointing, it does not change current USCIS operations. Consistent with the court’s order, USCIS will continue to accept and process DACA renewal requests, and continue to accept but not process initial DACA requests. We remain committed to preserve and fortify DACA within our authority, but ultimately Congress must act to provide permanent protections to DACA recipients and their families.” Source: USCIS Federal Court Rules Against DACA But Leaves Program Intact The Deferred Action for Childhood Arrivals (DACA) program was declared illegal by the 5th Circuit Court of Appeals on Wednesday, but it also mandated a study of changes made by the Biden administration to strengthen and defend the program. A lower court’s decision that the Department of Homeland Security lacked the power to establish the DACA program was upheld by the three-judge panel. Source: Boundless Registration for the Diversity Visa Lottery of 2024 opens Applications for the 2024 Diversity Visa lottery are now being accepted online by the State Department. The registration deadline is November 8 at 12:00 Eastern time. The government will offer 55,000 green cards to foreign nationals from nations with low rates of immigration to the United States. To avoid potential online delays, the State Department advises enrolling as early as possible during the registration period. One application is allowed per individual, and registration is free. Source: Boundless

Extension of Temporary Waiver of 60-Day Rule for Civil Surgeon Signatures on Form I-693 U.S. Citizenship and Immigration Services is extending our temporary waiver of the requirement that civil surgeons must sign Form I-693, Report of Medical Examination and Vaccination Record, no more than 60 days before an individual applies for the underlying immigration benefit (including Form I-485, Application to Register Permanent Residence or Adjust Status). We have extended the waiver’s original expiration date of September 30, 2022, to March 31, 2023 in order to lessen processing delays and associated challenges with finishing the immigration medical examination on time. Regardless of when the application was submitted to USCIS or when a civil surgeon signed the Form I-693, this waiver is applicable to all Forms I-693 connected to underlying immigration benefit applications that have not yet been decided. Source: USCIS USCIS Extends Green Card Validity Extension to 24 Months for Green Card Renewals As of September 26, lawful permanent residents who submit Form I-90, Application to Replace Permanent Resident Card, will automatically have their Permanent Resident Cards (commonly known as Green Cards) valid for an additional 24 months. This extension may be granted to lawful permanent residents who properly file Form I-90 to renew an expiring or expired Green Card. The validity of a Green Card had previously been extended by 12 months through Form I-90 receipt notices. Source: USCIS USCIS Stops Accepting CW-1 Petitions Under the Disaster Recovery Workforce Act On or after October 1, 2022, USCIS will no longer accept CW-1 petitions submitted by employers in the Commonwealth of the Northern Mariana Islands (the CNMI) in accordance with the Disaster Recovery Workforce Act. The Disaster Recovery Workforce Act, Title IX, Div. P, Pub. L. 116-94 was incorporated in the Further Consolidated Appropriations Act, 2020. (48 U.S.C. 1801 note). The Disaster Recovery Workforce Act raised the CW-1 cap for certain workers performing service or labor directly connected to, or associated with recovery from, a presidentially declared major disaster or emergency, or for preparation for a future disaster or emergency, by 3,000 for the fiscal years 2020, 2021, and 2022. Source: USCIS H-1B: Presidential commission recommends stamping of visas inside US If President Joe Biden follows through on the suggestion, it will be a huge relief for thousands of foreign workers, especially those from India. The recommendation was unanimously endorsed by the presidential panel on Asian Americans and Pacific Islanders. A non-immigrant visa called the H-1B allows US businesses to hire foreign nationals for specialized jobs that need for theoretical or technical competence. It is essential to the hiring of tens of thousands of workers each year from nations like China and India by technology companies. Source: The Economics Time, The Siasat Daily Immigration Judges Complete Record Number of Cases Immigration judges have increased case completions by a record 50% since 2019, according to a new report. Judges have closed more than 375,000 court cases in recent months, and will reach at least 400,000 court completions by the end of this fiscal year. Reasons for

USCIS Reviewing Military Naturalization Policy Based on Settlement Agreement in Calixto v. Department of the Army, Civ. A. No 18-1551 (PLF) (D.D.C.) USCIS received notice of a settlement agreement on September 22, 2022, between the U.S. Army and the class of plaintiffs in the civil action known as Calixto v. Department of the Army, Civ. A. No. 18-1551 (PLF) (D.D.C.). The Calixto settlement agreement has an impact on USCIS’s regulations for military naturalization, and USCIS is currently examining revisions to those policies in light of those provisions. Members of the Calixto class who may be qualified to apply for military naturalization under Section 329 of the Immigration and Nationality Act may shortly receive guidelines and instructions from USCIS. Source: USCIS DHS Publishes Final Rule to Restore Asylum Regulations Consistent with Asylum works Vacatur USCIS received notice of a settlement agreement on September 22, 2022, between the U.S. Army and the class of plaintiffs in the civil action known as Calixto v. Department of the Army, Civ. A. No. 18-1551 (PLF) (D.D.C.). The Calixto settlement agreement has an impact on USCIS’s regulations for military naturalization, and USCIS is currently examining revisions to those policies in light of those provisions. Members of the Calixto class who may be qualified to apply for military naturalization under Section 329 of the Immigration and Nationality Act may shortly receive guidelines and instructions from USCIS. Source: USCIS Green Card Backlog Report for September is released by NVC The National Visa Center’s monthly report on the backlog of pending immigrant visa applications was published. Overall, the backlog decreased by a little over 4,000 cases, or 1%, in total. September saw a little over 32,000 interviews booked, which is less than August, which saw 32,888 scheduled interviews compared to September’s 32,175 interviews. Despite being a little lower than in August, this number is still greater than the average number of booked interviews for the previous 12 months (28,447). Source: Boundless

USCIS to Implement Next Phase of Premium Processing for Certain Previously Filed EB-1 and EB-2 Form I-140 Petitions The next stage of the premium processing expansion is currently being implemented by U.S. Citizenship and Immigration Services for a select group of petitioners who hold an active Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 categories. This phase only applies to specific previously submitted 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. This phase is similar to the first and second phases of the expansion (NIW). Source: USCIS USCIS to Welcome 19,000 New Citizens in Celebration of Constitution Day and Citizenship Day Between September 17 through September 23, U.S. Citizenship and Immigration Services will welcome more than 19,000 new citizens in more than 235 naturalization ceremonies across the country to commemorate Constitution Day and Citizenship Day. As part of Constitution Week, the country honors Constitution Day and Citizenship Day on September 17. (Sept. 17 to 23). The celebration recognizes both the U.S. Constitution’s adoption on September 17, 1787, and an occasion known as “I Am an American Day” that first occurred in 1940. President Harry Truman passed Citizenship Day into law in 1952, and President Dwight Eisenhower declared the first Constitution Week in 1955. Source: USCIS USCIS Reaches H-2B Cap for First Half of FY 2023 The number of petitions received by the U.S. Citizenship and Immigration Services has reached the limit for H-2B visas for temporary non-agricultural employees set by Congress for the first half of fiscal year (FY) 2023. The final day for receipt of new cap-subject H-2B worker applications requesting employment start dates before April 1, 2023 was September 12, 2022. New cap-subject H-2B petitions that are submitted after September 12, 2022 and ask for an employment start date before April 1, 2023 will be denied by USCIS. Source: USCIS Dreamers Wait for a Court Decision While the DACA Program Is Freeze-In-Time The Deferred Action for Childhood Arrivals (DACA) program was codified and strengthened by the Biden administration in late August in an effort to shield the program and its beneficiaries from continued legal risks. DACA provides work authorization, deportation protection, and, in some cases, travel authorization to those who were brought to the nation as children without legal status or who later lost that status. DACA recipients, sometimes known as “Dreamers,” have long been associated with immigrant kids. However, in reality, many Dreamers are already entering their middle years and are starting their own families. Source: Boundless

DHS Publishes Fair and Humane Public Charge Rule The U.S. Department of Homeland Security (DHS) has released a final rule, which will be published in the Federal Register, that clarifies and uniformly applies DHS’s handling of the public charge ground of inadmissibility for non-citizens. Before the previous Administration started to take into account supplemental public health benefits like Medicaid and nutritional assistance as part of the public charge inadmissibility determination, the rule restored the historical understanding of a “public charge” that had been in place for decades. The rule that was just announced demonstrates the Biden Administration’s dedication to reviving confidence in our lawful immigration system. Source: USCIS I-589 and I-765 revised editions were released by USCIS Form I-589, Application for Asylum and for Withholding of Removal, and Form I-765, Application for Employment Authorization, new editions were made available by U.S. Citizenship and Immigration Services on July 26, 22. The Form I-589 and Form I-765 will only be accepted by USCIS as of November 7, 2022, in their respective 07/26/22 revisions. Until then, you may submit either the new versions of Form I-589 (dated 08/25/20) and Form I-765 (dated 05/31/22 and 08/25/20) or their earlier versions. The form and its accompanying instructions have the edition date at the bottom of the page. Please note, however, that due to the Asylumworks vacatur, certain instructions in the earlier editions are no longer valid. Source: USCIS US to make it easier for low-income immigrants to get green cards A Trump-era policy that discriminated against low-income immigrants by preventing them from obtaining legal residency if they used specific government services has been officially overturned by the Biden administration. Those who would burden the United States are not eligible for green cards under the public charge regulation. That was understood for years prior to the Trump administration as being primarily dependent on financial aid, maintaining an income, or receiving help from the government for long-term institutionalization. Source: The Economic Time Some Indian applicants’ statuses regress in October’s Visa Bulletin The Visa Bulletin for October 2022 was published by the U.S. Department of State. India’s EB-2 and EB-5 categories experienced a regression of almost 2 years and 10 months, while other nations observed no change. DHS issued all of the employment-based green cards that were available for the fiscal year 2022, which ends on September 30. However, according to government estimates, roughly 60,000 family-based green cards were not utilized. Those family-based green cards are lost, and instead will be added to the employment-based category beginning October 1, the first day of FY2023. Source: Boundless US educational institutions report an increase in applications from foreign students. Given a rise in applications for the 2022–2023 academic year, institutions of higher education in the United States are optimistic that the number of international students is rebounding. However, a rise in applications does not always indicate a rise in the number of international students enrolled in American higher education institutions. Source: VOA

USCIS Updates Relating to Religious Workers Guidance As part of a reorganization and expansion of current policy guidance pertaining to special immigrant and nonimmigrant religious employees, U.S. Citizenship and Immigration Services (USCIS) is releasing it in the USCIS Policy Manual. The special immigrant religious worker advice has been reorganized for clarity, and this update offers more thorough details on the application process, evidence verification, and site inspection. Source: USCIS By 2043, immigration will be the main factor in U.S. population increase According to a recent assessment by the Congressional Budget Office, immigration will be the only source of population growth in the United States in 20 years. According to the estimate, net immigration, which is calculated as the number of immigrants entering the country minus the number of immigrants departing in a given year, will rise from 950,000 during the next ten years to around 1.1 million by 2052. Source: Boundless Falling short of US Refugee Admissions Cap under the Biden Administration The annual refugee ceiling was established by President Joe Biden at 125,000 last October, but as of July, the program had only accepted 17,690 refugees. Advocates assert that the Biden administration won’t meet its challenging goal for the fiscal year 2022, but they point out that the refugee program is still rebuilding. In October, Biden is anticipated to establish a new ceiling. Aline Barros, a VOA immigration correspondent, wrote the article. Source: VOA

DHS Issues Regulation to Preserve and Fortify DACA The Department’s final rule (PDF), which the Secretary of Homeland Security announced, will preserve and strengthen the Deferred Action for Childhood Arrivals (DACA) policy for a select group of eligible noncitizens who entered the country as children, delaying their deportation and giving them a chance to obtain a renewable, two-year work permit. On Monday, October 31, 2022, the final rule will go into force. Source: USCIS USCIS Exceeds H-1B Cap for Fiscal Year 2023 In order to meet the congressionally mandated 65,000 regular H-1B visa ceiling and the 20,000 H-1B visa U.S. advanced degree exemption, also known as the master’s cap, for fiscal year (FY) 2023, USCIS has received enough petitions. USCIS has finished notifying registrants online accounts of their non-selection. And will keep processing petitions that are not otherwise subject to the cap. The FY 2023 H-1B cap does not apply to petitions submitted for current H-1B employees who have previously been counted against the cap and who still have their cap number. Source: USCIS Diversity Visa 2023 update Selected applicants should only submit the DS-260 immigrant visa application form to the Kentucky Consular Center (KCC) for themselves and any accompanying family members for the Diversity Visa (DV) program for fiscal year 2023 (DV-2023). If the selectee’s visa case number is still valid as shown in the Visa Bulletin after KCC has reviewed the selectee’s DS-260 for completeness, that case may then be scheduled for a visa interview. This carries on the tradition that was established during the previous program year, and a choice based on statistics will be made subsequently for subsequent program years. Source: Travel.State.Gov