On July 15, 2024, the U.S. Department of State (“DOS”) announced updates to more efficiently process employment-based nonimmigrant waivers for certain foreign nationals. In an effort to ease the process of obtaining a waiver of a ground of inadmissibility for foreign nationals who have graduated from colleges and universities in the US, have a job offer, and are applying for employment-based nonimmigrant visas, DOS streamlined its guidance in the Foreign Affairs Manual (“FAM”).
Read moreParole in Place to Promote the Unity & Stability of Families Set to Begin August 19, 2024
On July 17, 2024, United States Citizenship and Immigration Services (“USCIS”) announced that undocumented spouses and children of US citizens who are eligible to apply for legal status and a pathway to citizenship through the parole in place process may submit applications starting August 19, 2024. Additional details about eligibility and the application process will be published in a “forthcoming Federal Register notice.”
Read moreBiden Unveils Relief Program for Undocumented Spouses and Children of US Citizens and Dreamers
On June 18, 2024, President Biden formally announced an immigration program that will afford legal status and a pathway to citizenship to undocumented spouses and children of US citizens who have been living in the US for at least ten years as well as ease the transition to employment-based nonimmigrant status for Dreamers with a US degree and a job offer.
Read moreUndocumented Spouses of U.S. Citizens to be Afforded Legal Protections
President Biden is expected to announce new policy today which will grant undocumented spouses of US citizens a pathway to citizenship, protecting certain individuals from deportation, and providing work permits. Officials briefed on the conversations said it could affect up to 500,000 undocumented spouses. We will update as news develops.
Presidential Proclamation Suspending Entry to Persons Enabling Corruption
On December 11, 2023, President Biden issued a presidential proclamation which prohibits noncitizens found to enable or facilitate corruption from entering the United States. The visa restrictions are part of the Biden administration's anti-corruption initiative, as detailed in the proclamation and fact sheet. The proclamation grants the Secretary of State legal authority to identify individuals "who have enabled, facilitated, or otherwise been involved in significant corruption, including laundered proceeds or obstructed judicial or investigative processes, among other acts," as well as their immediate families, and act accordingly. Additionally, the Secretary of State may exempt any individual if their potential entry may be in the interest of the US. Notably, green-card holders and individuals with humanitarian immigration protections such as asylum and refugee status will not be affected by any visa restrictions.
Read moreRecent Ruling puts DACA in Jeopardy (Again)
On September 13, 2023, the US District Court for the Southern District of Texas ruled that the Biden Administration’s codification of the Deferred Action for Childhood Arrivals (“DACA”) is not legal. The ruling does not prevent DACA beneficiaries enrolled in the program prior to July 16, 2021, to renew their status. United States Citizenship and Immigration Services (“USCIS”) will also continue to accept new applications from first-time, would-be DACA recipients; However, they will not process any new applications.
Read moreUS Expected to Announce Measures to Ease Visas for Skilled Indian Workers
According to a Reuter’s exclusive report the Biden administration is preparing to “facilitate the residence and employment of Indians in the country” by announcing new regulation that will permit “a select group of Indian and other foreign workers on H-1B visas…to renew their visas within the United States, eliminating the need to travel abroad.” The report reaffirms our previously reported news from The Department of State’s (“DOS”) February announcement introducing the prospect of launching a pilot program for H and L visa holders to renew their visas in the US, instead of having to travel abroad.
Read moreBiden and the Border: Last Week Tonight with John Oliver
With the expiration of Title 42 on May 11, 2023, we thought it apt to share the Last Week Tonight with John Oliver April 30, 2023 episode “Biden and the Border” which examines President Biden’s failure to deliver on a key campaign promise to asylum seekers allowing them back on US soil to file for asylum. The British-American comedian, political commentator, and television host, appropriately notes “we’re just entering a different phase of an immigration dystopia, particularly for asylum seekers.” Mr. Oliver shines a light on the administration’s “bad policy and s*itty apps”, namely the “CBP One” app.
Read moreUSCIS Releases Record FY24 H-1B Registration Numbers and Launches Investigation into Fraudulent Entries
Following up on its March 27, 2023 announcement that it had received enough initial registrations for the Fiscal Year 2024 (“FY24”) H-1B Cap, United States Citizenship and Immigration Services (“USCIS”) has released data about the number of registrations received for the visa lottery. USCIS received a record breaking 780,884 H-1B registrations during the three week registration period. Of these over 780 thousand registrations, USCIS determined 758,994 were eligible registrations. This figure excludes duplicate registrations, those with failed payments, and those that were deleted by prospective employers prior to the closing of the registration period. The number of registrations for FY24 mark a sixty-one percent increase from 474,421 eligible registrations received for FY23. This significant increase has raised “serious concerns” and USCIS has begun to investigate potential employers who may have worked together to submit multiple registrations on behalf of the same beneficiary to increase their chance of being selected in the H-1B lottery.
Read moreCOVID-19 Vaccination Requirements for International Travelers to End May 11, 2023
As of May 12, 2023, international air travelers will no longer be required to show proof of COVID-19 vaccination to enter the US by air. The Biden Administration will also end the vaccine requirements for Federal employees and Federal contractors, on the same day which coincides with the end of the public health emergency. The vaccine requirements have been in place since November 2021 when the US government lifted the travel bans instituted at the height of the COVID-19 pandemic to help ease the spread of the COVID-19 virus. The Biden Administration is ending the international air travel COVID vaccine requirement “at the end of the day” on May 11, 2023.
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