The 5 Biggest Immigration-Related Acts and Cases in US History

It’s November already, can you believe it? In addition to colder temperatures and the end of daylight savings times (hello, darkness!), it’s also time for the most “American” of holidays—Thanksgiving. While the history of Thanksgiving is much more complicated than what is commonly taught in schools, it’s nevertheless an opportune time to reflect on our presence in this country as immigrants, refugees, and, yes, colonizers, and also reflect on how we have historically treated other immigrants and refugees. To that end, we are looking back at five major acts and cases in US history that have shaped and influenced US immigration law and policy.

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Forbes: "Trump Plans Far-Reaching Set of New Immigration Regulations"

The Department of Homeland Security released the Unified Agenda this month showing that the Trump administration is proposing new immigration regulations that would have a dramatic effect on employers, international students, H-1B and L-1 visa holders, EB-5 investors, and asylum seekers, among others. Stuart Anderson, executive director of the National Foundation for American Policy, writes in Forbes that the agenda is "ambitious and far-reaching" and an "attempt to lock into place changes to immigration policy that cannot be easily undone, regardless of the outcome of the 2020 presidential election."

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USCIS Proposes to Dramatically Increase Filing Fees   

US Citizenship & Immigration Services (USCIS) announced earlier this month a proposed rule to adjust the fee schedule by a weighted average increase of twenty-one percent. In making the announcement, USCIS noted that unlike most government agencies, USCIS is fee-funded and claims the current fees if left unchanged would underfund the agency by approximately $1.3 billion per year. “USCIS is required to examine incoming and outgoing expenditures, just like a business, and make adjustments based on that analysis,” Ken Cuccinelli, acting director of USCIS, said in a statement. “This proposed adjustment in fees would ensure more applicants cover the true cost of their applications and minimizes subsidies from an already over-extended system.” 

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USCIS Implements $10 Fee for H-1B Visa Registration

US Citizenship & Immigration Services (USCIS) announced a final rule last week that will require petitioning employers to pay a $10 non-refundable fee for each H-1B registration they submit for the H-1B electronic registration system. The agency plans to implement the H-1B registration process for the fiscal year 2021 H-1B cap selection process, assuming successful testing of the system. With this H-1B electronic registration system, petitioners seeking to file H-1B cap-subject petitions, including advanced degree exemption cases, will first electronically register with USCIS during a designated registration period (unless the requirement is suspended). If the electronically registered case is selected in the lottery, then the petitioner will file the H-1B petition.

“This effort will help implement a more efficient and effective H-1B cap selection process,” USCIS Acting Director Ken Cuccinelli said in a statement. “The electronic registration system is part of an agency-wide initiative to modernize our immigration system while deterring fraud, improving vetting procedures and strengthening program integrity.” The final rule will be effective December 9, 2019, and the fee will be required when registrations are submitted. USCIS will announce the timeframe for the implementation and initial registration period in the Federal Register once a formal decision has been made, and the agency indicates that they will offer “ample notice to the public in advance of implementing the registration requirement.”