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.

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USCIS Has Reached the H-1B Cap for Fiscal Year (FY) 2024

US Citizenship & Immigration Services (“USCIS”) announced they have received a sufficient number of H-1B petitions needed to reach the H-1B cap limit for fiscal year 2024 (“FY 2024”), which runs from October 1, 2023 to September 30, 2024.  This applies to both the congressionally mandated 65,000 FY 2024 regular cap limit, as well as the 20,000 advanced degree (masters) cap exemptions. USCIS also noted it will be sending non-selection notifications to registrants’ online accounts in the course of the next few days.

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DHS Publishes Proposed Rule to Modernize H-1B Program

On October 23, 2023, the Department of Homeland Security (“DHS”) published a Notice of Proposed Rulemaking in the Federal Register to “modernize the H-1B specialty occupation worker program.” There is a sixty-day notice and comment period for the proposed rule, and the public is invited to submit comments on the Federal Register website.

The proposed rule sets out to impose changes to the H-1B program, as well as to codify a number of existing rules. We must point out that the proposed rule is quite lengthy; therefore, our summary does not cover all of the proposed changes. We will outline a few of the most notable proposed changes below which we feel may be of most interest to our community.

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Immigration Could be the Key to US Growth

According to a November 29, 20203 published report by The Brookings Institute (“Brookings”), “new census projections show immigration is essential to the growth and vitality of a more diverse US population.” Immigration could hold the key to issues within social security, health care, and basic demographics as America gets older.

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