immigration reform

by Adrianna Romero Adrianna Romero No Comments

President Biden’s Immediate Immigration Plan

On January 21, 2020, President Biden signed six presidential executive actions that will affect immigration and visas in the U.S. immediately.

DACA: President Biden has instructed the Department of Homeland Security to preserve and fortify the DACA program and calls for legislation to provide a path to citizenship for DACA recipients.

Deportation of Liberians: Due to foreign policy reasons, President Biden reinstated and extended Deferred Enforced Departure (DED) for Liberians that are currently present in the U.S. Granting qualifying applicants protection from deportation, work authorization, and the opportunity to apply for adjustment of status (green card).

The Border Wall: Former President Donald Trump declared a national emergency at the southern border to allocate funds to construct a wall along the border. President Biden terminated the declaration of a national emergency, halted construction of the wall, and plans to reallocate funds to other methods of securing the border.

Census: To ensure that all inhabitants and those living in the U.S. are equally represented, President Biden revoked the previous administration’s order to include immigration status in the national census.

Immigration Enforcement: A previous executive action signed by former President Trump broadly increased interior immigration enforcement by encouraging local authorities to enforce federal immigration laws, and stripped funding from “sanctuary cities”. President Biden revoked this order and will adhere to previous policies regarding the enforcement of civil immigration violations.

Discriminatory Bans on Entry: The so-called “Muslim Ban” was several presidential proclamations and executive orders that prohibited people from primarily Muslim countries from seeking admission into the U.S. People from these countries will once again have the ability to apply for visas/admission and the current administration plans to assess the harms caused by the discriminatory bans.

A memo regarding pending regulatory actions issued by White House Chief of Staff, Ron Klain, states that pending rules at the Federal Register that have not been published yet must be withdrawn. Also, the effective dates the the rules that have been published but have not taken effect may be postponed.

As a result, the “Strengthening the H-1B Nonimmigrant Visa Classification Program Final Rule” will be immediately withdrawn. The rule meant to “clarify” how USCIS determines whether there is an “employer-employee relationship” to qualify as a “U.S. Employer.”

The effective date of the “H-1B Wage Selection Final Rule.” will be postponed until March 21, 21. The rule replaced the annual H-1B visa lottery that randomly selects foreign professionals with a process that prioritizes those offered the highest salaries for their occupation and geographic area.

In addition to the signing several executive orders on his first day in office, President Biden has also sent the “U.S. Citizenship Act of 2021” to Congress. U.S. Senator Bob Menendez (D-NJ) has announced that he will lead the legislative effort in the Senate to introduce the bill. Representative Linda Sanchez (D-CA) announced that she will lead the introduction of the bill House of Representatives. The Biden-Harris bill calls for immigration reform that will modernize the current immigration policies to treat noncitizens more humanly and will stimulate the economy.

by CYA CYA No Comments

The RAISE Act – Proposed Bill in the Senate

On February 13, 2017, the RAISE Act (Reforming American Immigration for Strong Employment) was introduced in the Senate. In August, 2017, President Trump publicly backed a new, modified version the bill.

The RAISE Act proposes a number of changes to current immigration policy. You can find a more detailed description of the adjustments here. Below is a summary of some of the key provisions.

First, the RAISE Act would reduce the number of legal permanent resident immigrants by 50% over the next 10 years.

The RAISE Act would also change the current visa application system, turning it into a “merit-based” immigration system. The RAISE Act would institute a points-based system considering different factors, such age, education, and English-language ability. This type of system is used in Canada and Australia.

Additionally, the RAISE Act would alter the current preference system set up for family-based immigration. It would eliminate the preference for the extended and adult family members of U.S. residents. Preference would continue to be given to spouses and children under the age of 18.

Currently, there is a diversity visa program that provides visas for a certain number of immigrants who lack family or employment-based immigration options. Out of the millions of people that apply to the lottery system, 50,000 are chosen and granted visas. The RAISE Act would eliminate this program.

The RAISE Act would also cut the number of refugees allowed annually from 110,000 to 50,000.

The RAISE Act does not, however, make any changes to seasonal visas for guest workers.

To become law, the RAISE Act will have to be passed by both the Senate and the House of Representatives. During the review process, changes may be made to the bill. If both the Senate and the House pass the RAISE Act, President Trump can then sign the final version into law.

by CYA CYA 370 Comments

H-1B Premium Processing Suspended in April

The H-1B visa allows U.S. companies to hire graduate-level works in certain specialized fields. The application process for this type of visa can take up to a few months, mainly because of how long it takes for USCIS to review the application. Until April 2017, USCIS offered a “premium processing” option, which expedited the review process. Through the expedited process, applicants could receive approvals within 15 days. In April, however, the Trump administration temporarily suspended premium processing for up to six months, in an effort to reduce the backlog of long-pending visa petitions.

 

Some argue that the suspension of the expedited process is having a negative effect on a number of industries that rely on foreign workers. In addition to creating practical inconveniences for tech companies and their potential employees, the suspension is also impacting the healthcare industry. In areas of the U.S. that have shortages of American physicians, the communities have started to rely on foreign-born physicians. When premium processing was still an option, foreign-born doctors at completing their residencies at U.S. institutions could receive a job offer, apply for an H-1B visa, finish their residency, and start working within a few weeks. Now, that process could take months, causing a delay that could negatively impact the people in those underserved communities.

 

Others argue that this suspension is necessary to clear up the backlog and is the first step towards more comprehensive reform to the H-1B visa program. They assert that the current lottery system is not adequately responding to the needs of the U.S. economy and it results in American workers being replaced by foreign visa holders. To respond to these concerns, several bills have been introduced in recent months to reform the H-1B visa system.

 

In the coming months, the H-1B program may continue to experience changes. We will update you as to any major developments here on our blog.

 

by SCwpadmin SCwpadmin 410 Comments

Appeals Court Denies Stay in Exective Action Lawsuit

President Obama’s latest executive actions on immigration will remain on hold after a federal appeals court refused to lift an injunction on the two executive orders.

The first order would have implemented Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). The plan would allow parents of US citizens and lawful permanent residents to request deferred action and apply for work authorization for three years provided they have resided in the US continuously for the past five years and pass a background check. The second order would have expanded Deferred Action for Childhood Arrivals (DACA) to include childhood arrivals who were 31 years of age or older when DACA was initially announced, as well as extending the period of work authorization under DACA from two years to three years. DAPA was scheduled to take effect in February, while the DACA expansion was scheduled to take effect this month. Combined, the plans would affect an estimated 4.7 million undocumented immigrants.

Twenty six states filed suit challenging the executive orders as an unconstitutional overreach of presidential power, and a US district judge issued the injunction in February when he sided with the states in the suit. The injunction is now likely to remain in place for the duration of the federal government’s appeal.  The court ruling does not affect the existing DACA program, which will continue to accept requests and issue deferred action and work authorization.

by SCwpadmin SCwpadmin 344 Comments

Challenge to President Obama’s Immigration Reform Moves to 5th Circuit

The lawsuit filed by 26 states against President Obama’s Expanded DACA and DAPA immigration reform programs has been officially scheduled before the 5th Circuit Court of Appeals in New Orleans, Louisiana.  The 5th Circuit will hear arguments from both sides on April 17, 2015 to decide whether the temporary hold on President Barack Obama’s immigration executive action should be lifted.  The Department of Justice, who is defending the President’s Immigration programs, argues that the hold on Expanded DACA and DAPA interferes with the Department of Homeland Security’s ability to keep our borders secure.  In contrast, the 26 states, led by Texas, argue that the President’s implementation of executive action was unconstitutional.

by SCwpadmin SCwpadmin 77 Comments

Federal Judge Keeps President Obama’s Expanded DACA and DAPA Programs on Hold

Federal Judge Andrew Hanen denied a request from the Department of Justice that would have allowed the President’s Expanded DACA and DAPA programs to move forward during the course of the current lawsuit.  By declining to consider this request, President Obama’s Executive Action immigration reform programs will remain on hold at least until a court hearing set for March 19th, 2015.  Applicants will not be able to apply for Expanded DACA or DAPA until a court rules that the President’s immigration reform programs can go forward.  Applicants who qualify for the original DACA announced in June 2012 may continue to apply for this program.

by SCwpadmin SCwpadmin 222 Comments

Highlights from President Obama’s Executive Action Immigration Reform

Last night President Obama implemented sweeping immigration reform.  The President’s reforms will impact many areas of immigration, such as immigration courts and deportations, border security, Deferred Action for Childhood Arrivals applicants, parents of U.S. citizens or lawful permanent residents, foreign students studying in the U.S., spouses of H-1B visa holders, and U.S. businesses, foreign investors, entrepreneurs, researchers, and highly skilled workers.

As noted on the USCIS website, highlights of President Obama’s Immigration reform plan include, but are not limited to, the following:

  • Broadening eligibility for the Deferred Action for Childhood Arrivals (DACA) program to people who came to this country before turning 16 years-old and who have been present since January 1, 2010. Also, extending the period of DACA and work authorization to three years;
  • Enabling parents of U.S. citizens and lawful permanent residents who have been in the United States since January 1, 2010, to apply for deferred action and employment authorization for three years, so long as they pass a background check;
  • Expanding the use of provisional waivers of unlawful presence to include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of U.S. citizens
  • Modernizing and improving immigrant and nonimmigrant programs to grow the economy and create jobs.  Reform in this area may involve changes to the visa bulletin system, National Interest Waivers, and expansion of OPT for foreign students; and
  • Providing work authorization to spouses of H-1B visa holders.

The details of these reforms are currently being formulated by U.S. government agencies.  At present, most details and specifics of the President’s reforms are unknown and will be unveiled in the coming months.

Anyone who believes they may benefit from these reforms, please contact our office to set up a consultation.

 

 

 

 

 

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Tonight: President Obama Plans to Unveil Executive Action Plans for Immigration Reform

President Obama announced yesterday that he intends to utilize his powers of executive action to implement an overhaul to the immigration system in the United States.  While the President stated that he hopes to continue working with Congress to produce a bipartisan, comprehensive immigration reform bill, he commented that because immigration reform has stalled for too long in Washington, it is time to take executive action.  The announcement detailing the specifics of the President’s plan will be released tonight at 6:00pm MST from the White House.  You can watch President Obama address the nation tonight live at, WhiteHouse.gov/Live.

Stern & Curray will provide up-to-date information on the President’s immigration reform announcement, including details regarding eligibility and how to connect with a Stern & Curray immigration attorney, as soon as details are known.  Information will be posted on our blog and on our Facebook page.

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After Midterm Elections All Eyes on President Obama

Following last week’s midterm elections Republicans won control of both the House and Senate for the remaining two years of President Obama’s administration.  Speaking on Sunday, President Obama stated that he would use his executive authority to address the nation’s immigration laws by the end of 2014 and before the new GOP congress is sworn into office.  President Obama commented that while he would prefer to see immigration reform accomplished through Congress, he would not wait any longer to confront the country’s immigration issues.  Stern & Curray will continue to post up-to-date information regarding any changes to the immigration laws as well as President Obama’s executive actions.

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Immigration Lottery Hurting STEM Fields

U.S. immigration policy, especially the quota on H-1B visas, is preventing IT, biotechnology, and engineering companies from hiring the best and brightest professionals even in the face of increasing shortages of qualified workers in the science, technology, engineering, and math (STEM) fields.  According to reports from many sources, there are an ever increasing number of new STEM jobs being created in the U.S. and the competition to fill these jobs is fierce.  Many companies, particularly in the software and mining industries, are having an increasingly difficult time filling open STEM positions.

Nissa Szabo, Industry Affairs Manager of the Colorado Technology Association is well aware of this problem, “In Denver the unemployment rate in the IT and high tech sectors is less than 1%. A lack of available talent poses a major challenge to our members in terms of growing their businesses.”

Many of the news reports on this subject do not make the connection between the critical shortages in STEM positions and U.S. immigration policy.  It is estimated that approximately 50% of individuals pursuing advanced degrees at American universities are foreign students.  Accordingly, half of the available talent being turned out by U.S. educational institutions will need work authorization, usually H-1B visas, to fill open STEM positions.  Unfortunately, U.S. immigration law only allows for 85,000 H-1B visas each year.  During recessionary times, these 85,000 visas would last for six to eight months of a given fiscal year.  Last year, by contrast, on the first week that H-1B visas were available USCIS received almost twice the number of applicants as available visas, and, therefore, established a computerized lottery for determining which applications would receive increasingly valuable H-1B “numbers.”  As a result, approximately half of the applicants who qualified for H-1B status were turned away and many of these deserving candidates had no other option for obtaining work authorization. Given the continuing economic recovery, it is quite possible that USCIS could receive a higher number of petitions when it starts accepting new H-1B applications on April 1, 2014 for the next fiscal year.

As immigration lawyers, we therefore must advise our corporate clients that, notwithstanding the fact that they have engaged in a long and expensive recruitment effort and have found the perfect candidate,  they will have a 50% chance, or less of actually being able to employ their candidate in H-1B status.  In many cases, the individual has already started working for the company as part of their student visa practical training and are already making sizeable contributions.  Should the employer lose the H-1B lottery, it will need to terminate the productive employee. Some commentators describe the U.S. employment-based immigration system as the last bastion of Soviet-style economic planning where the government tells companies who they can and cannot hire.

Unfortunately, the push for comprehensive immigration reform has stalled (hopefully not died) in the U.S. House of Representatives. The bill passed by the Senate, if it became law, would almost double the number of H-1B visas available to American employers. In addition, the bill provides that H-1B numbers could be increased further based on changing economic conditions. The Senate bill also includes provisions to protect against the abusive or fraudulent use of H-1B visas. These provisions represent a reasonable compromise between many different stakeholders and would make great strides in addressing the problems described in this article. Ms. Szabo of CTA agrees: “comprehensive immigration reform would be a major piece in solving the talent dilemma facing CTA’s members.”

At this critical point in time, it is important for attorneys to urge their corporate clients to “weigh in” on this important issue so that comprehensive immigration reform can move forward, more H-1B visas can be made available, and U.S. companies can have the freedom to select and employ the professionals of their choice.

This article by Senior Partner, Ken Stern,  was originally published on January 6, 2014 in Vol. 12,  No.1 of Law Week Colorado.

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