The U.S. Department of State predicts that heavy demand for immigrant visas this fiscal year will cause additional backlogs in the worldwide (including Mexico and Philippines) employment-based 1st and 3rd preference categories starting in July 2024. For June 2024, the employment-based worldwide, Mexico and Philippines 1st preference categories are current (meaning no waitlist for immigrant visas); while the employment-based worldwide, Mexico and Philippines 3rd preference categories have cut-off dates of November 22, 2022 (meaning that only intending immigrants with a priority date earlier than November 22, 2022, can proceed with their immigrant visa applications). There are at least 140,000 employment-based immigrant visas available each fiscal year. The U.S. Department of State uses complicated statistical modeling to try and allocate all available visas throughout the fiscal year by monitoring usage monthly. If usage is heavy during the fiscal year, there are often backlogs in visa categories over the summer. Once the new fiscal year starts on October 1st and the next round of immigrant visas becomes available, those backlogs often (but not always) clear out.
U.S. District Court Temporarily Blocks Key Provisions of Florida’s SB-1718
On Wednesday, May 22, the U.S. District Court for the Southern District of Florida struck down a key part of Gov. Ron DeSantis’ anti-immigrant law. Section 10 of Senate Bill 1718 made it a crime to drive an immigrant who entered the U.S. without inspection into Florida.
The law has deeply impacted immigrants and communities of color at large. Something as simple as a trip to the grocery store or driving to a doctor’s appointment became potentially dangerous and put large numbers of residents at risk of being arrested, charged, and prosecuted with a felony. The American Civil Liberties Union, ACLU of Florida, Americans for Immigrant Justice, American Immigration Council, and the Southern Poverty Law Center successfully sought a preliminary injunction of Section 10 on behalf of the Farmworker Association of Florida and various impacted individuals, arguing that Section 10 unconstitutionally inserts the state into immigration enforcement. The court agreed that the law is likely unconstitutional, and temporarily blocked Section 10 from going into effect. It is expected that the Florida Attorney General’s office will appeal the ruling.
DACA Recipients Will Soon Be Eligible for Federal Health Care Coverage
Some good news for DACA (Deferred Action for Childhood Arrivals)! Under a new rule promulgated by the Biden Administration, federal healthcare coverage will be available to DACA recipients for the first time since DACA was implemented more than 10 years ago. The new rule will allow DACA recipients to enroll in a qualified health plan through the Affordable Care Act insurance marketplace or become eligible for coverage through a basic health program. Up until this point, DACA beneficiaries had been barred from accessing federally funded health insurance despite contributing billions in federal taxes. It is estimated that there are about 580,000 DACA recipients living, working, and studying in the U.S. The addition of federal healthcare coverage is a welcome step for the program.
The Battle Over DACA: Political Divides and the Fate of Immigrant Youth
In the heart of the nation’s political arena, immigration policies are once again taking center stage, casting a spotlight on the fate of the Deferred Action for Childhood Arrivals (DACA) program. With uncertainty looming, senators convened for a hearing today to address what the Senate Judiciary Committee deems an urgent need to protect immigrant youth.
Senator Dick Durbin (IL) chairing the Judiciary Committee, led the discussion by underscoring the invaluable contributions of Dreamers and DACA recipients. However, Senator Lindsey Graham of South Carolina, the committee’s ranking member, struck a different chord in response. Graham emphasized that his current focus lies in addressing what he perceives as the dire state of the border and U.S. immigration policies, expressing reservations about prioritizing the resolution of DACA.
Graham’s stance on the issue suggests a shift from the bipartisan efforts of just a year ago, when both senators introduced the Dream Act of 2023, aiming to grant Dreamers lawful permanent residence. This change underscores the increasingly polarized nature of immigration politics, particularly in the lead-up to the November presidential election.
The DACA program, initiated in 2012 through executive action by former President Barack Obama, has provided a sense of security to over 800,000 young adults brought to the U.S. as children, who lack legal immigration status. However, the program has faced persistent challenges, including attempts by former President Donald Trump to dismantle it. Ongoing lawsuits challenging DACA, primarily led by Republican-led states, have left approximately 400,000 eligible individuals in limbo since a federal judge halted new registrations in 2021.
Despite these hurdles, proponents of DACA emphasize its effectiveness in integrating immigrants into American society. Since its inception, DACA recipients have significantly bolstered the economy, contributing $108 billion in wages and paying a combined $33 billion in taxes, as reported by FWD.us, a bipartisan group advocating for immigration reform.
The DACA debate encapsulates broader tensions within the immigration landscape, reflecting divergent viewpoints on border security, immigration policy, and the rights of undocumented immigrants. As political rhetoric intensifies, the fate of immigrant youth remains uncertain, awaiting decisive action from policymakers grappling with the complexities of the issue.
H-1B FY2025 Cap Data Is Out!
The H-1B cap lottery process has been conducted and completed for this fiscal year. Given the new H-1B regulation and registration process that was applied to this years’ lottery, no one really knew what to expect as far as what the odds of winning would be and how the process would go. This week USCIS finally released the lottery data which tells us:
- 114,017 beneficiaries were selected in the initial lottery this year.
- There was a decrease in the total number of registrations submitted as compared to last year, including a decrease in the number of beneficiaries with multiple registrations submitted on their behalf.
- This year there were ~442,000 beneficiaries who applied for the H-1B lottery whereas last year the number was ~446,000. However, the number of eligible registrations was down by 38.6% this year as compared to last year.
- Beneficiaries with multiple H-1B registrations submitted on their behalf decreased significantly – this year there were ~47,000 eligible registrations for beneficiaries with multiple registrations compared to more than 408,000 last year. That’s an 88% decrease!
This data tells us that while USCIS’s new regulations have improved the H-1B lottery process and made the system more fair, the H-1B system still falls short of offering the number of temporary nonimmigrant work visas that are needed by U.S. employers to cover demand.