Immigration News

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.

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.

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.

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.

USCIS announced last week that the Form I-693 Report of Immigration Medical Examination and Vaccination Record will no longer expire and can be used indefinitely so long as it was properly competed and signed by a U.S. civil surgeon on or after November 1, 2023. Woo!

Getting the medical exam completed can be expensive and time-consuming. Previously, long processing timelines resulted in applicants for lawful permanent residence needing to re-do their medical exams before their green card could be issued. Now, thanks to updates to public health electronic notification and recommendations from the CDC, USCIS has determined that a Form I-693’s evidentiary value should no longer be limited to a certain period if it is properly completed and was signed by a civil surgeon on or after Nov. 1, 2023. Of course, USCIS officers always have discretion to request more evidence or a new or updated Form I-693 if they have reason to believe the applicant’s medical condition has changed, that the Form I-693 submitted does not accurately reflect the applicant’s medical condition, or the applicant may be inadmissible on other health-related grounds.

If an applicant’s immigration medical examination was completed before Nov. 1, 2023, the prior policy still applies and the medical exam results will be valid for two years from the date of the civil surgeon’s signature.

The I-693 is filed when someone applies to get lawful permanent residence in the United States as a way of showing that they are not subject to any of the medical grounds of inadmissibility. Four general medical conditions can arise to make someone ineligible for permanent residence in the U.S. based on medical grounds. Those include:

1. Drug abuse or addition;
2. Failure to show proof of required vaccinations;
3. A communicable disease of public health significance; and/or
4. A physical or mental disorder with associated harmful behavior.

Public health concerns have been reflected in U.S. immigration law since the Immigration Act of 1882. Among other concerns, “persons suffering from a loathsome or a dangerous contagious disease” were not allowed to enter the United States. In 1990, Congress narrowed health-related grounds of inadmissibility to include only noncitizens with communicable diseases, physical or mental disorders with associated harmful behavior, or those with drug abuse or addiction problems. As of 1996, Congress began to require that all immigrant visa and adjustment of status applicants establish that they have been vaccinated against certain vaccine-preventable diseases.

If you’re looking to become a lawful permanent resident in the U.S. and have questions about health-related grounds of inadmissibility, reach out for a consultation.

The Department of Homeland Security (DHS) published a temporary final rule that will increase the automatic extension period applicable to certain expiring Employment Authorization Documents (EADs) to up to 540 days from the expiration date stated on the EADs. The temporary final rule is effective as of April 8, 2024. DHS is effecting these changes to prevent renewal applicants from experiencing a lapse in their employment authorization and documentation. Without this temporary rule, DHS estimates that approximately 800,000 renewal EAD applicants would be in danger of having their applications remain pending beyond the current 180-day auto-extension period because of USCIS processing delays. Thus, the 540-day extension is a welcome and necessary update. Comments on the temporary final rule are due by June 7, 2024.

It has been a whirlwind of a first quarter for USCIS and immigration attorneys across the country. In addition to USCIS announcing the conclusion of the H-1B Cap Lottery selection process yesterday, it was also the first day that USCIS’s new fee rule went into effect. Additionally, it was the first day that new versions of some of the most common immigration forms such as the I-129 and I-140 took effect. For some of these forms there is no grace period to accept prior editions of the forms, while for others prior editions will be accepted through June 3, 2024. The filing location for many immigration applications and petitions has also changed. CYA attorneys and staff are closing following all these updates and moving pieces. Never a dull moment trying to stay on top of the many substantive and procedural changes in the world of immigration! If you have questions about these or other changes, please reach out to your attorney or schedule a consultation with us.

This afternoon, USCIS announced that it had finished the process of notifying the winners of the H-1B Visa Lottery. All those “selected” to proceed, must file their H-1B petitions by June 30, 2024. Later in the summer, if USCIS determines that there are still H-1B visas available for this fiscal year, USCIS will initiate another round of “selections.”

USCIS’ new fees, forms and filing locations will be effective starting on Monday, April 1, 2024. On March 29, 2024, the U.S. District Court for the District of Colorado denied the Plaintiffs’ request to stop the new fees from going into effect, stating that the Plaintiffs’ failed to meet their burden of proof. (Moody, et. al. v. Mayorkas, et al. (Case No. 1:24-cv-00762, 3/19/24)).

The H-1B Cap Registration period closed on Monday, March 25, 2024, at 12 noon ET. USCIS has announced that it has run the lottery and notifications are being sent to myUSCIS accounts and will continue to be sent for the next few days. USCIS will make an official announcement once all the selection notices have been sent. Those that have been selected in the initial round of selections will have until June 30, 2024, to file their H-1B petitions. USCIS will then evaluate whether another round of selections will be made depending on how many of the 85,000 (65,000 for the Bachelor’s Cap and 20,000 for the U.S. Advanced Degree Cap) H-1B visas have been used. It seems like USCIS is taking a bit longer to send out all the selection notices this year, likely because of enhanced system checks for duplicate beneficiary registrations.