U.S. Ends Temporary Legal Status for Hundreds of Thousands of Migrants

In a recent policy shift, the Biden Administration announced in early October that it will not renew the legal status for hundreds of thousands of migrants from four countries, significantly impacting those who have been residing in the United States under temporary protections for years. This change is set to affect people from Cuba, Haiti, Nicaragua, and Venezuela, whose legal status had been tied to Temporary Protected Status (TPS) or similar programs aimed at offering refuge from natural disasters and political instability in their home countries.

Details of the Decision

The Biden administration has decided not to extend the 2-year parole program that have allowed these migrants to remain in the country legally for an extended period. This marks a departure from earlier stances where the administration had focused on providing temporary stay extensions, citing humanitarian concerns and the unstable conditions in the countries of origin. Now, as legal protections expire, many face the looming prospect of losing their right to work and live in the U.S.​ If they do not depart, they could also face deportation.

Alternatives

Affected migrants should consider other viable options if they qualify.  For example, Haitians and Venezuelans may qualify for Temporary Protected Status (TPS), while Cuban migrants can apply for permanent resident status under the Cuban Adjustment Act. Political asylum is also an option for those who have a well-founded fear of persecution if they return to their home country.  Migrants may also consider applying for a green card based on sponsorship by a family member or a U.S. employer.

Impact on Migrant Communities

For those affected, this decision creates uncertainty and fear. Some have lived in the U.S. for decades, building families and careers. Many are parents to U.S.-born children, and the termination of their legal status could lead to the separation of families and force others into a difficult decision between staying without documentation or returning to countries still grappling with political and economic challenges.

The policy shift right before the elections also highlights the broader debate within the U.S. regarding the balance between border security, humanitarian needs, and economic considerations.

Legal Challenges and Next Steps

In response, several advocacy groups have pledged to challenge the administration’s decision in court, seeking to extend protections and prevent the deportation of those affected. These groups argue that the decision undermines the U.S.’s role in providing humanitarian relief and that many of those under TPS status have become integral parts of their communities in the U.S.

The Biden administration’s decision has also drawn criticism from both immigration advocates and political opponents, revealing the complex dynamics at play in the nation's immigration policies. As the situation develops, the affected foreign nationals should evaluate their individual situation and plan for the worse case scenario.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Former President Trump Vows to Carry Out Massive Deportation if Re-elected

 

The 2024 United States presidential election will be held one year from now.  As the forerunner of the Republican presidential nomination, former President Donald Trump has shared his agenda for immigration policy.  Trump made some radical promises to conservative voters that have even surpassed himself.  The following are some of Trump's immigration policies as reported by the media recently:

• Conduct a "massive deportation" to remove hundreds of thousands of illegal immigrants.

• Sign an executive order to end birthright citizenship to children whose parents are not American citizens or legal residents.

• Continue to build and extend the border wall on the southern border.

• Limit political asylum to foreigners, and require them to wait for their hearings in Mexico.

• Give the National Guard and state officials the authority to arrest and deport immigrants living in the U.S. illegally. 

• Deny legal immigration based on the applicants' ideological beliefs, such as Marxists and communists.

• Halt refugee admissions from the Middle East.

• Expand the travel ban to bar the entry of citizens from certain countries, most of them majority Muslim or African.

• Revive Title 42 pandemic-era policy to expel migrants on public health grounds, including unaccompanied children.

As usual, Trump's rhetoric is characterized by intimidation and high-handed tactics.  However, many of Trump's bold promises may be appealing to his supporters but will not likely materialize because of legal, operational and humanitarian challenges. For example, the birthright citizenship has been guaranteed by the U.S. Constitution for decades.  To amend the Constitution would require a two-thirds majority vote in both Chambers of the Congress or by a constitutional convention called for by two-thirds of the State legislatures, both of which are extremely unlikely.  

Deporting hundreds of thousands of individuals would require tremendous amount of resources that our government simply does not have now.  Many illegal immigrants have already built a life here, and deporting them would mean taking away somebody's husband, wife, father, mother, etc. The humanitarian concerns and social issues involved would be difficult to justify.  Legally, his policies will certainly face tough legal challenges in court.

Immigration will likely continue to be a hot topic in the presidential debates. Despite the polarized positions of the political parties, most politicians agree that immigration reform is overdue.  For instance, we need a better system to attract and retain talent from other countries. It is hoped that these debates will result in a comprehensive immigration plan that is both fair and humane. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

President-elect Joe Biden's Immigration Policies

President-elect Joe Biden has announced his immigration policies, which are markedly and expectedly different from those of President Trump.  According to their website information,  the following are some of the actions that the Biden Administration will take on immigration in the first 100 days of Biden's presidency:

Highly-Skilled Workers: Work with Congress to first reform temporary visas to establish a wage-based allocation process and enforcement mechanisms to ensure they are aligned with the labor market and not used to undermine wages. Then, support expansion of the number of high-skilled visas and eliminate the limits on employment-based visas by country, which create unacceptably long backlogs. 

Family-based Immigration:  Allow any approved family-based applicant to receive a temporary non-immigrant visa until the permanent visa is processed; support legislation that treats the spouse and children of green card holders as immediate relatives (exempting them from caps).  Allow parents to bring their minor children with them at the time that they immigrate. 

Employment-based Immigration: Work with Congress to increase the number of visas awarded for permanent, employment-based immigration and promote mechanisms to temporarily reduce the number of visas during times of high U.S. unemployment. Exempt from any cap recent graduates of PhD programs in STEM fields in the U.S. who are poised to make some of the most important contributions to the world economy. 

Naturalization:  Restore and streamline the naturalization process for green card holders to ensure applications are processed quickly. Reject the imposition of unreasonable fees. Devote resources to prioritize integration and promote immigrant entrepreneurship, increase access to language instruction, and promote civil engagement. 

Undocumented Immigrants:  Commit political capital to deliver legislative immigration reform to provide a roadmap to citizenship for nearly 11 million undocumented immigrants. 

Border: Immediately reverse the Trump Administration’s policies of separating parents from their children at the border and prioritize the reunification of any children still separated from their families. End prolonged detention. Stop building of the U.S.-Mexican border wall. 

Asylum: End Trump’s restrictive asylum policies regarding victims of gang and domestic violence,  systematic prosecution of adult asylum seekers for misdemeanor illegal entry, the ability of members of the LGBTQ community to seek asylum, claims based on members of a “particular social group", limitation of number asylum applications, etc.  Facilitate humanitarian resources from faith-based shelters, non-governmental aid organizations, legal non-profits, and refugee assistance agencies. 

Public Charge Rule:  Reverse Trump’s public charge rule. 

DACA/Dreamers:  Reinstate the DACA program and explore all legal options to protect DACA families from inhumane separation. Allow Dreamers to receive federal student aid (loans, Pell grants) and seek education opportunities. 

Travel Bans:  End the travel and refugee bans against Muslims.

TPS/DED:  Protect TPS and Deferred Enforced Departure (DED) holders from being returned to countries that are unsafe.  Offer a path to citizenship through legislative immigration reform to TPS/DED holders who have been in the US for an extended period of time 

Enforcement of Immigration Laws:  Target people who committed serious offences and those who are threats to public safety and national security. ICE and CBP will report directly to the President. 

Military Personnel: Protect and expand opportunities for military personnel and their families. Create a parole process for veterans deported by the Trump Administration to reunite them with their families and military colleagues in the U.S. 

Temporary Workers:  Work with Congress to reform the current system of temporary work visas to allow workers in select industries to switch jobs.  

Visas for Rural Areas: Create a new visa category to allow cities and counties to petition for higher levels of immigrants to support their growth. 

Domestic Violence Survivors: End delays of processing time and triple the current cap of 10,000 on U-visas.

Pre-Election Immigration Policy Updates - Vote to Make a Difference!

As the Election Day is just around the corner, let's summarize the changes in immigration policy that we have experienced in recent months.  Generally, case processing both inside and outside of the US has slowed down tremendously.   Additionally, we've seen some tough measures that were pushed out recently by the Trump Administration before the election.

National Visa Center Processing

National Visa Center (NVC) in New Hampshire is responsible for processing most overseas immigrant visa petitions.  Right after the breakout of COVID-19, we were thrilled to experience very prompt and helpful responses from NVC.  Our inquiries were responded to within a day or two.  Unfortunately, our  excitement was short-lived.  We have seen a gradual slow down in both processing time and response time, probably on account of the pandemic.

For example, for cases that we have submitted the required civil and financial documents as well as the immigration visa petition, there has been no updates yet after two months. With another case, we responded to a request for additional documents two months ago and we just received notice that the case is documentarily qualified. We used to be able to communicate with NVC through designed email addresses but that has also changed; now we must submit inquiries through their public inquiry form.  

USCIS Processing Slowing Down

Similarly, suffering from a budget crisis and political turmoil, USCIS processing time has also slowed down in recent months.  For instance, it is now taking about 4 to 6 weeks to produce filing receipt notices (I-797) for a typical green card application (I-485 adjustment of status). For N-400 naturalization application filed within New York City, the current processing time is between 17 to 33.5 months.  In an attempt to generate revenues, USCIS pushed out a new fee schedule increasing filing fees for many applications including the N-400 Naturalization Application about a month ago.  However, a federal court issued a temporary injunction at the last minute to stop the enforcement of the new fees.

Tough Measures Were Rolled Out

Although the comprehensive fee increases were stopped by court, USCIS has increased individual filing fees. For instance, the I-907 premium processing fee was increased recently from $1,440 to $2,500 for most employment based petitions.  Other tough measures were rolled out rapidly.  

Just about two weeks ago, without prior notices, employers were shocked to find that the prevailing wages that they must pay foreign workers in H-1B status or permanent employment have  been increased at least 20 to 30% in most cases.  

At the same time, the Trump Administration also issued a new rule, to be effective in 60 days, to require specific fields of study for H-1B positions as well as impose new restrictions on the employment of H-1B workers at client site. 

Perhaps the most far-reaching measure that was implemented by DHS has been the implementation of the Public Charge Rule.  This rule requires visa and green card applications to provide personal financial information such as their assets, debts, credit scores, public benefits received, etc., greatly increasing the complexity of many green card applications.  

While the upcoming election is expected to be a political turmoil in and of itself, it is hoped that we will get some better guidance regarding US immigration policies after the dust has settled. 

Cast your vote today to make a difference!

Trump to Suspend Legal Immigration for at least 60 Days

President Trump tweeted on 04/20/2020 that he intended to sign an executive order suspending immigration temporarily. Details of the executive order are not yet released.  Trump stated the suspension would last at least 60 days. Bloomberg news reported today that, based on a draft copy of the order,  the suspension will last 90 days and it applies to immigrants entering the US as legal residents. The draft order makes exception for individuals seeking jobs in food production, helping directly to protect the supply chain, farm workers as well as health care and medical research professionals.  High-skilled workers such as H-1B employees would not be banned outright but would have to provide updated certifications that their employment does not displace American workers.  Trump is expected to sign the final order soon.  Stay tuned.

Presidential Candidates Position on Immigration

Twelve candidates participated in the fourth Democratic Party presidential debate last Thursday in Ohio.  While it is still too early to know who the final party nominee will be, according to the polls the top five forerunners are: Joe Biden, Pete Buttigieg, Bernie Sanders, Elizabeth Warren and Andrew

Yang. What are these candidates' positions on immigration?

All five candidates have expressed a need for change in border policy and ICE methods, condemning Trump's zero tolerance policy that has separated and detained families. Warren and also Sanders in particular have voiced the need to restructure ICE, while Yang says he would instead direct ICE to focus on those engaging in criminal activity. Buttigieg has spoken of a need to evaluate ICE practice to end and prevent problems like the current family separation crisis.

The lead candidates also believe that a path to citizenship should be available even to the undocumented. They also believe that DACA should be reinstated. Biden and Buttigieg have stated that those under DACA, or DREAMers, should qualify as Americans.  Warren and Sanders believe that three and ten year bars should be repealed. Sanders wants to expand DACA and provide immediate legal status for those eligible under the program. Warren supports DACA and wants to expand it to cover more young people through measures such as eliminating the application age requirement. She also says a fair path to citizenship should be available for DACA, TPS, and DED holders. Yang specified that he supports a shorter path to citizenship for TPS and DED immigrants, who are here legally, than for illegal immigrants.

There is overall support toward refugees and putting more resources toward border security. All five candidates except Yang agreed they want to raise the refugee cap to at least 110,000 a year. Warren wants to raise the refugee cap to 125,000 in the first year, then to 175,000 by the fourth year.  Buttigieg wants to increase resources toward mitigating immigration and asylum backlogs. Yang supports raising the cap as well, stating that by how much is to be determined by specific circumstances. He also wants increased resources toward processing the asylum backlog and securing the border. Sanders has stated that he supports expanding the asylum process and aiming deportation at dangerous individuals.

In general, their policies are supportive of immigrants and putting resources toward securing the border without building new barriers. Biden has not given much specifics on his immigration policy, while Warren's proposals are the most strongly pro-immigration. Yang and Buttigieg are more moderate in their support for refugees and changing ICE's methods of border control. Sanders strongly supports ICE restructuring and social programs such as a government health program for undocumented immigrants.  Further details should be released from the remaining candidates once we get closer to the Democratic Party primaries.

37% Increase in Immigration Application Denials

USCIS has released data on immigration application denial rates in recent years. The data, which CATO institute organized in their blog, shows a 37% increase in application denials from 2017 (8.3% denial) to 2018 (11.3% denial). Looking at the years 2016 to 2018, one can observe this upward trend especially in the most popular categories. Higher denial rates of immigration applications, reflecting the more restrictive immigration policy under the Trump Administration, deter foreign nationals from filing for U.S. visas and other immigration benefits. For example, the U.S. State Department reported a 17% decline in the number of F-1 visas issued to foreign students in FY2016. 

Generally, denial rates have risen in almost every category. Specifically, the I-129 Nonimmigrant Worker petition denials increased from 16.8% in 2016 to 22.6% in 2018. This includes the popular H-1B work visa, which allows an employer to sponsor hi-tech and professional workers. Many foreign workers rely on H-1B visas to stay in the U.S. The current denial rate means more than 1 in 5 will likely go out of status, meaning they must stop working and leave the country.

Form I-765 Employment Authorization Document (EAD) denials increased from 6.0% in 2016 to 9.6% in 2018. An EAD allows the holder to work legally and is granted through many different conditions. For examples, EADs are commonly requested by students in Optional Practical Training (OPT) and those pending Adjustment of Status (Form I-485). Without this document, foreigners cannot work legally and may be forced to depart the U.S.

The most dramatic difference is observed in I-131 Advanced Parole documents, which are needed for foreign nationals to reenter the U.S. after international travel. Denials jumped from 8.3 percent in 2016 to 18.1 percent in 2018. Also, denials for I-539 Applications to Extend/Change Nonimmigrant Status rose from 15.6% in 2016 to 17.5% in 2018. Not only is it more difficult to gain legal status, but also to keep or change it.

It is also now more difficult to become an immigrant in the U.S. There are various ways one can be sponsored to apply for legal permanent residence, and all have increased denial rates. The denial rate for I-485 Employment-Based Adjustment to Permanent Residence rose slightly from 5.9% in 2016 to 7.9% in 2018, while the I-140 Immigration Petition for Workers increased from 6.3% in 2016 to 8.6% in 2018. Family-Based Adjustment of Status denials increased from 11.8% to 13%.  I-129F fiancé(e) visa denial rates grew substantially from 13.6% in 2016 to 21.8% in 2017, remaining at 21% in 2018.  It has also become more difficult for citizens and immigrants to petition for their relatives.

These statistics are unsurprising. Over the course of the current administration, USCIS has gradually tightened its policies. Adjudication standards have been tightened significantly, and rules and requirements have been toughened. In addition to foreign students, we are also losing hi-tech and skilled workers to other countries, resulting in long-term social and economic loss to the U.S.

President-Elect's Immigration Policy

Many people are nervous about the newly elected president's immigration policy.  The sentiment is understandable, given the strong rhetoric that we have been hearing since the beginning the presidential campaign.  However, it remains unclear how much of his immigration policy will actually be implemented after Mr. Trump takes office in January.  In fact, the President-elect has already softened his tone in his victory speech by emphasizing that he will be the president "for all of Americans" and will seek "common ground, not hostility; partnership, not conflict."   The following are the immigration-related items on his policy agenda within the first 100 days: 

Building a wall on the U.S.-Mexican border:  Among all the items on Mr. Trump's immigration agenda, this one is most likely to come to fruition.  Mr. Trump has repeatedly announced his intention to build a wall on our southern border to curtail illegal immigration.  However, the devil is always in the details. There will be a hose of logistical, technical, legal and financial issues involved regarding such a plan.  How long and tall should the wall be? What security and safety measures will be implemented?  Who is going to pay for it?  Mexico’s president already stated that his government is not willing to finance such a project.  Mr. Trump had suggested imposing some sort of tax when Mexican citizens send money to Mexico.

In a recent TV interview, Mr. Trump stated that fences will be installed instead of walls in certain regions of the border.

Suspending immigration from terror-prone regions:   To a certain extent this is already being done by the Obama administration.  Anybody with a questionable background is already being scrutinized by the U.S. government; many have already been refused visas to enter the U.S.

Renegotiating NAFTA or withdrawing from the agreement:   As some scholars already stated, it will not be easy for the U.S. to unilaterally back out of the agreement without tremendous rippling effects. The North American Free Trade Agreement (NAFTA) was negotiated and finalized by leaders of Canada, Mexico and the U.S. In fact, two U.S. presidents were involved in the process. The program was approved and ratified by Congress.  Tens of thousands of professionals are working in these three countries under NAFTA.  Killing it completely will definitely cause a lot of economic damage to many businesses.  Renegotiating and amending the terms of NAFTA is a more likely scenario.

Revoking existing programs such as DACA:  The President-elect has vowed to cancel every "unconstitutional executive action, memorandum and order issued by President Obama".  So this will likely include President Obama’s Deferred Action for Childhood Arrivals (DACA) program. This program allows individuals who were brought to the country as children to receive temporary protection from deportation and employment authorization. More than one million individuals have enrolled in the program.  Mr. Trump could stop the program when he takes office.  What remains unclear is how he is going to deal with the existing beneficiaries. 

Canceling all federal funding to Sanctuary Cities:  This action will have significant impact to the finances of many metropolitan areas.  Many major U.S. cities including Seattle, New York, Chicago, Los Angeles, Miami, etc., are Sanctuary Cities.  Cutting their funding will likely affect many social programs. 

Begin removing the more than 2 million criminal illegal immigrants from the country and cancel visas to foreign countries that won't take them back:  Mr. Trump initially wanted to remove all illegal immigrants form the country.  Now his priority is to remove the 2 million criminal illegal immigrants first.  This is merely a continuation of what President Obama has been doing. Unbeknownst to many, record numbers of criminal aliens have been removed from the U.S. under the Obama Administration. As president, Mr. Trump certainly has the authority to direct his Secretary of State to cancel U.S. visas issued to the nationals of foreign countries - such as Iran, Zimbabe, Cuba, etc. - that have refused to accept the return of their nationals. 

Legal immigration and high-tech visas:   Legal immigration and high-tech visas are not on the 100-day agenda of Mr. Trump. His position on the H-1B Visa Program has changed before. Many observers, including CEOs from the Sillicon Valley, believe and hope that, given his business background, Mr. Trump is unlikely to take any drastic actions against the high-tech visa programs. Regarding legal immigration, Mr. Trump stated that he intends to modernize the existing programs to speed up legal immigration and improve efficiency.

For those who are nervous about their immigration status, they should take measures early on before any changes take place. Things to do now -  Apply for U.S. citizenship immediately if eligible;  start any visa or green card petitions, or any other benefit applications as early as possible; and stay in close contact with their immigration attorneys.  

Presidential Candidates Position on Immigration

The following is a survey of the leading Presidential candidates' position on immigration, as expressed in their websites. 

Hillary Clinton:  

• If Congress continues its refusal to act on comprehensive immigration reform, Hillary has a plan to act—and do everything possible under the law to protect families.
• We need comprehensive immigration reform that includes a path to full and equal citizenship.
• Immigration enforcement must be humane and targeted—and she’ll end family detention and close private detention centers.

Bernie Sanders:

• Dismantle inhumane deportation programs and detention centers. 
• Pave the way for a swift and fair legislative roadmap to citizenship for the eleven million undocumented immigrants. 
• Ensure our border remains secure while respecting local communities. 
• Regulate the future flow of immigrants by modernizing the visa system and rewriting bad trade agreements. 
• Enhance access to justice and reverse the criminalization of immigrants. 
• Establish parameters for independent oversight of key U.S. Department of Homeland Security (DHS) agencies.

Donald Trump:

• There must be a wall across the southern border. Mexico Must pay for the wall.
• Triple the number of ICE officers.
• Nationwide e-verify.
• Mandatory return of all criminal aliens. 
• Defund sanctuary cities. 
• Enhanced penalties for overstaying a visa. 
• Cooperate with local gang task forces.
• End birthright citizenship. 
• Put American workers first
• Increase prevailing wage for H-1Bs. 
• Requirement to hire American workers first. 

Ted Cruz:

• Build a wall that works. 
• Triple the number of Border Patrol agents. 
• Finish the biometric tracking system at our nation’s ports of entry.
• End President Obama’s current immigration programs 
• End sanctuary policies.  
• Prohibit illegal immigrants from receiving financial benefits and strengthen E-Verify.
• Suspend the issuance of all H-1B visas for 180 days to complete a comprehensive investigation and audit.
• Halt any increases in legal immigration so long as American unemployment remains unacceptably high.
• Enforce the public-charge doctrine.
• End birthright citizenship. 

Marco Rubio:

• The first step must be enforcement measures that are effective and verifiable. Such measures would include securing the most vulnerable and most trafficked sectors of the southern border, mandatory E-Verify and the full implementation of an entry-exit tracking system.
• The second step is to modernize our legal immigration system toward a merit-based one. That would mean reassigning existing visas away from family-based immigration and toward work- and skill-based immigration, passing reforms for high-tech visas, as well as creating a limited guest worker program for seasonal workers in the agricultural sector to reduce the incentive for these workers to come here illegally in the future.

House Republicans: Immigration Reform is still on the Table

Recently, House Republicans made efforts to reach out to the Latino community and offered renewed pledges that the House will once again pick up immigration reform this year, according to the Washington Post.  These efforts by Republicans rekindled new hope among immigration advocates that immigration reform could still be possible this year to allow the nation’s 11 million undocumented workers and students to have a way to be legalized.

In June, the Democratic-controlled Senate passed a bipartisan plan that contains a multi-year path to citizenship for immigrants who are present in the country illegally. However, the plan was obstructed by the Republican-controlled House, and immigration reform has been viewed by some as being dead on arrival.  Since then, negotiations on immigration between the parties have broken down.

The recent signals by the House Republicans suggest that there may still be a chance that some sort of immigration reform will get passed this year.  Some key GOP leaders have signaled that the House is willing to move forward on legislation that could bring immigration back to the negotiation table.

For example, Judiciary Committee Chairman Bob Goodlatte (R-Va.) disclosed  that his panel is working on four new pieces of legislation dealing with border-control laws.  Mr. Goodlatte emphasized the need “to resolve the status of people living in the country illegally,” without disclosing further details.

There are also reports that Mr. Goodlatte and Majority Leader Eric Cantor (R-Va.) are working on a bill that would grant legal status to young people who were brought to the country illegally by their parents, something similar to the DREAM ACT.   Even so, Goodlatte emphasized that  he does not support a “special path” for citizenship that would give preferential treatment to individuals who entered the country illegally over other legal immigrants.

Immigrant dvocates believe that a comprehensive immigration plan passing the House and Senate remain only a remote possibility.  In fact, more likely than not, House Republicans will prefer to pass a series of “smaller bills” that would tackle different immigration issues individually.  The Obama Administration, on the other hand, insists that any immigration reform must be comprehensive rather than piecemeal.  In fact, this has become be the major roadblock for comprehensive immigration reform this year.

There are also other pressing matters that the federal government has to deal with, including budget, debt ceiling, health care reform, etc. These other issues could take precedence over immigration.  For example, a government shutdown is imminent on October 1 if the budget talks fail in Washington.

If immigration reform law is not passed by the end of this year, the issue will become more complicated in 2014, when lawmakers are running for reelections.  Rather than speaking as one voice, they will be more concerned about their own elections and constituents, hence making immigration reform even more unpredictable.

House bill does not address comprehensive immigration reform

Shortly after the Senate passed its version of Comprehensive Immigration Reform (CIR) bill, the House of Representatives also drafted H.R. 1417 - House's Border Security Results Act of 2013.  The new House bill is different from the Senate bill in that it is not a comprehensive immigration reform plan.  Rather, it is a bill that focuses on border security.  Specifically, it directs the Department of Homeland Security (DHS) to develop a five-year national strategy and implementation plan for security and operational control of the borders, including a plan for implementing a biometric exit system.

H.R. 1417 also requires DHS to submit regular reports and the strategy and implementation plan to the Government Accountability Office (GAO).  For examples, 90 days after the bill is passed, DHS must submit a report on state of situational awareness and operational control; and 180 days after enactment, DHS must submit a plan to implement biometric exit system at Ports of Entry.  The bill directs DHS to consult a national laboratory and other authorities to measure certain "metrics" regarding border control.  Some examples of metrics include:  Illegal border crossing effectiveness rate, illicit drugs seizure rate, and cocaine seizure effectiveness rate.

The House bill does not contain any provisions for allowing the illegal immigrants to be legalized.  It also does not address any issues regarding immigrant visa backlog issues, employment immigration issues, H-1B visa cap, etc.  It is purely an enforcement bill aimed at further securing the borders.  It is consistent with the "step-by-step approach" announced by House Speaker John Boehner.  According to Mr. Boehner, although the majority of House members intend to tackle immigration reform, they will not take up the recent bill passed by Senate. (For highlights of the Sentate CIR bill, click here.) Instead, the House will take a slower approach and draft its own immigration reform bills piece by piece.

Any CIR proposal will likely be challenged in the House, which is controlled by conservative Republicans.
CIR by definition will provide ways to allow the millions of undocumented immigrants in the U.S. to be legalized.  Additionally, in August, Congressional members will take summer recesses to return to their legislative districts.  It is expected that they will face conservatives constituents who are likely be opposed to comprehensive immigration reform.  As such, upon return to the Washington in the fall, some House members may feel pressured to vote down any proposals for CIR.

Still, CIR is far from dead in Congress.  The voting power of new immigrants especially the Hispanics is a huge incentive for the Republican leaders to pass CIR.  It is clear that President Obama wants to pass an immigration reform bill this year, and he also spoke to the lawmakers about his intention.  The House will be the key battleground. Within the House, in order to pass any CIR bill, the Speaker must first agree to bring it to the floor for discussions.  So far, Mr. Boehner has been reluctant to do so.  Even if a CIR is passed by the House, it may likely be quite different from the Senate version.  The two versions must be first reconciled before a final bill can be presented to the President for signature.  Timing is also an important factor in this legislative process, as there are only a few months left in 2013.

Immigration Reform Bill Approved by Senate Judiciary Committee

The Senate Judiciary Committee approved 13-5 a comprehensive immigration bill, S.744, on Thursday night.  The bill was introduced by a bipartisan group of senators known as the Gang of Eight. After several weeks of intense debates, the bill survived more than 200 proposed amendments and is ready to be debated on the full Senate floor beginning the first week of June.  The bill is the most comprehensive U.S. immigration reform proposal in recent decades.  If passed into law, S.744, will change many aspects of the current  immigration system and provide a path for the estimated 11 million of undocumented immigrants to obtain U.S. citizenship.

Understanding and Getting Ready for Comprehensive Immigration Reform (1)

As the economy appears to be recovering, the November elections seem far behind us, and the issues having been discussed so many times from all possible angles, the time is finally ripe for Comprehensive Immigration Reform (CIR).  Although any CIR plan will likely encounter resistance in Congress from conservatives, a bipartisan group of senators including former presidential candidate Republican John McCain recently came together and jointly announced a plan to overhaul our immigration system and provide a mechanism for the estimated 11 million of unauthorized immigrants living in the U.S. a chance to be legalized.  Almost simultaneously, the While House also announced its own plan to overhaul the current immigration system.  While the details of these CIR plans are not yet available, there are some principals and priorities common to these proposals. 

Border Security: First of all, everybody seems to agree that a prerequisite to CIR is border security.  Although after the 911 attacks and the establishment of the Department of Home Security, tremendous amount of resources and funding have already been allocated for border security.   The issue will likely be under the spotlight again.  Most hi-tech equipment and system will be deployed to safeguard our borders and ports of entries.  New entry and visa requirements will also likely be proposed for foreign visitors.

Hurdles to Legalization:  The media likes to label any CIR as “a path to U.S. citizenship” or “a way to become American citizens.”  True, if immigration reform materializes, many unauthorized individuals will eventually be able to acquire U.S. citizenship.  However, what is being left out in the news reports is “when” and “how” these individuals may be able to do that.  Realistically, the road to getting a U.S. passport will prove to be long and winding for the undocumented.  For instance, there is always a threshold of time before which a foreign must be present in the U.S. in order to apply for legalization.  The policy is to discourage any newcomers from trying to enter the U.S. after the plan is announced.   But no matter what date we set for grandfathering, there will always be a group of individuals who would not make the cut.  Then the question becomes: What do we do with them?  Other than entry requirements, the usual requirements for permanent residence status (“green card”) will likely be used in any CIR proposal.  So for instances, individuals who have a criminal background including demeanors and DUIs, prior immigration violations, contagious deceases, etc., may not be eligible for legalization.

Changing the Legal Immigration System:  It is also clear that any new proposal will also require unauthorized individuals to wait in line for their turn for a green card.  Currently, legal immigration in many preference categories is seriously backlogged, making the waiting time for an immigrant visa extremely long.  Fortunately, in almost all CIR discussions, revamping the current legal immigration system is also under consideration.  For example, one proposal is not to count the dependents (spouses and children) when counting the visa number usage.  So a family of three will only use up one visa number instead of three.  Granting foreigners with advance technology and science degrees special visas is also part of the consideration.  The unauthorized individuals will become direct beneficiaries of these changes in the legal immigration system.

Sanctioning Employers:  Any CIR proposal will also likely contain provisions that punish U.S. employers who hire unauthorized workers.  In fact, President Obama’s proposal specifically mentions about this issue.  What is interesting is that there already exists laws and regulations in the area of employer sanctions.  Enforcement of these laws is sometimes relaxed due to political and other considerations.  One way to ensure compliance is through a computerized verification system such as E-Verify.  Currently, use of the system is voluntary.  It is possible the new CIR plan will make it mandatory for employers to use the system to verify status of all employees.   However, any new changes will also have to be balanced with the additional financial and administrative burden imposed on employers, since economic recovery is still our nation is top priority.

2014 Diversity Immigrant Visa Program

The 2014 Diversity Immigrant Visa Program (DV-2014) will begin accepting applications at noon, October 2, 2012.  The Diversity Visa Program, also known as visa lottery, is mandated by Congress to allocate immigrant visas to people from countries with historically low rates of immigration to the U.S. For Fiscal Year 2014, 50,000 diversity visas (DV) will be available for natives of countries who have not sent more than 50,000 immigrants to the U.S over the past five years.  Winners are selected randomly by computer.

Native Country Requirement

Natives of the following countries are not eligible to apply because they sent a total of more than 50,000 immigrants to the U.S. in the previous five years:

Bangladesh, Brazil, Canada, China(mainland-born), Columbia, Dominican Republic, Ecuador, El Salvador, Haiti, India, Jamaica, Mexico, Pakistan, Peru, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam.

Although people born in mainland China are not eligible to apply, those who were born in Hong Kong SAR, Macau SAR, and Taiwan are eligible for DV-2014. Natives of Guatemala are now eligible for DV-2014 too.  Besides, natives from other countries including Singapore, Cambodia, Malaysia, Japan, Thailand, Indonesia, etc. are also eligible for selection.

Exceptions to the Native Country Requirement

Even if a person’s native country is not eligible for visa lottery, there are two other ways that the person may qualify to apply.  First, if this person’s spouse was born in an eligible country, than the person may also apply based on the spouse’s native country.  Secondly, if an applicant was born in an ineligible country such as China, but his or her parents were born in an eligible country such as Taiwan and they were not residing in China at the time of applicant’s birth, then the applicant is also eligible to apply.

Education and Work Experience Requirement

In addition to the country requirement, there is also an education and work experience requirement for  DV-2014.  An applicant must either have a high school education or its equivalent, defined as successful completion of a 12-year course of elementary and secondary education; or two years of work experience within the past five years in an occupation requiring at least two years of training or experience to perform.

Persons in the U.S. and Persons who already applied for Immigration

If a person owns other type of visa which allows him or her to reside in U.S. legally, he or she may still apply for DV-2014 in the U.S.  Even those people who have already applied for other types of immigrant visa (e.g., family based or employment based immigrant visa) may also submit an application under Diversity Visa program.

Who may apply and who to include in a family

For a married couple, if both husband and wife are qualified, they may each submit one application in order to increase the chances of being selected. Which family members should be included in the application?  The application must list the applicant’s spouse and all living unmarried children under the age of 21, including step-children and legally adopted children.  Even if a family member has no intention to immigrate, he or she must be included in the application form. The only exception is that the family member is a U.S. citizen or green card holder.

When and how to submit an entry

Entries for the DV-2014 DV program must be submitted electronically between noon, Eastern Daylight Time (EDT) (GMT-4), Tuesday, October 2, 2012, and noon, Eastern Daylight Time (EDT) (GMT-4), Saturday, November 3, 2012. Applicants may access the electronic DV Entry Form (E-DV) at www.dvlottery.state.gov during the registration period. Paper entries will not be accepted. Do not wait until the last week of the registration period to enter. Heavy demand may result in website delays. No entries will be accepted after noon, EDT, on November 3, 2012.

Importance of following instructions

The DV program makes visas available to persons meeting simple but strict requirements.  Applicants should carefully follow the program instructions to fill-out the application form and submit all required photographs.  Entries not following the official instructions and requirements will be rejected and disqualified.  Furthermore, DHS is technologically capable of identifying fraudulent entries, illegal entries or multiple entries. After an application is submitted, a unique confirmation number is generated.  This number should be kept in a safe place for future reference.

When and how to find out the results

Beginning May 1, 2013, applicants will be able to check the status of their DV-2014 entries online.  Visit www.dvlottery.state.gov, click on Entrant Status Check, and enter the unique confirmation number and personal information. Entrant Status Check will be the only means through which applicants may check the status of their applications.  It will also provide instructions to the winners of the visa lottery how to proceed with the application process, and also notify them of their appointments for their immigrant visa interview. Therefore, it is very important for an applicant to keep the confirmation number.

September 2012 Visa Bulletin: Employment is stagnant, Family advances

The September 2012 Visa Bulletin marks the end of fiscal year 2012 (FY12).  Unsurprisingly, the EB2 category for India and China remain unavailable; and for other countries the cutoff date is still January 1, 2009.  The situation is expected to change by October 1 as new visa numbers will be allocated by law for FY13.   EB3 Philippines, China and India all enjoy different degrees of advancement.

For family categories, there are some nice forward movements.  For examples, F1 advances two months for China, India and the Other Countries. F2A moves forward by seven weeks for most countries.   F2B jumps forward by almost three months to September 15, 2004 for China, India and the Other Countries.

Family	Other Countries	CHINA	INDIA	MEXICO	PHILIPPINES
F1	01OCT05	01OCT05	01OCT05	08JUN93	08NOV94
F2A	08MAY10	08MAY10	08MAY10	15APR10	08MAY10
F2B	15SEP04	15SEP04	15SEP04	22AUG92	01JAN02
F3	15MAY02	15MAY02	15MAY02	22JAN93	22JUL92
F4	08MAR01	22JAN01	08MAR01	15JUN96	01FEB89

 1st: Unmarried Sons and Daughters of Citizens (about 23,000 per year).

2A: The 2 "A" preference is for Spouses and Children (under 21 & unmarried) of LPR's.

2B: The 2 "B" Preference is for Unmarried Sons and Daughters (21 or older) of LPR's.

3rd: Married Sons and Daughters of Citizens.(about 23,000 per year)

4th: Brothers and Sisters of Adult Citizens.(about 65,000 per year)

Employment	Other countries	CHINA	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	01JAN09	U	U	01JAN09	01JAN09
3rd	01OCT06	15DEC05	08OCT02	01OCT06	01AUG06
Other Workers	01OCT06	22JUN03	08OCT02	01OCT06	01AUG06
4th	C	C	C	C	C
5th	C	C	C	C	C

1st: Priority Workers (Extraordinary ability aliens, multinational companies executives/managers, outstanding prof./researchers)

2nd: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability.

3rd: Skilled Workers, Professionals, and Other Workers (Unskilled.)

4th: "Special Immigrants" (Religious & others)

5th: Employment Creation (Investors)