Tag Archives: news

Categories Global News & Updates

RELIEF Act Introduction Brings Both Senate Immigration Bills To Standstill

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The?journey?of H.R.1044/S.386 through the Senate hit another roadblock as S.2603, the?Resolving Extended Limbo for Immigrant Employees and Families (RELIEF) Act,?was brought up for a vote by unanimous consent. At least one senator objected, blocking the unanimous consent fast-track and stalling both bills for the time being. A unanimous consent vote on H.R.1044/S.386 was originally expected to be held on Thursday, October 17th.

The RELIEF Act was introduced to address the massive green card backlog, with the goal of eliminating the backlog over five years. Building on S.744, the 2013 bipartisan comprehensive immigration reform bill, the bill would clarify spouses and children of Legal Permanent Residents as immediate relatives and exempt ?derivative beneficiaries? of employment-based petitions from the annual caps that contribute to the backlog. It would also protect children who qualify based on a parent?s petition from ?aging out? while waiting for approval, helping to keep families together.

We will continue to monitor developments and share updates as more information becomes available. If you have any questions, please feel free to contact your Graham Adair representative. For more frequent updates, please follow us on Twitter (@GrahamAdairLaw).

Categories Global News & Updates USCIS

Amended Public Charge Rule Will Not Go Into Effect on October 15th

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Earlier this afternoon, a federal judge in New York issued an injunction against the recently amended “public charge” rule. We discussed the amended public charge rule?a few weeks ago. People deemed to be a public charge may be prevented from applying for permanent residency. The amended rule altered the definition of “public charge” to include?an individual who receives one or more designated public benefits for more than 12 months, in the aggregate, within any 36-month period. Additionally, it was broadened to include many common services, such as public housing assistance, food stamps, supplemental income, and certain Medicaid costs.

The temporary injunction issued today will prevent the amended public charge rule from taking effect on Oct. 15.

The rule is being challenged in several federal courts by immigrants’ rights groups and more than a dozen state attorneys general.?While the public charge requirement has been a long-standing rule, it has not previously been defined this specifically.

As the rule continues working its way through the court system, we will continue to monitor it and provide updates. But for now, people filing for permanent residency will not be subjected to the newly amended public charge rule.

For more frequent updates,?please follow us on?Twitter?(@GrahamAdairLaw).

Categories Global News & Updates

UPDATED: Fairness for High Skilled Immigrants Act Goes Before Senate

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UPDATED 9/20/19
H.R.1044/S.386 went before the Senate on Thursday and was blocked by a Senator who expressed unenumerated concerns about how the new rules would impact specific industries. Leading proponents of the bill say they will work to address those concerns and bring it up for a vote again next week.?We will continue to monitor developments and share updates as more information becomes available.

9/19/19
After passing the House with 365 bipartisan votes, H.R.1044, the Fairness for High Skilled Immigrants Act will be brought before the Senate today, September 19, 2019 as S.386. U.S. Senators Mike Lee and Kamala Harris have led negotiations with Senator Rand Paul, who agreed to remove his hold on the bill after reaching a reasonable compromise.

H.R.1044/S.386 would remove the per-country quotas for employment-based immigrant visas, reducing the green card backlog. The per-country quota currently remains at 7% of total annual green cards, meaning Iceland (pop. ~338,000) has the same quota as India (pop. ~1.3 billion). The resultant backlog has resulted in extreme wait times and uncertainty for employers that rely on highly-skilled immigrants. Eliminating the quotas and backlog is intended to ensure that the United States continues to attract top talent from around the world.

The bill is expected to be brought up by Unanimous Consent, expediting the process.?We will continue to monitor developments and share updates as more information becomes available.

Categories News & Updates USCIS

Plan to Terminate H-4 Work Permit Program Delayed, DHS Seeks to Put Lawsuit on Hold

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A memo from the U.S. Department of Justice, dated 9/16/19, has indicated that anticipated changes to the visa program which has allowed H-4 visa holder spouses of H-1B workers to obtain Employment Authorization Documents (EADs) will not be issued until the spring of 2020 at the earliest. The plan to eliminate the work authorization for H1-B spouses was formally introduced in February of 2019, with a proposed rule from USCIS and the Department of Homeland Security (DHS) “Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization.? The new regulations, currently under federal review, were initially expected to be published this year.

The U.S. Court of Appeals for the District of Columbia is?currently hearing a lawsuit seeking to invalidate the H-4 EAD rule. The suit was filed by anti-immigration group Save Jobs USA, arguing that the DHS had no authority to issue the initial H-4 EAD rule, which was introduced in 2015. DHS lawyers maintain that the suit should be put on hold due to the ongoing efforts by the administration to?rescind the program. According to the?memo??…DHS?s intention to proceed with publication of the H-4 EAD proposed rule remains unchanged. At this point, DHS has informed counsel that it believes the earliest possible publication date for that rule would be in spring 2020. Although that timeframe is aspirational, DHS believes that the September 27, 2019 oral argument should be removed from the calendar and postponed??

We will continue to monitor developments and share updates as more information becomes available.?If you have any questions, please feel free to contact your Graham Adair representative. For more frequent updates,?please follow us on?Twitter?(@GrahamAdairLaw).

 

Categories Global News & Updates

BREXIT: Anticipated Changes Under New PM Boris Johnson

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Mr. Boris Johnson was elected as the new PM of the UK in July 2019 after former PM, Theresa May, stepped down. Much of the angst surrounding the UK in light of the PM switch has been how Brexit would be handled.

Previously, under PM Theresa May, the UK was set to leave the EU on March 29, 2019. Theresa May?s government had plans in place in the event of a no-deal Brexit allowing free movement of EU nationals until January 2021 and offering an EU Settlement Scheme. After many failed attempts to pass a resolution, the UK leave date was delayed to October 31, 2019 with, or without, a deal.

Former PM Theresa May?s plans in the event of a no-deal Brexit included free movement until January 2021 and a grace period where EU nationals could apply for settled status up until December 31, 2020. The Government?s previous plans in the event of a no-deal Brexit, however, are now being significantly altered by the PM Boris Johnson?s Government signifying that a no-deal Brexit would include ending free movement immediately on October 31, 2019, and that the UK will absolutely leave no matter what. The Government further notes that it does not have an immigration plan in place on how a new system will impact EU national residents before and after exit day? this poses a chaotic scenario for several UK-based companies with international employees from the EU given that there are only 73 days left until the October 31, 2019 deadline.

As of now, there are no signs as to what a new immigration system would look like that will replace free movement, leaving significant unclarity as to how UK-based companies will move EU national employees into the UK after the deadline. The deadline to apply for settled status is still December 31, 2020. However, there will be many EU nationals traveling after October 31, 2019 who will not be able to establish that they have been a resident in the UK before exit day (a key factor and benefit of ?free movement?). In addition to the new changes, it is unclear whether new EU arrivals will be able to work in the UK after October 31 meaning UK businesses will have no idea whether they can recruit EU nationals for openings after the exit date. The UK Home Office indicates that new plans will be announced very soon.

In light of this scenario, UK employers are encouraged to have their EU national employees, and their family members, apply for settled status under the EU Settlement Scheme. Those who have lived in the UK for extended periods of time may be able to apply for Permanent Residence or even citizenship, avoiding the requirements of the new system.

We at Graham Adair Inc. are dedicated to helping businesses support employees through Brexit and are closely monitoring the volatile Brexit changes. Please contact us at Graham Adair Inc. as we are closely connected with our UK Local Office and are open to answering questions.

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