Tag Archives: update

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 News & Updates USCIS

USCIS Proposes New Rule on H-1B Registration Fee Requirement

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On Wednesday September 4, 2019, USCIS published a?proposed rule?in the Federal Register that would require payment of a $10 fee from all petitioners filing a H-1B cap-subject petition. The rule would apply to each?registration submitted for the selection process, and is expected to be applicable to 2021 fiscal year cap filings. The 30-day public comment period is now open, with comments due 10/4/19 via mail or the Federal eRulemaking?Portal:?www.regulations.gov.

The new fee, which was excluded from the original January 2019?final rule?that introduced the new online registration requirement, is expected to result in a marginal increase in costs for selected selected petitioners, and a?cost savings for both unselected petitioners and the government. This is one in a series of steps toward implementing the new electronic registration system for H-1B filing. Details remain to be released about the new process,?which will be in place for the April 2020 H-1B filing season.

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).

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