WASHINGTON (AP) — A unanimous Supreme Court ruled Monday that thousands of people living in the U.S. for humanitarian reasons are ineligible to apply to become permanent residents.
Justice Elena Kagan wrote for the court that federal immigration law prohibits people who entered the country illegally and now have Temporary Protected Status from seeking “green cards” to remain in the country permanently.
The designation applies to people who come from countries ravaged by war or disaster. It protects them from deportation and allows them to work legally. There are 400,000 people from 12 countries with TPS status.
The Biden administration has ended a policy that allowed the U.S. to reject certain visa applications for any blank space on the form – even if that space didn’t apply to the person – a policy that led to thousands of rejections for otherwise qualified migrants.
What You Need To Know
The Biden administration officially ended a policy that allowed U.S. immigration services to reject certain visa applications with any blank spaces
The policy led to thousands of rejections of otherwise qualified migrants applying for asylum or for a U visa
It’s one of hundreds of little-noticed changes made under the Trump administration that upended the application process
The policy is being challenged in court; immigration lawyers say they’re hopeful the Biden administration can retroactively fix the issue
Former President Donald Trump on Tuesday announced he will offer Venezuelan exiles protection from deportation, a move he has considered for years but refused to do until his last full day in office.
Trump is using the little-known Deferred Enforced Departure program, or DED, to offer temporary legal status to Venezuelans fleeing the humanitarian crisis brought on by Nicolás Maduro’s regime. DED, similar to Temporary Protected Status or TPS, protects recipients from deportation and allows them to get work permits. However, it is granted directly by the president instead of the Department of Homeland Security.
President-elect Joe Biden’s efforts to reverse President Donald Trump’s immigration executive actions may not be as simple as issuing a contrary edict, as court rulings show that the government should consider both the scope of authority as well as underlying reasons for actions taken.
Rule Expected to Protect the Economic Interests of American Workers
WASHINGTON—U.S. Citizenship and Immigration Services has announced a final rule that will modify the H-1B cap selection process, amend current lottery procedures, and prioritize wages to protect the economic interests of U.S. workers and better ensure the most highly skilled foreign workers benefit from the temporary employment program.
U.S. President Donald Trump on Thursday extended a pair of immigration bans that block many “green card” applicants and temporary foreign workers from entering the country, measures he says are needed to protect U.S. workers amid the pandemic-battered economy.
The 2020 AILA Central Florida Chapter’s Annual Conference was held virtually on December 1st and 2nd, 2020 and was a true virtual learning experience. AILA CFC provided a “Conference in a Box” format with two tracks. The first track covered topics such as analyzing crimes for removal, naturalization and what to do when things go wrong, waivers, lessons in particular social group matter of A-B. Track two covered employment, entrepreneurs/investors, H-1B and PERM, prevailing wages, a practical guide to J-1, PERM from start to finish, alternatives to the PERM, worksite compliance audits and LCA compliance, visa bulletin-priority dates-IVP or AOS, and EB2 to EB3 Downgrades.
Tampa Partner Maria Ramos along with Richard Green gave a presentation entitled “EB-2 & EB-3 India, To Amend or Not to Amend? That is the Question.” To learn more visit AILA CFC’s website found here.
(Reuters) – A lawyer for the Trump administration on Monday told a federal judge in California that the “unprecedented economic emergency” triggered by the COVID-19 pandemic justified the adoption of rules limiting the H-1B visa program without first calling for public input.
At a hearing conducted via Zoom, Alexandra Saslaw of the U.S. Department of Justice told U.S. District Judge Jeffrey White in Oakland that the administration believed the restrictions on foreign labor would make it easier for American workers left unemployed amid the pandemic to find new jobs.
And that provides the “good cause” necessary to circumvent the Administrative Procedure Act’s requirement that agencies solicit and review public comments before adopting final rules, Saslaw said.
Tampa Partner Maria Ramos participated as a discussion leader in this past week’s AILA University. Maria and members of AILA’s Business Immigration Response Team (BIRT) addressed AILA members’ most pressing business immigration questions.
Topics covered include:
What tips can the discussion leaders provide regarding filing EB-2 to EB-3 downgrades?
Please comment on DOL’s new prevailing wages and provide recent experiences/advice using private wage surveys.
How should I respond to a USCIS RFE that requests a Form I-944 that was not legally required at the time the adjustment of status was filed?
An O-1 visa holder stuck in London since the travel restrictions were imposed by PP 9996 has an urgent need to obtain a National Interest Exception. What are the O-1 visa holder’s options?
A new lawsuit and economic research have exposed problems with the Department of Labor’s (DOL) new H-1B wage rule. The lawsuit seeks a preliminary and permanent injunction against the new rule, which analysts have concluded was designed to price out of the U.S. labor market H-1B visa holders and employment-based immigrants by raising the required minimum wage to employ them. The research explains why the rule is likely unlawful, harmful to the U.S. economy and will make it difficult for international students to be employed in the United States after graduation.
“On October 8, 2020, without providing prior notice and without affording plaintiffs or the general public an opportunity to comment, the Department of Labor dramatically altered the manner in which it calculates prevailing wage rates for the H-1B program,” according to a complaint filed on October 16, 2020, by the Wasden Banias law firm on behalf of ITServe Alliance, Dots Technologies, Iflowsoft Solutions, Kolla Soft, NAM Info, Precision Technologies, Smart Works and Zenith Services in the U.S. District Court for the District of New Jersey.
“Plaintiffs bring this civil action challenging the Department of Labor’s decision to set dramatically higher wage rates without following the notice and comment rulemaking procedures required under the Administrative Procedure Act,” reads the complaint. “Plaintiffs also challenge the agency’s new wage rates as a violation of the Immigration and Nationality Act, as amended, because the new wage rates are set under a novel standard that conflicts with the governing statutory criteria. The Department of Labor’s new wage rule is also arbitrary and capricious because the agency relied on outdated, incorrect, or limited empirical data, failed to consider readily available, relevant data and empirical studies, and engaged in reasoning that conflicts with basic economic theory.”