Search results for: biden executive order

President Joe Biden has ordered a temporary suspension of asylum applications for migrants who cross the southern border illegally between ports of entry.

This suspension went into effect at midnight on June 5 because the number of illegal border crossings (or encounters) has reached the order’s threshold of 2,500 per day. If illegal encounters drop to 1,500 or fewer for 14 days, the suspension will be lifted; but it will be reinstated if the 2,500 threshold is breached again. The president stated that he took this action in response to Congress’ inability to pass the necessary legislation to remedy the border problem. He noted, “Doing nothing was not an option. We [had] to act.”

The order also calls for the quick deportation of illegal crossers to their home countries. The assumption is that if individuals understand they will not be able to remain in the United States to await asylum hearings, they will not make the arduous and often expensive trip to the border. The order will act as a deterrent to illegal immigration.

There are humanitarian exceptions to the order for unaccompanied minors and those who have been subjected to severe forms of trafficking. Those who have valid visas or other forms of lawful residence in the United States are also not covered by the order.

The authority for President Biden’s order is INA Section 212(f), the same section  that former President Donald Trump had relied on in promulgating rules attempting to control asylum applications at the border. Those rules were enjoined. The Biden Administration, however, noted that its order is very different from Trump’s bans for a number of reasons, including its humanitarian exceptions. Nevertheless, immigrant advocates have already said they are challenging the new order in court.

Migrants who do not cross the border illegally between ports of entry will still be able to use the CBP One app to make appointments to claim asylum. They will also be able to use the various other pathways, such as parole policies that have been created for citizens or nationals from countries that include Cuba, Haiti, Nicaragua, and Venezuela.

The Department of Homeland Security (DHS) has surged agents to the border and launched a Recent Arrivals docket to resolve cases more quickly for migrants seeking asylum. Absent additional funding from Congress, it is not clear how well this will work. Moreover, it is not clear whether this “surging” will affect other DHS backlogs.

Jackson Lewis attorneys are available to answer any questions you may have about the new executive order and its effects.

In response to the Executive Order (EO) on Artificial Intelligence, on December 21, 2023, the Department of Labor (DOL) issued a request for information in the Federal Register asking for public comment on possible additions to the Schedule A list, including more STEM or non-STEM fields.

On October 30, 2023, as part of the EO, President Joe Biden directed government agencies to identify new pathways, and build upon existing programs, to attract and retain the best foreign nationals with AI (and other emerging technologies) knowledge, skills, and education. One of the directives was to solicit input, within 45 days, on how to identify AI occupations (and possibly others) for inclusion on the Schedule A list of occupations that have a fast track to permanent residence (“green cards”).

Schedule A occupations do not require that the employer conduct a labor market test because the government has already concluded there are insufficient numbers of qualified U.S. workers available in those fields. To date, Schedule A occupations have been limited to physical therapists, professional nurses, and immigrants of exceptional ability in the sciences or arts, including certain college and university teachers, and immigrants of exceptional ability in the performing arts. Expanding the Schedule A occupation list will significantly enhance the ability of employers to attract and retained highly skilled employees.

DOL will accept input, including statistical data and other relevant information, on how the agency should establish a reliable, objective, and transparent methodology for revising Schedule A to possibly include more occupations until February 20, 2024.

Schedule A was established in the mid-1960s. Since then, there have been eight revisions (none were major) and the last revision was in 2004. DOL notes the United States is facing “headwinds” in developing enough U.S. workers in STEM (and some non-STEM) careers to replace those workers who are retiring. To build a stronger economy and meet AI challenges, DOL wants to know:

  • What are the sources of data the agency should use to establish unmet need?
  • How should the agency determine the severity of the shortages in various fields?
  • Should Schedule A include new STEM and non-STEM fields?

Jackson Lewis attorneys are available to answer your questions about how this might affect employer’s green card policies and to advise about the submission of comments to DOL regarding the possible expansion of the Schedule A list.

On October 30, 2023, President Joe Biden issued an Executive Order regarding the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.” The Executive Order (EO) directs departments and agencies throughout the government, including the Department of Homeland Security (DHS) and the Department of State (DOS), to develop plans and policies to establish new standards for artificial intelligence (AI) use.

To this end, the EO calls for DOS and DHS to identify new pathways, and build upon existing programs, to attract and retain the best foreign nationals with AI (and other emerging technologies) knowledge, skills, and education.

This includes:

  • Streamlining visa processes for noncitizens who seek to enter the United States to work on, study, or research AI, including making more visa appointments available for those individuals;
  • Adding highly skilled talent in AI, including J-1 research scholars and F-1 students in STEM fields, to the list of those who will be able to take advantage of the upcoming program to allow visa renewal inside the United States;
  • Consider changes to the DOS’s J-1 Exchange Visitor Program so that those with AI skills can participate in these programs without becoming subject to the two-year home residence requirement which necessarily interrupts their ability to work in the United States;
  • Make appropriations available for programs to identify and attract top AI talent to U.S. universities, research institutions, and the private sector, including overseas educational components to inform top STEM talent of all U.S. visas options available to them;
  • Publish in all relevant languages informational resources, including a comprehensive guide on options for AI experts to work in the United States;
  • Initiate policy changes necessary to modernize immigration pathways for AI experts, including nonimmigrant and immigrant visas for those with outstanding or exceptional ability (i.e., O-1A nonimmigrant visas), EB-1 and some EB-2 immigrant visa petitions, and also target AI experts who are founders of start-ups to use the International Entrepreneur Rule to work in the United States;
  • Continue the H-1B modernization rulemaking process to make sure it supports the ability of those with AI skills to enter the United States and adjust status to permanent residence;
  • Solicit input on how to identify AI occupations for inclusion on the Schedule A list of occupations that have a fast track to permanent residence (“green cards”) because there are insufficient numbers of qualified U.S. workers available in the field.

DHS and DOS are already working on streamlining visa processes by eliminating backlogs, piloting stateside visa processing, and making it easier for those in STEM fields to enter and remain in the United States. With the EO, those in STEM fields, particularly those involved in AI, will be solicited by the United States and may have some additional advantages in terms of immigration opportunities.

Issuance of a Request for Information for possible additions to the Schedule A list is expected within 45 days, with other reports and plans to be issued over the year.

Jackson Lewis attorneys will be closely monitoring implementation of the EO and are available to answer questions you may have about possible new immigration options for AI workers.

On the same day his nominee for Secretary of the Department of Homeland Security (DHS), Alejandro Mayorkas, was confirmed, President Joe Biden signed several Executive Orders regarding immigration, including one that directs complete review of policies.

The first, “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans,” is of particular interest to the business community.  It sets up a task force to conduct a top-to-bottom review of recent changes that have created barriers to legal immigration, including employment based. This will include a review of the public charge rule, fee increases, and streamlining of the naturalization process, among others. Recognizing the difficulties created over the past four years by the many unpublicized rule, policy, and guidance changes, this Executive Order directs a comprehensive agency review of all immigration-related regulations, orders, guidance documents, policies, and other similar agency actions that impede access to fair and efficient adjudications. It likely will include a review of the policies that led to a 21% denial rate and a 47% Request for Evidence (RFE) rate for H-1B petitions in FY 2020.

The second looks to roll back damaging asylum policies and develop an effective strategy to manage asylum cases across the region.

The third creates a task force to reunify families that were separated at the border.

These latest Executive Orders build on changes already made since January 20, 2021, including:

These Executive Orders and policy announcements are consistent with the administration’s stated goal of creating an immigration system that is more welcoming to immigrants and to the employers who rely on them. President Biden recognizes that “new Americans fuel our economy, as innovators and job creators, working in every American industry and contributing to our arts, culture, and government.”

Jackson Lewis attorneys will provide updates as they become available. Our attorneys are ready to assist with questions regarding changes and strategies.

 

 

 

 

 

The Biden administration announced that restrictions on travel known as the “14-Day Rules” will remain in effect, despite former President Trump’s decision to terminate some of them. These rules restrict entry by most non-U.S. citizens and non-Green Card holders from China, Iran, the United Kingdom, Ireland, Brazil and the 26 Schengen Zone countries.  While there are exemptions and national interest exceptions, these restrictions prevent travelers who have been in the named countries within 14 days prior to departure from entering the United States. On Saturday, January 30, 2021, South Africa will be added to the list of restricted countries due to the new strain of COVID discovered in that country. The new strain has not yet been discovered in the United States.

As of January 26, 2021, under CDC regulations, individuals who can travel to the United States will be required to provide proof of a negative COVID-19 test within three days of departure or documentation of recovery from COVID-19 before boarding flights. This requirement applies to all passengers over two years old flying to the United States from abroad, including U.S. citizens and Green Card holders. More than 120 countries have similar requirements. The White House confirmed that at this time there will not be any waivers for travelers coming from countries where testing is limited. The CDC also directs people to stay home for seven days upon return and get tested three-to-five days after return.

As a further preventive measure, mask-wearing will be required domestically at all airports, on commercial aircraft, trains, public maritime vessels, including ferries, and intercity bus services and on all federal properties.

Jackson Lewis will continue to follow these changes and provide updates as they become available.

President Joseph Biden signed the Proclamation on Ending Discriminatory Bans on Entry to The United States (“Proclamation Ending Discriminatory Bans”) during his first hours in office, terminating the controversial Muslim Ban and its sequel, the Africa Ban.

The Muslim Ban was based on an Executive Order (EO) that former President Donald Trump signed almost four years ago during his first days in office. Litigation around that Executive Order kept the Muslim Ban from going into effect until June 2018, when the U.S. Supreme Court upheld the ban in a 5-4 vote. The new Proclamation Ending Discriminatory Bans also will terminate some previously instituted proclamations regarding extreme vetting.

The Muslim Ban affected individuals from seven countries: Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen. While there were some exceptions, the EO basically blocked entry of citizens from those countries as immigrants or nonimmigrants. (Venezuela’s ban was directed solely at government officials and their family members.) Although waivers were available, almost 75% of all waiver requests reportedly were denied. The Africa Ban, issued in early 2020, blocked individuals applying for immigrant visas from Eritrea, Kyrgyzstan, Myanmar, and Nigeria and individuals applying for Diversity Visas from Sudan and Tanzania.

The Proclamation Ending Discriminatory Bans does not affect other travel restrictions related to COVID-19, including the Presidential Proclamations blocking the entry for immigrants and certain nonimmigrants due to economic conditions brought on by COVID-19. The Presidential Proclamations related to travel restrictions from the UK, EU, and certain other countries due to COVID-19 contagion concerns  will also remain in effect, notwithstanding the Trump administration’s indications that these would be withdrawn as of January 26, 2021.

Under the new Proclamation Ending Discriminatory Bans, the Department of State (DOS) will provide a proposal for how to reconsider applications denied based on now-suspended restrictions, a plan for adjudicating pending waiver requests, and recommendations on how to improve the vetting and screening process, including an assessment of the benefits of using social media identifiers in that process, among other things.

If you have any questions regarding the web of travel restrictions terminated and those still in effect, please reach out to your Jackson Lewis attorney.

USCIS is processing naturalization cases faster than they have in years, and the agency is managing to cut down on its naturalization backlog. Given the current average timing, eligible green card holders who applied early in the summer 2024 might be sworn in in time to vote in the upcoming November elections.

Of course, field offices vary in processing times, but USCIS stated it was effectively eliminating the net backlog of naturalization applications and reducing the median processing time from 10.5 months to as little as five months. This is a 50 percent drop in processing time since 2022, achieving the agency’s longstanding goal and significantly reducing waiting times for most individuals seeking U.S. citizenship. Naturalization has always been a target of note in the agency’s backlog reduction effort. This was achieved by increasing capacity, improving technology, and expanding staffing.   

Naturalization cases often increase ahead of elections. Voting is not the only personal benefit of citizenship. Immigrants who become U.S. citizens may also serve on juries, travel on a U.S. passport, bring family members to the U.S. more easily, apply for certain federal jobs, run for federal office, become eligible for certain federal grants, scholarships and benefits, and, importantly, have the right to remain in the U.S. that cannot be taken away. Beyond that, findings show that naturalized citizens have higher employment rates and earn between 50 and 70 percent more than noncitizens. Increasing the number of citizens also helps the economy in general. It leads to an increase in tax revenue and greater home ownership.

When President Joe Biden came into office, he issued an executive order to reduce naturalization barriers to strengthen the integration of new Americans. About 100,300 naturalization petitions were denied in FY 2023, a 10 percent drop from the 111,600 petitions denied in FY 2022. The Biden Administration also made the naturalization application shorter and, while it raised the naturalization fee, a number of discounts are available.

Eligibility requirements for naturalization include age, continuous residence, physical presence, jurisdiction, knowledge of U.S. history, civics, and English, and good moral character.

Jackson Lewis attorneys are available to assist you in determining whether you meet the requirements for citizenship and can assist in preparing and filing naturalization applications.

President Joe Biden announced protections for undocumented foreign national spouses of U.S. citizens who have lived in the United States for 10 years without a legal immigration status. This will protect approximately 500,000 such spouses from deportation and fear of deportation. The program is expected to launch by summer’s end.

This comes on the 12th anniversary of the Obama Administration’s Deferred Action for Childhood Arrivals, or DACA program, and comes on the heels of President Biden’s new southern border restrictions.

What was the problem?

The law allows a foreign national spouse of a U.S. citizen to apply for lawful permanent residence (a “green card”) and eventual U.S. citizenship through a process that usually does not involve a lengthy separation from the U.S. citizen spouse. But individuals who entered the United States in an unlawful manner accrue “unlawful presence” and are  required to return to their home countries to  receive permanent residence through a process involving the U.S. consulate.  

The law takes a punitive turn here. Once that undocumented person departs the U.S. to process the immigrant visa, they are barred from returning for up to 10 years depending upon the length of their unlawful presence in the United States. The law was designed to discourage people from coming to the United States unlawfully but it had the opposite effect of what was intended: people who were facing a 10-year separation from their families were understandably reluctant to leave even if it meant that they would be able to legalized. Instead, undocumented people with U.S. citizen spouses and children have largely chosen to live in the shadows rather than risk long-term separation from loved ones.

Biden’s plan will keep these families together. The program will make certain undocumented foreign national spouses eligible for “parole in place” and work authorization for three years while they may pursue permanent residence (and eventually citizenship) without leaving the United States.

Who is eligible?

The plan will grant parole in place and work authorization to undocumented spouses of  U.S. citizens who have been in the United States for at least 10 years, were married to the U.S. citizen before June 17, 2024, and are not considered a threat to public safety.

The program will also provide similar protection to approximately 50,000 undocumented people under 21 years of age who are the children of eligible spouses.

Previously deported individuals will not be eligible.

The Administration explains that the president has executive authority to grant parole on a case-by-case basis. But, without congressional action, the program could be abandoned by a different administration.

Immigration advocates excited by this program have noted that the new grants of work authorization will also be particularly helpful to the U.S. economy.

And DACA?

President Biden also plans to make some DACA “dreamers” eligible for work visas. As of now, DACA recipients must continually renew their DACA status and work authorization every two years. The new proposal would allow dreamers who have “high-skilled” job offers and U.S. degrees relevant to their proposed employment to have employers apply for work visas on their behalf. This would be first step in regularizing their immigration status.

Jackson Lewis attorney will continue to follow developments.

President Joe Biden’s Executive Order regarding the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” directs departments and agencies throughout the government, including the Department of Homeland Security (DHS) and the Department of State, to develop plans and policies to establish new standards for artificial intelligence (AI) use. In response, DHS has announced new programs to “strengthen national security, improve . . . operations, and provide more efficient services.”

DHS has been using AI to identify patterns in vehicle-crossing histories and to speed security processes by introducing touchless technologies at airports.

The expanded AI roadmap includes three pilot programs:

  • Enhancing Immigration Officer Training by generating dynamic, personalized training materials to meet officers’ specific needs and ensure the dissemination of knowledge on a wide range of relevant current policies and laws. The goal is to help enhance understanding and retention of crucial information and thereby increase the accuracy of the decision-making process and avoid unnecessary retraining.
  • Transforming Security Investigative Processes so that investigators can more effectively and efficiently summarize and search for relevant information in investigative reports. 
  • Improving Disaster Mitigation for all communities by learning how to more effectively identify risks and mitigation strategies and generate draft plans from publicly available sources. This would help communities determine how to apply for grants to become more resilient and reduce disaster risks.

To expedite these programs, in February 2024, DHS announced a “hiring sprint” to recruit 50 AI technology experts to work with its new AI Task Force.

As they introduce more AI technology, DHS wants to ensure that the technology is used mindfully and carefully. DHS Secretary Alejandro N. Mayorkas explained that the results of these pilots will guide the agency’s AI roadmap going forward “while upholding [the Department’s] commitment to protect civil rights, civil liberties, and privacy.”

Jackson Lewis attorneys will continue to follow these developments, particularly regarding more consistent USCIS decision-making and whether there is any significant increase in targeted investigations.

Chinese students make up the majority of international students in the United States. However, the number of Chinese students in U.S. universities has dropped from a high of 370,000 in 2019 to about 290,000 today.

Part of the drop has been attributed to the Trump Administration’s 2020 executive order suspending entry of certain students and researchers from the People’s Republic of China (PRC). That proclamation applies to Chinese nationals in F or J status (other than undergraduates) who were associated with an entity in the PRC that implements or supports the PRC’s “military-civil fusion strategy.” The executive order started to chill among Chinese graduate students and researchers who feared discrimination or being denied entry at first or after travel abroad. Then, COVID-19 pandemic restrictions made travel difficult.

Over the last four years, Chinese students – particularly those in STEM fields – have received extra scrutiny. In November 2023, President Joe Biden and President Xi Jinping agreed to promote educational exchanges. Recently, though, a number of these students have been questioned by U.S. officials for hours, banned from entry, and even repatriated. Chinese students in the United States have gathered to discuss their concerns. The Chinese Embassy in the United States made “solemn representations” to the government about this treatment. The Department of State has responded that the detention and inadmissibility rate has been stable over the years and that fewer than 0.1 percent of Chinese students who arrive in the United States have been detained and found to be inadmissible.

 Not only is the number of Chinese students coming to the United States declining, but the number of American students in China is also declining. Before the pandemic, approximately 10,000 American students were in China, compared to fewer than 1,000 today.

International students overall provide 28 percent of tuition revenue to U.S. colleges and universities. Chinese students still make up the majority of international students in the United States. Interestingly, the decline in students from China has coincided with an increase in students from India.

Jackson Lewis attorneys are available to assist with visa and travel advice for all international students.