Changes to Immigration Programs

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Congress Proposes Changes, Renews, and Restricts Immigration Programs

H1b 2016

It has been touch and go with multiple short term renewals, but Congress has proposed an Omnibus Bill last night that has many important immigration provisions. They concern everything in the US immigration system, from increased fees for H-1B and L-1 petitions to not restricting refugee resettlement.

There have been four important immigration programs that have been extended multiple times this year that are included in the Omnibus Bill for another extension: J-1 Waiver CONRAD 30 program, EB-5 Regional Center program, E-Verify, and the EB-4 religious workers program

Of note in the Omnibus Bill is an additional financial burden on companies with more than 50 employees, of whom over 50% hold H or L status:

  • Supplemental L-1 fees for 50/50 companies increase from $2,250 to $4,500;
  • Supplemental H-1B fees for 50/50 companies increase from $2,000 to $4,000;
  • Fees must be paid on initial petitions and extension petitions;
  • Fees are authorized for ten years, running through September 30, 2025; and

The H-2B program has been scrutinized in the past year and some changes are proposed. The H-2B program allows US companies to hire seasonal guest workers for the “busy season,” such as summer on a beach resort.

The Visa Waiver Program, which allows for friendly and easy travel for citizens from 38 approved countries, will have categorical restrictions for nationals from certain countries and individuals who travel to those countries.

Presidents Speaks at Naturalization

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President Obama Speaks at Naturalization Ceremony

Resources for Immigrants

The anti-immigration rhetoric has been vociferous in recent months, largely emanating from presidential candidacies. The usual course of discussion over immigration in recent years has been policymaking and legislation for unauthorized migrants. There are 11-12 million unauthorized migrants in the United States. They either entered the country without authorization or they entered legally but remained past their legal limit. The Deferred Action for Childhood Arrivals and Deferred Action for Parents of Americans programs that President Obama initiated through executive order have sought to address immigration issues through the executive branch. The legislative branch has not been able to agree on comprehensive immigration reform.

 

In contrast to proclamations of immigration bans and restrictions, President Obama spoke at a naturalization ceremony in Washington DC, where people from 25 different countries took the oath to become American citizens. President Obama was there to commemorate the journey that those individuals had to take to become American citizens, on the 224th anniversary of the Bill of Rights. The president had many remarkable statements about immigration and immigrants:

Just about every nation in the world, to some extent, admits immigrants. But there’s something unique about America. We don’t simply welcome new immigrants, we don’t simply welcome new arrivals — we are born of immigrants. That is who we are. Immigration is our origin story. And for more than two centuries, it’s remained at the core of our national character; it’s our oldest tradition. It’s who we are. It’s part of what makes us exceptional.

 

The first refugees were the Pilgrims themselves — fleeing religious persecution, crossing the stormy Atlantic to reach a new world where they might live and pray freely. Eight signers of the Declaration of Independence were immigrants. And in those first decades after independence, English, German, and Scottish immigrants came over, huddled on creaky ships, seeking what Thomas Paine called “asylum for the persecuted lovers of civil and religious liberty…

 

We can never say it often or loudly enough: Immigrants and refugees revitalize and renew America.

4 Programs Renewed 5 Days

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There are four immigration programs that were set to expire today. They are the J-1 Waiver CONRAD 30 program, EB-5 Regional Center program, E-Verify, and the EB-4 religious workers program. Congress has extended their lives today for five days, giving themselves more time, as they averted a federal government shutdown.

That means the programs have until December 16 to again be temporarily renewed. This blog extensively covered the four programs and congressional actions back in September because they were set to expire in September. The constant temporary renewals of these programs leaves their applicants and potential beneficiaries in constant uncertainty.

International Human Rights Day

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International Human Rights Day

On December 10 of every year since 1950, the United Nations has commemorated International Human Rights Day. The theme last year was Human Rights 365 – a reminder that every day is Human Rights Day. Of course, commemorating a day once a year is a starkly different action from pursuing the goal of fewer human rights violations every day, but the day should serve as a poignant reminder that human rights violations occur every day throughout the world. This year, the theme is the 50th anniversary of the two International Covenants on Human Rights: the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights, which were adopted by the United Nations General Assembly on 16 December 1966.

The Universal Declaration of Human Rights (celebrating its 67th birthday) has three articles concerning immigration and migration. Article 13 announces the right of freedom of movement and residence with an individual’s country. The second clause of Article 13 declares that, “Everyone has the right to leave any country, including his own, and to return to his country.”

Many forced migrations are the result of human rights violations. Asylum as a process (in which the recipient is green card eligible after a year) in the immigration system that is designed to accommodate some individuals who have been victims of human rights violations. The United States has a ceiling of 70,000 asylum acceptances this year. Article 14 recognizes that persecution causes people to seek safety, declaring everyone has the right to seek asylum (unless they themselves are persecutors).

Article 15 asserts that everyone has the right to a nationality and that “no one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.”

Thirty articles comprise the Universal Declaration of Human Rights. They are not all immigration-related, but many are connected to immigration and its consequences (standard of living, education). On this day, it is important to recognize the important of human rights in our modern world and that immigration is a basic, fundamental human right worthy of protection.

In commemoration of this day, Secretary General Ban Ki-Moon says, “On Human Rights Day, let us recommit to guaranteeing the fundamental freedoms and protecting the human rights of all.”

You can follow the worldwide activities associated with this day on social media through #HumanRightsDay.

January Visa Bulletin Released

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January Visa Bulletin Released

 

The January Visa Bulletin was released yesterday by the State Department. The January bulletin preserves the action date and filing date framework, instructing potential applicants when they are eligible to file for green cards. For example, for the Employment-Based 2 category of India, the filing date is July 1, 2009 and the action date is February 1, 2008. That means someone who has an approved I-140 in that category before July 1, 2009 is eligible to file, but that someone with a priority date before February 1, 2008 is current. This bifurcated system is based off predictions and is intended to assist applicants and be more efficient with immigrant visas.