POLICY & ANALYSIS
Application guides, policy context and the details behind immigration decisions.
A coalition of immigrant rights groups sued the Biden administration over a June 4 executive order that bars most migrants who cross the border unlawfully from asylum and speeds up removals. Citing Section 208 of the Immigration and Nationality Act, the suit asks a federal court in Washington, D.C., to swiftly overturn the rule. The report also presents both sides and the CBP One appointment bottleneck.
PBS reports that Biden is expected to announce executive measures next week to protect undocumented spouses of U.S. citizens from deportation and allow them to work legally, possibly with an easier path to status adjustment. The White House says no final decision has been made, and sources expect the protections to be far narrower than advocates' estimate of up to 1.1 million people. The report also notes litigation over border asylum restrictions and political considerations among Latino voters.
The U.S. Department of State announced that global nonimmigrant visa issuances reached 5.2 million in the first half of fiscal year 2024, setting a record high. Specifically, B1/B2 visas totaled nearly 4.1 million, H-2A and H-2B visas combined were 205,000, employment-based immigrant visas were nearly 25,000, immediate relative visas exceeded 152,000, and J-1 and F-1 visas were nearly 134,000 and 115,000, respectively. The Department stated that processing capacity was enhanced through technology and streamlined services.
The American Immigration Council reports that on May 9 the Biden administration proposed a rule that would let asylum officers consider and apply certain bars during initial border screening interviews, with public comments due by June 12, 2024. The article describes the proposal's scope, USCIS estimates of how many people it would affect, and advocates' concerns about transparency in expedited removal and the lack of legal representation.
The Associated Press reports that after USCIS implemented a 'one person, one lottery' rule, H-1B lottery registrations fell to 470,342 in 2024, a 38% drop from last year, while the number of applicants remained roughly flat, indicating a sharp decrease in duplicate submissions. The article recalls a 2022 case of one person filing 83 registrations and presents reactions from tech companies, critics, and labor groups.
This article presents the DOL's recent blacklist of six H-1B willful violators with their debarment periods, and, based on a Shihab law firm article, explains that employer violations can bar I-140 and I-129 filings and that no petition may be approved during debarment regardless of filing date, along with the three-tier debarment rules by severity.
U.S. Citizenship and Immigration Services announced that a properly completed Form I-693 signed by a civil surgeon on or after Nov. 1, 2023, is no longer subject to a validity period; forms signed before that date remain valid for two years after signature, or three years for Operation Allies Welcome arrivals. Officials may still require a new medical exam if they believe health conditions have changed or the form no longer reflects the person's current status.
USCIS released a new N-400 form on April 1, 2024, allowing naturalization applicants to select 'Other' gender in addition to 'Male/Female,' without requiring evidence or consistency with other documents. This follows the 2021 allowance of 'Other' gender on U.S. passports and the Dana Zzyym lawsuit against the State Department.
This fact check examines Trump's claim that Biden secretly flew 325,000 migrants into the US. It confirms some inadmissible migrants can legally fly under parole programs, but notes the programs are public, flights are self-paid, and not new. The 325,000 figure comes from a report with undisclosed data and cannot be confirmed, though it is possible.
An analysis by the National Foundation for American Policy, based on USCIS data, found that the denial rate for new H-1B petitions was 4% in fiscal 2023, up from 2% in fiscal 2022 but still well below the 24% peak in fiscal 2018. The analysis noted that the lower denial rates in recent years stemmed in part from litigation by applicants that prompted USCIS to issue new adjudication guidance in June 2020; it also cited the organization's view that H-1B remains the main route for highly skilled foreign nationals to work long term in the United States, and that the 85,000 cap remains the primary immigration problem for technology companies.
The U.S. State Department reported that in fiscal year 2023, over 10 million nonimmigrant visas were issued, near a record high. This included nearly 8 million business/tourism visas, the highest since 2016; 600,000 student visas, the highest since 2017; and 442,000 temporary/seasonal worker visas, a record high.
The American Immigration Council and Gibney law firm report that the Labor Department, responding to President Biden's executive order, will soon seek public comment on adding certain STEM occupations to Schedule A to attract AI talent. The article explains the PERM process and exceptions, notes Schedule A hasn't been updated since 1991, and says changes need no congressional authorization.
