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FOR THE WEEK OF FEB. 3, 2023

The Biden Border Crisis: Part I – First House Judiciary Committee Hearing of the 118th Congress

  • On Feb. 1, 2023, the House Judiciary Committee conducted a marathon hearing to discuss various issues related to the ongoing border crisis. The hearing was titled “The Biden Border Crisis: Part I”
  • The witnesses and members of the committee discussed various aspects of the crisis, including border security, migration flows, processing and asylum reforms, smuggling and interdiction, coordination among federal, state, and local authorities, and workforce requirements.
  • Given the new Congress, this issue will remain front and center and we expect border legislation to be passed through the House. We also expect additional hearings on this topic in the next few weeks.

Biden Administration Announces COVID-19 National and Public Health Emergencies Will End in May 2023

  • The Administration announced it was extending the national and public health emergencies beyond their current respective deadlines of March 1, 2023, and April 11, 2023, until May 11, 2023.
  • USCIS tied its Form I-9 and RFE flexibility provisions to the COVID-19 national emergency. Our team will monitor how the end of the national emergency will affect USCIS and the State Department.

USCIS Begins Issuing Redesigned Green Cards and EADs

  • Starting Jan. 30, 2023, USCIS will issue redesigned green cards and EADs
  • USCIS issues new cards with enhanced security feature every three to five years to combat fraud
  • Existing cards remain valid and USCIS will continue to produce cards with the previous design until its current supply is depleted.

DHS Extends and Redesignates Haiti for TPS

  • TPS for Haitians has been extended from Feb. 4, 2023, to Aug. 3, 2024
  • Redesignation allows Haitian nationals who have been continuously residing in the U.S. since Nov. 6, 2022, may apply for TPS for the first time

Texas and 19 Other States File Lawsuit Challenging Expanded Parole Program

  • The states are challenging the parole program, which will allow up to 360,000 Venezuelan, Cuban, Haitian, and Venezuelan nationals to be paroled into the U.S., as violating the Administrative Procedures Act (APA) and exceeding DHS’s statutory authority.
  • The plaintiffs are Texas, Alabama, Florida, Alaska, Arkansas, Idaho, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, South Carolina, Tennessee, Utah, West Virginia, and Wyoming.

USCIS Announces FY 2024 H-1B Lottery Registration

  • The initial H-1B registration period will be from noon EST March 1, 2023 until through noon EST March 17, 2023
  • Registrants will be able to create new myUSCIS accounts beginning noon EST Feb.21, 2023.
  • For FY 2023, USCIS received 483,927 H-1B registrations. Those with selected registrations will have their myUSCIS accounts updated to include a selection notice, which includes details about when and where to file.

FOR THE WEEK OF FEB. 10, 2023

Legislative Update

  • Sens. Lindsey Graham and Dick Durbin have introduced the Dream Act of 2023, seeking once again to protect DACA beneficiaries. If enacted, it would protect and provide permanent legal status to more than 1.9 million DACA beneficiaries.
  • Congressman Lloyd Smucker (R-PA) is about to reintroduce his Essential Workers for Economic Advancement Act. It would create an immigration visa system for less-skilled workers to do year-round, non-farm work. Employers and potential immigrant laborers apply for federal approval to hire these workers and workers are only allowed to enter the U.S. when they have received approval from the government. These visa workers would only be allowed to work for an approved employer at the approved location for the specifically approved job.

State Department Plans to Launch Pilot Program for Domestic Visa Renewal in 2023

  • Pilot program will launch later this year to allow H and L visa holders to renew their visas without leaving the U.S.
  • The program requires establishing a domestic consular services agency
  • Visa renewals in the U.S. were discontinued in 2004
  • The State Department says it is bringing back domestic visa processing because of the problems visa applicants had during the pandemic and to reduce the workload of consulates and embassies

USCIS Starts Mailing ADIT Stamps in Boston

  • USCIS has started mailing ADIT stamps, which serve as proof of lawful permanent residence, with the applicant’s picture on an I-94
  • The applicant calls USCIS Customer Service and requests an ADIT stamp. USCIS Customer Service then notifies the Field Office, which will issue the Form I-94 with the ADIT stamp
  • USCIS has not yet indicated that this new form of identification is acceptable for I-9 purposes.
  • The new program is currently limited to Boston, but will likely be rolled out on a nationwide basis
Tags: Immigration Policy Briefs
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Photo of Laura Foote Reiff ‡ Laura Foote Reiff ‡

Laura Foote Reiff has more than 32 years of experience representing businesses and organizations in the business immigration and compliance field. She is also a business immigration advocate and has long chaired prominent business immigration coalitions. Laura is Co-Founder of GT’s Business and

…

Laura Foote Reiff has more than 32 years of experience representing businesses and organizations in the business immigration and compliance field. She is also a business immigration advocate and has long chaired prominent business immigration coalitions. Laura is Co-Founder of GT’s Business and Immigration and Compliance Group which she co-led since 1999. She currently chairs the Northern Virginia/Washington D.C. Immigration and Compliance Practice. Laura is also Co-Managing Shareholder of the Northern Virginia Office of GT, a position she has held since 2010. As a global leader in the business immigration community, Laura has served on the Boards of the American Immigration Lawyers Association, the American Immigration Council, the National Immigration Forum and is currently the Chair of the America is Better Board.

Laura advises corporations on a variety of compliance-related issues, particularly related to Form I-9 eligibility employment verification matters. Laura has been involved in audits and internal investigations and has successfully minimized monetary exposure as well as civil and criminal liabilities on behalf of her clients. She develops immigration compliance strategies and programs for both small and large companies. Laura performs I-9, H-1B and H-2B compliance inspections during routine internal reviews, while performing due diligence (in the context of a merger, acquisition or sale) or while defending a company against a government investigation.

Laura represents many businesses in creating, managing and using “Regional Centers” that can create indirect jobs toward the 10 new U.S. jobs whose creation can give rise to EB-5 permanent residence for investment. She coordinates this work with attorneys practicing in securities law compliance, with economists identifying “targeted employment areas” and projecting indirect job creation, and with licensed securities brokers coordinating offerings. She also represents individual investors in obtaining conditional permanent residence and in removing conditions from permanent residence.

Laura’s practice also consists of managing business immigration matters and providing immigration counsel to address the visa and work authorization needs of U.S. and global personnel including professionals, managers and executives, treaty investors/ traders, essential workers, persons of extraordinary ability, corporate trainees, and students. She is an immigration policy advocacy expert and works on immigration reform policies.

‡ Admitted in the District of Columbia and Maryland. Not admitted in Virginia. Practice limited to federal immigration practice.

Read more about Laura Foote Reiff ‡
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Photo of Rebecca B. Schechter ‡ Rebecca B. Schechter ‡

Rebecca Schechter focuses her practice on business immigration and compliance, representing multi-national corporations midsized companies, and startups, as well as individual clients. She has experience with all areas of employment-based immigration, particularly H-1B, L-1, O-1 and E-2 petitions, as well as outstanding researcher…

Rebecca Schechter focuses her practice on business immigration and compliance, representing multi-national corporations midsized companies, and startups, as well as individual clients. She has experience with all areas of employment-based immigration, particularly H-1B, L-1, O-1 and E-2 petitions, as well as outstanding researcher petitions and labor certification applications. Rebecca regularly assists GT clients with global immigration matters, including business and work visas to countries in Europe, the Middle East, Asia, and Latin America. She also works on state and federal I-9 and E-Verify audits. Rebecca has a thorough understanding of third party contractor issues and experience handling complex naturalization, deportation defense, family and employment-based adjustment applications.

‡ Admitted in Maryland and Connecticut. Not admitted in Virginia. Practice limited to federal immigration practice.
Read more about Rebecca B. Schechter ‡
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