News

The Biden Administration is being urged to created and enforce strong protections for the expansive biometrics database created as a result of immigration policy. The Homeland Advanced Recognition Technology (HART) database stores face scans, DNA information, and other information that identifies the individual.

Immigration groups claim the HART database could be used to target immigrant groups unfairly. Concerns over the individuals’ rights of privacy and civil liberties are the center of the concern. Controversy over facial recognition technology and the potential to create bias against people of color and immigrants are a concern.

New guidelines are in place for international travelers to India. The new rules are in effect on February 14, 2022. The updates include a further relaxation of travel restrictions. The changes are being made in response to a growing economic crisis. The Indian government will continue to enforce regional travel guidelines using a risk-based approach. Several elements have been updated.

Qualifying foreign executives’ spouses are being granted immediate eligibility to work in the U.S. upon entry. The U.S. Customs and Border Protection are noting work eligibility on the appropriate individuals’ I-94s or entry records upon entry to the U.S., avoiding the waiting process for gaining a work permit.

The action is the result of a settlement from a case that was brought by a group of noncitizen spouses. The lawsuit claimed that U.S. Citizenship and Immigration Services (USCIS) work permit policies caused undue delay and access to a work permit, affecting their and their family’s livelihood. The settlement became effective on January 31, 2022. As such, eligible foreign workers’ spouses are eligible for employment upon entry.

Regulations passed during the Trump Administration, enacted by then acting chief Chad Wolf, have been overturned. The regulations delayed or prevented asylum seekers from applying for work authorization in the United States. The Biden administration has tried to enact one of the policies which struck down the requirement of the government to complete the work authorization from asylum seekers within 30 days.

The basis for overturning the policies stems from the then-acting chief of Homeland Security, Chad Wolf, lacking authority to create the policies. Although current DHS Secretary Alejandro Mayorkas has tried to ratify the elimination of the 30-day requirement, that has also been denied. Since the original effort was not legal, the subsequent adoption of the policy remains invalid.

U.S. Citizenship and Immigration Services (USCIS) announced updates to the validity period for new Employment Authorization Documents (EAD) for qualifying applicants. The new policy is in effect immediately. Individuals included in the new policy include those admitted as a refugee, those granted asylum, among others.

An order to process over 10,000 diversity visas is being appealed by the Federal government. The diversity visas have been on hold because of the COVID-19 pandemic. Winners from the 2020 and 2021 diversity visa lotteries brought various legal actions to protect the processing of their visas from expiration. Two D.C. judges found in favor of the diversity visa winners.

The Federal government is appealing the court’s decision that requires processing by the end of September 2022. In their appeal, the government states they believe the appeals court will likely overturn the orders. As such, the requirement to process should be put on hold, pending the circuit court findings.

In light of the Covid-19 pandemic, workplaces have changed dramatically. Many industries have moved to full-time remote work, with greater flexibility. This flexibility, in combination with a favorable job market and a high demand for IT professionals, has raised some complex questions for H-1B employers.

Increasingly, H-1B employees are interested in working on more than one project, since the availability of fully remote work makes this more feasible than in the past. If one employee works on more than one project for the same H-1B employer, the details must be carefully addressed to ensure complete compliance with all applicable immigration and employment laws.

Ongoing demand for STEM talent, particularly for technology professionals, outpaces available qualified individuals in the U.S. For U.S. employers looking to fill roles in STEM (Science, Technology, Engineering, and Math) areas, the outlook has likely improved due to ongoing policy changes. The Biden Administration recently announced updates that may make it easier for some U.S. employers to hire foreign workers.

Updated policies include:
- Twenty-two additional degree fields qualify for STEM Optional Practical Training (OPT),
- Adjudication updates for O-1A petitions for individuals with extraordinary ability,
- National Interest Exemption (NIE) Waivers for STEM degree holders to apply for a green card,
- J-1 visa holders and the availability of additional corporate training, and
- Creation of an early career STEM initiative.

The America COMPETES Act of 2022, led by the U.S. House of Representatives, proposes to increase the availability of visas for startup founders, their essential employees, and their families under a new “W” visa. The Act is an effort to increase U.S. competitiveness and create new immigration paths for foreign entrepreneurs who hope to build their new business in the U.S.

Currently, the International Entrepreneur Parole (IEP) Program is the sole opportunity for foreign entrepreneurs to start and build a company in the U.S. However, the Program is not a visa program and as such, doesn’t provide access to citizenship. The W visa proposes self-petitioning for green cards rather than waiting for sponsorship. In addition, the IEP program was largely frozen during the previous administration.

Hiring dozens of foreign service officers is underway by the U.S. Department of State. The increase in staffing is an effort to correct hiring shortages that contributed to the backlog in visa processing. The Department stated they are planning on increasing the number of hires to not only fill positions vacated through attrition but beyond. Over 60 limited noncareer appointment consular positions, or LNAs, are being filled in the fiscal year 2022.