Battan Alpert Hutchings LLPImmigration and Nationality Law2025-03-31T12:44:07Zhttps://www.battanalpert.com/feed/atom/WordPress/wp-content/uploads/sites/1301894/2020/03/cropped-favicon-32x32.pngOn Behalf of Battan Alpert Hutchings LLP<![CDATA[DHS increases H-2B visas for first half of 2022]]>https://www.battanalpert.com/?p=475032022-02-08T19:07:25Z2022-02-08T15:00:59ZThe rule seeks to address worker shortages
The temporary order applies to employers who face irreparable harm without additional seasonal workers on or before March 31. In Colorado, H-2B visas are highly sought after by businesses in industries such as landscaping, skiing, hospitality, roofing and concrete work.
Restrictions and other effects stemming from the pandemic led to severe worker shortages for these industries and many others. Some employers have had to curtail hours and cut back their operations due to significantly reduced worker numbers.
Returning workers who previously received an H-2B visa or were otherwise granted H-2B status during one of the previous three fiscal years. These individuals make up 13,500 additional visas.
The remaining 6,500 H-2B visas are exempt from the returning work requirement and are earmarked for workers from Guatemala, El Salvador, Honduras and Haiti.
All other governmental rules apply to the application process. Many politicians are also urging DHS to make additional visas available for the second half of 2022.
Research: H-2B visas are vital to a healthy economy
Studies show temporary noncitizen employees contribute greatly to the U.S. economy, not just to their employers’ bottom lines. The National Immigration Forum says a 1% increase in H-2B employees contributes to higher wages for all citizen and noncitizen workers.
Colorado is in the top five states for the total number of H-2B visas issued. The process is highly procedural and contains several time-sensitive deadlines. Employers are advised to consult experienced legal help when applying for these visas, for which the demand vastly exceeds the supply each year.]]>On Behalf of Battan Alpert Hutchings LLP<![CDATA[US waives in-person interviews for certain visas through 2022]]>https://www.battanalpert.com/?p=474942023-10-06T05:48:19Z2022-01-07T15:06:19ZUS waives in-person interviews for certain visas through 2022
On Dec. 23, the U.S. State Department announced consular officers can waive requirements in 2022 for in-person interviews for H-1B and other non-immigrant visa applicants.
Officials also extended a current interview waiver for certain H-2 applicants. The State Department hopes the move helps reduce a massive backlog in visa processing.
The order includes nearly a dozen visa categories
U.S. officials acknowledge that the pandemic greatly reduced their ability to process visa applications. The department says these steps should reduce wait times without compromising national security. The temporary waiver affects these non-immigrant visas and affected individuals:
H-1: Specialty occupations, including doctors, professors and IT specialists
H-2: Temporary agricultural and non-agricultural workers
H-3: Special education visitors
H-4: Dependents of H visa holders
L: Intracompany transferees and their dependents
O: Persons with extraordinary abilities, their assistants and dependents
P: Athletes, artists, entertainers and dependents
Q: Individuals involved in cultural exchange programs
F: Students
M: Vocational and non-academic students
J: A wide variety of exchange categories from au pairs to scholars
Applicants must meet certain conditions for eligibility. That includes H-1, H-3, H-4, O, P and Q applicants previously issued any type of visa andthose never refused a visa unless they were successful on appeal. First-time applicants in those categories are also eligible if their home country participates in the Visa Waiver Program.
Waivers for renewals also extended
The State Department also said in-person interview waivers will be extended indefinitely for those renewing their current visa within 48 months of the expiration date. Officials will likely reconsider these rules next fall.]]>On Behalf of Battan Alpert Hutchings LLP<![CDATA[US issues new vaccination rules for inbound travelers]]>https://www.battanalpert.com/?p=474882022-02-02T17:22:17Z2022-01-06T14:54:41ZU.S. visitors must comply with new vaccine rules
The U.S. began enforcing the stricter rules on Dec. 13 for all inbound air travelers, regardless of citizenship. The new rules state that:
Passengers must show proof of a negative test within one day of departure.
Per CDC guidelines, specimens must be collected within one calendar day before boarding an airplane.
Nucleic acid amplification tests (including PCR) and antigen tests are acceptable.
Previously, all travelers to the U.S. had to show a negative test within three days of departure.
Are tests required after arrival?
No. Passengers are not forced to test upon arriving in the U.S. However, the CDC recommends getting tested three to five days after any travel. The agency is also expanding a program offering free, voluntary tests for travelers when they arrive to help detect the omicron and other variants. Private rapid testing is also available in several U.S. international airports, costing $75 to $250.
The new rules only impact air travelers to the U.S.
The new policies do not currently apply to those crossing into the country by land after recently lifted border restrictions. However, we expect similar vaccination rules to be extended to noncitizens crossing by land in the coming months. If your family members or friends are affected by the new air restrictions and want to cancel or change their plans, they will need to check with the airline as carriers constantly change their rules and ticket policies in response to shifting national requirements.
How do I keep up with these changes?
Traveling during a pandemic can be confusing and frustrating as rules frequently change while public health officials adapt to the mutating virus. The CDC offers the latest guidance on its website, including advice for those preparing for any international travel.]]>On Behalf of Battan Alpert Hutchings LLP<![CDATA[USCIS announces cap reached for H-2B visas]]>https://www.battanalpert.com/?p=474822021-12-28T19:25:21Z2021-10-29T19:29:14Zagency says it reached its limit of 33,000 petitions for the first half of fiscal year 2022 for temporary foreign workers with an employment date between October 1, 2021 and March 31, 2022.
Not all petitions are subject to the cap
The USCIS says it will continue accepting petitions for seasonal nonagricultural workers who are exempt from the congressionally-mandated cap. These include current H-2B workers already in the U.S. who:
Extend their stay
Change employers
Change the terms and conditions of their employment
. H-4 spouses and children of H-2B workers do not count against the congressional limit.
H-2B visas remain a vital resource for employers
Overall, many U.S. companies have experienced worker shortages since the middle of the pandemic. H-2B visas are attractive options for many industries, such as landscaping, skiing and roofing here in Colorado that need seasonal nonagricultural employees.
The yearly demand for these work visas consistently exceeds the limit. The process can be complicated, which, combined with time-sensitive deadlines, often results in rejected applications. Employers should begin planning at least 8 months in advance if they seek to fill positions through the H-2B process.]]>On Behalf of Battan Alpert Hutchings LLP<![CDATA[Democrats blocked in new attempt at immigration reform]]>https://www.battanalpert.com/?p=474762021-10-08T13:03:38Z2021-10-07T13:18:59Zadd a provision to the budget reconciliation process, changing the registry date from 1972 to 2010 for the legalization of thousands of immigrants.
However, MacDonough – who advises the Senate on rules and protocols – said the registry proposal’s impact far exceeds its budgetary implications, and she rejected Democrats’ arguments to include the measure.
The fight for reform is “far from over”
Democrats sought to add immigration reform to the budget process as many see it as the only way to achieve meaningful reform before the end of the year. However, party leaders vowed to keep fighting despite the disappointment.
Senate Majority Whip Dick Durban said Democrats would continue to find a way to include it in the budget reconciliation bill. Others say they already have a plan C in the works but aren’t sure when it will be ready to go before the parliamentarian.
The White House moves to protect DACA
Immigration advocates were also disappointed by the two unfavorable rulings, but Immigration Hub Executive Director Sergio Gonzales says it’s not the “final straw.” In the meantime, the Biden administration took steps to strengthen the Deferred Action for Childhood Arrivals program, known as DACA.
The move seeks to shield hundreds of thousands of undocumented immigrants brought to the U.S. as children from deportation. The Biden administration is looking to protect this group, known as “Dreamers,” allowing them to stay and work in the U.S. as many are now adults.]]>On Behalf of Battan Alpert Hutchings LLP<![CDATA[New rules limit deportation of undocumented immigrants]]>https://www.battanalpert.com/?p=474782021-10-08T13:03:49Z2021-10-06T13:21:56ZNew guidelines differ drastically from Trump-era rules
The new policy replaces interim provisions announced in February that a federal judge temporarily blocked in August. They are a sharp contrast to immigration enforcement under President Trump, who directed authorities to arrest anyone illegally in the country. Mayorkas outlined the major points of the new policy:
Law enforcement can only target noncitizens who crossed into the U.S. after Nov. 1, 2020.
They can pursue anyone deemed a national security threat or those engaged in “serious criminal activity.”
Criminal activity is not defined as an aggravated felony but depends upon the “totality of facts and circumstances.”
Anyone engaging in or suspected of terrorism or espionage is a priority for law enforcement.
Noncitizens cannot be deported for exercising their First Amendment rights, such as participating in union activities or protests.
Immigration advocates are taking a wait-and-see approach
While welcoming limits on enforcement actions against undocumented immigrants, pro-immigration groups say they are wary due to the detention and deportation of 5,000 Haitians who crossed into Texas in recent weeks.
Advocates say the policy will only be as good as the results, and that it won’t mean much if detentions and deportations continue to rise, or human rights abuses continue to happen. However, they embraced the increased security for those who have been in the U.S. for a longer period.]]>On Behalf of Battan Alpert Hutchings LLP<![CDATA[Biden administration moves to protect DACA recipients]]>https://www.battanalpert.com/?p=474742021-10-11T14:52:33Z2021-09-30T14:00:43ZThe proposal will undergo a public comment period
Homeland Security Secretary Alejandro Mayorkas says the rule is not a substitute for congressional action but is a crucial step to protect more than 600,000 DACA recipients. Under the proposal, those who qualify for DACA must:
Have arrived in the United States prior to their 16th birthday
Lived continuously in the U.S. since June 15, 2007
Have no felony convictions
Currently be in school or have graduated
Pose no threat to public safety or national security
The proposal was published in the Federal Register on Sept. 29, beginning a 60-day public comment period before going into effect.
The proposed rule responds to a judge’s decision
DACA was implemented after Congress’s failed attempts to provide a pathway to citizenship for immigrants. The program has been under attack ever since. The Trump administration tried to eliminate the program but was blocked by the Supreme Court.
In July, a Texas judge ruled DACA violated a federal law stipulating the procedures agencies must follow to implement policies. He blocked new applications for DACA but allowed the program to continue for current enrollees while the case is decided in court. The Justice Department has appealed the ruling.]]>On Behalf of Battan Alpert Hutchings LLP<![CDATA[US eases travel restrictions for visitors]]>https://www.battanalpert.com/?p=474432021-09-29T13:02:56Z2021-09-29T13:00:17ZThe policy replaces a patchwork of travel bans
Once the changes take effect, families and others separated for nearly a year and a half can have long-awaited reunions. The policy replaces numerous bans put in place by former President Trump and strengthened by President Biden, restricting travel for non-citizens from:
United Kingdom
China
India
Iran
European Union
Republic of Ireland
Brazil
South Africa
National leaders, airlines, businesses and travelers welcomed the news, saying it’s long overdue.
Travelers must provide proof
Despite the loosening of travel rules, White House COVID-19 coordinator Jeff Zients says all foreign visitors must show they are fully vaccinated and offer proof of a negative COVID test taken within three days of their flight.
President Biden also announced the U.S. is tightening testing rules for unvaccinated Americans returning home, saying they need to be tested within one day of departure and again when they arrive. These stricter rules are part of sweeping requirements encouraging more people to get vaccinated.
Under the revision, the Centers for Disease Control and Prevention requires airlines to gather personal information from international travelers to facilitate contact tracing. No immediate changes were announced for U.S. land policies, which still restrict cross-border travel with Canada and Mexico.]]>On Behalf of Battan Alpert Hutchings LLP<![CDATA[Path to citizenship offered for ‘documented Dreamers’]]>https://www.battanalpert.com/?p=474402021-09-27T13:28:01Z2021-09-27T12:00:25Zdocumented Dreamers would be able to apply for citizenship. The Senate bill is a companion to a similar measure introduced in the House in July.
The legislation would open the door for thousands
Under the proposal, an estimated 200,000 documented immigrants in the U.S. could be eligible for permanent residency. Under the current system, they are covered by their parents’ nonimmigrant status only until they turn 21 when they must either depart the United States (often the only country they’ve known as home) or identify another immigration option (if any) to remain lawfully in the United States.
These individuals are not covered under President Obama’s Deferred Action for Childhood Arrivals program, or DACA, which applies only to undocumented immigrants.
The measure is the first of its kind
While it’s not clear whether Congress will pass comprehensive immigration reform anytime soon, the America’s Children Act is the first attempt to offer a path to citizenship for documented Dreamers. It’s also one of the few pieces of legislation with widespread bipartisan support.
The Senate Judiciary Committee has jurisdiction over immigration legislation. Co-sponsors include committee chairman and Democrat Dick Durban of Illinois, and Republicans Susan Collins of Maine and Rand Paul of Kentucky.
While it’s not known when the House or Senate will take up the legislation, strong support from both parties led to the effort to introduce a standalone bill instead of adding it to a comprehensive immigration package.]]>On Behalf of Battan Alpert Hutchings LLP<![CDATA[Democrats look for new options to achieve immigration reform]]>https://www.battanalpert.com/?p=474372021-09-24T19:13:14Z2021-09-24T19:13:14Zdisappointing setback for passing immigration legislation before the end of the year, and especially to many immigrants’ hopes. However, Democrats still have options for offering revised proposals as part of the budget bill or resuming negotiations with Republicans.
Under a provision in U.S. immigration law called “registry”, certain non-citizens can apply to “register” as lawful permanent residents of the United States if they last entered prior to a specific date, can demonstrate good moral character, and have had continuous residence since their last entry. Registry was created in 1929 and since that date, Congress has advanced the registry date four times. The current registry date, January 1, 1972, was set by Congress in 1986. The registry date has not been advanced since then.
Between 2015 and 2019, only 305 people were able to achieve permanent status through registry.
If the date was set to Jan. 1, 2010, nearly 6.7 million non-citizens could be eligible to register for lawful permanent residence. Immigration advocates say it should be set to 2015 to include those covered under the DREAM Act or essential workers who arrived more recently.
One other option floated is to set a “rolling” cutoff date that would be advanced each year or to set an eligibility standard based on the number of years a person has lived continuously in the U.S.
Revise Section 245(i)
Democrats could also update this section of the Immigration and Nationality Act, allowing family members or employers to apply for green cards for undocumented immigrants who entered the United States unlawfully and are otherwise eligible to apply for lawful permanent resident status inside the country. Right now, the law is rarely used because it only accepts applications filed before April 30, 2001.
Changing the date could have enormous implications as over 8 million U.S. citizens have at least one undocumented family member living in their home.
‘Recapturing’ green cards
Hundreds of thousands of green cards have gone to waste due to processing delays since 1992, and the backlog has only gotten worse during the pandemic. Democrats could add a provision that allows the U.S. to recapture previously unused green cards. This year, about a quarter of a million will likely be wasted.]]>