US Immigration Updates: New Rule for Asylum, June Visa Bulletin, H-1B, and More
The Biden Administration has suggested modifications to speed the processing of asylum claims and solve the labor shortage in the United States amidst changing immigration regulations. These actions demonstrate a systematic approach to immigration control, prioritizing economic feasibility and security justice.
Proposed Changes to Asylum Processing
A new rule that the Biden Administration has proposed intends to speed up the processing of asylum requests at the US border. To streamline the procedure, this new legislation would quickly send away people with criminal records or those judged ineligible for asylum within a few days.
This is different from the current procedure, which permits asylum seekers to enter the country while awaiting legal scrutiny. Asylum seekers are subject to preliminary screenings at the US border under the current protocol, which determines whether they exhibit credible fear. Those who exhibit reasonable fear are allowed entry into the US and are awaiting court appearances.
The new regulations add another level of inspection, requiring border agents to run criminal history checks on asylum seekers to identify any possible security hazards. An individual’s asylum petition could be denied and they might not be allowed to enter the US if they are considered a security risk.
Impact and Scope of Changes
It is suggested by insiders with knowledge of the asylum procedure that very few people will be impacted by these modifications. Crucially, the proposed rule speeds up the assessment process rather than changing the requirements for asylum status. The new rule will go into effect following a period for public discussion.
Meanwhile, there are reports that the Biden Administration is looking into more extensive executive measures to deal with illegal border crossings from the southern US border.
Updated USCIS Guidance for Asylum Officers
The US Citizenship and Immigration Services (USCIS) has modified its guidelines for asylum officers addressing the handling of asylum claims, in addition to the proposed rule amendments. The new guidelines direct asylum authorities to determine whether returning an asylum seeker to their home country will put them in a safer place. Should moving back home be considered a feasible alternative, these people might not be eligible for protection in the US.
Pressure to Provide Relief to Undocumented Immigrants
There is growing pressure on President Biden to provide unauthorized immigrants who have been living in the US for a long time some relief. This covers people with Temporary Protected Status, people who came to the US as children, wives and family members of US citizens, and so on. A lot of work is being done to solve the intricate problems that this vulnerable demographic faces.
June 2024 Visa Bulletin Overview
The June 2024 Visa Bulletin, which gives a summary of the immigrant visa availability for the month, was just released by the Department of State. The information in this bulletin is displayed in two charts: one for the date of filing for family-based and employment-based immigrant visas, and the other for the final action dates. When applying for an adjustment of status, applicants who are physically present in the US must follow USCIS guidelines regarding which chart to use each month.
Employment-Based (EB) Preference Categories
Not much movement has been seen in the majority of employment-based (EB) categories in the June 2024 Visa Bulletin. Foreign nationals must have a priority date earlier than the stated date in their respective category and country for USCIS to approve an EB Adjustment of Status (AOS) application, as it has in the past months. Applications are based on the final action date table.
EB-1 Priority Workers
For the majority of countries, priority dates from earlier Visa Bulletins have not changed. Retrogression is not anticipated for China and India under EB-1.
EB2: Members of Professions Holding Advanced Degrees
Priority dates show little movement, and future Visa Bulletins may retrogress due to strong demand.
EB3: Skilled Workers, Professionals, and Other Workers
Small progress was reported for some nations; regression predicted as a result of ongoing high demand
Family-Based Preference Categories
The June 2024 Visa Bulletin highlights encouraging developments in family-based preference categories as opposed to employment-based categories. USCIS is now accepting cases based on the data filing chart for family-based applications.
F1: Unmarried Sons and Daughters of US citizens
Significant improvements in Mexico’s priority dates are noted, but other countries’ dates stay the same.
F2a: Spouses and Children of Permanent Residents
Ongoing progress in setting priority dates, especially for Mexico
F3: Married Sons and Daughters of US Citizens
Notable improvements were observed in all areas, suggesting that family-based immigration is making headway.
Executive Action on Immigration
Democratic senators are pressing President Biden to take executive action to safeguard DACA applicants, expedite the process of obtaining a green card for undocumented immigrants married to US citizens, and provide a simplified route to lawful status for long-term undocumented immigrants. These programs seek to alleviate pressing immigration issues and support marginalized communities.
Considerations for Future Labor Needs
The potential of immigrants to fill future labor shortages in the US is highlighted in a paper by the Migration Policy Institute, especially in professions that need higher education and specialized skills. However, obstacles like restricted pathways to permanent residency and lack of acknowledgment for abilities earned abroad make it difficult to fully use immigrant talent.
H-1B Visa Lottery System Overhaul
The H-1B visa lottery has undergone modifications, and as a result, fewer people have registered than in the prior year. To improve fairness in visa distribution, USCIS revised its regulations to give priority to individual beneficiaries over duplicate registrations. Even with dwindling enrollment, the H-1B Visa continues to be essential for qualified foreign workers who support the US economy.
Conclusion
The current state of US immigration is highlighted by executive measures and changes to the policy of asylum processing visas. These adjustments are a reflection of continuous efforts to strike a balance between humanitarian concerns and immigration enforcement, as well as to meet pressing labor shortages and important economic sectors.
The Biden administration’s effort aims to manage visa allocations, optimize asylum procedures, and leverage immigrant talent to satisfy labor demands by managing complex immigration dynamics. These initiatives highlight a dedication to sensible and practical immigration laws in a changing global environment.