Winter is coming...preceded by the Fall 2018 Unified Regulatory Agenda from @DHSgov. Once again, semi-annually, it's time to see what new #immigration actions we might find buried in this list of rulemaking plans that's hiding in plain sight? 1/ reginfo.gov/public/do/eAge…
Let's start with @DHSgov proposals that didn't appear in the prior regulatory agenda this past spring. (These are all draft rules that haven't been published yet, and won't take effect for months or years, after a full public notice-and-comment process.) 2/
Working with @USDOL to modernize #H2B recruitment requirements, "including proposing to eliminate print newspaper advertisements." (At first glance, that last part sounds long overdue.) 4/ reginfo.gov/public/do/eAge…
For #GreenCard applicants applying within the US ("adjustment of status"), @DHSgov wants to "reduce processing times...promote efficient usage of available immigrant visas, and discourage fraudulent or frivolous filings." Sounds great! But wait... 5/ reginfo.gov/public/do/eAge…
...@DHSgov also wants "to eliminate the concurrent filing of visa petitions and Form I-485 for all applicants seeking an immigrant visa in a preference category." That sounds quite bad, likely adding many months to the #GreenCard process. Background: 6/ boundless.com/immigration-re…
Here's another big one, for international students (F-1 & similar visas): changing the period of authorized stay from open-ended to a specific deadline. The stated goal is to reduce visa "overstays," but this change could further deter int'l students. 7/ reginfo.gov/public/do/eAge…
And a new proposal "to improve the efficiency of @USCIS processing of Medical Certification for Disability Exceptions (Form N-648) by improving customer service and responding to concerns of possible fraud and abuse." Good gov't or making things harder? 9/ reginfo.gov/public/do/eAge…
Plus a call for fresh ideas about the scandal-plagued #EB5 investor visa program, to "increase monitoring and oversight...as well as encourage investment in rural areas." Not a bad idea on its face. 10/ reginfo.gov/public/do/eAge…
Finally, there are a bunch of new @DHSgov technical privacy provisions I won't get into here, plus implementation of a recent act of Congress affecting the Northern Mariana Islands' special visa provisions. 11/ reginfo.gov/public/do/eAge…
All of the above is just the never-before-seen stuff that came out in the new regulatory agenda. There is a whole raft of previously announced @DHSgov regs still in the pipeline. For a summary, see this springtime tweetstorm: 12/
And it's still true this administration continues to find ways to dramatically change the legal #immigration system *without* issuing regulations (which take a long time to finalize). For example, @USCIS policy memos and increasing backlogs overall. 13/13 boundless.com/blog/insider-a…
🚨The Biden administration just released its Interagency Strategy on Naturalization, a whole-of-government effort to remove obstacles facing immigrants eligible for US citizenship.
The agency responsible for naturalization, @USCIS, is methodically removing barriers to US citizenship for eligible immigrants, including oath ceremonies by video for overseas US military families. An important step in the right direction...
Coming out of the Covid crisis & Trump-era policies, @USCIS has now "return[ed] to pre-pandemic levels when it comes to completing naturalization applications."
That's good news, but there's now a nearly million-application backlog looming.
President Biden's immigration bill includes not only a path to citizenship for undocumented immigrants, smart border policies, & humane treatment of refugees—it also promises major & long-overdue improvements to our skills-based immigration system...
Let's start with the broken status quo: Lots of talented people want to be in the US—not as temporary workers, but as permanent residents with green cards, & ultimately US citizens.
But there aren't enough employment-based green cards.
The official cap is 140,000/year, but…
2/
…people have families, turns out, so ~70k green cards go to employer-sponsored workers, & ~70k go to their spouses & children.
This compels many future Americans to use a somewhat-less-scarce *temporary* work visa, like the H-1B, while waiting for a green card.
3/
The argument is rooted in demographics: America's "Old Age Dependency Ratio" (# working-age vs. retirement-age adults) is plummeting, which is very bad news for future economic growth, Social Security solvency, etc.
To stay at par (3.5 ratio) by 2060, we need more immigrants. 2/
Specifically, 37% more immigrants—a total of ~1.37M/year.
Consider that Canada & Australia already welcome *200-300%* more immigrants than America does, adjusted for population.
America's immigration policy is among the stingiest in the @OECD.
For expert commentary on the impact of this order, see @IRAP@RCUSA_DC@RESCUEorg@HIASrefugees@LIRSorg & many more groups that have done the hard work of protecting refugees during the dark recent times.
I just want to point out some elements for the tech community...
2/
Important call for more efficient collection & sharing of biometric data, along with interviews via teleconferencing—these are tech-driven opportunities to streamline the whole system & put the President's goal of 125,000 annual refugee admissions within reach.
How does DHS justify delaying the effective date without notice & comment?
"USCIS will not have adequate time to complete system development, thoroughly test the modifications, train staff,
& conduct public outreach needed to ensure an effective & orderly implementation."
2/
Also:
"During the delay, while USCIS works through the issues associated with implementation, DHS leadership will also evaluate [Trump's] January 8th rule & its associated policies, as is typical of agencies at the beginning of a new Administration."