In the Spring a young man's fancy lightly turns to thoughts of ... the semi-annual OMB Unified Regulatory Agenda. What new immigration actions might we find buried in this list of federal agency rulemaking plans that's hiding in plain sight? 1/ reginfo.gov/public/do/eAge…
Let's start with @DHSgov & new plans that didn't appear in the prior regulatory agenda last fall. (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/ reginfo.gov/public/do/eAge…
Here's a new proposal to eliminate the requirement that @USCIS has 30 days to process an #asylum applicant's request for a work permit. 3/ reginfo.gov/public/do/eAge…
This is also new: Making it mandatory to use electronic filing (not paper-based applications) for green card renewals (I-90) and naturalization (N-400), plus other @USCIS forms down the road. 4/ reginfo.gov/public/do/eAge…
Meanwhile, @CBP will clarify criteria for B-1/B-2 visa applicants, "to ensure fair and consistent adjudication and enforcement" & "to make the criteria more transparent." Details unclear, but could affect millions of tourists & business travelers. 5/ reginfo.gov/public/do/eAge…
And another new proposal from @CBP that might require U.S. citizens to provide photographs or other biometric data upon entering or departing the United States. 6/ reginfo.gov/public/do/eAge…
And here's a new proposal from @ICEgov, which runs the Visa Security Program (VSP) and wants it to be funded by user fees instead of less predictable congressional funding. 7/ reginfo.gov/public/do/eAge…
Those are the @DHSgov immigration regulatory proposals that haven't been previously announced, as far as I can tell. But there are many more that were set in motion last year and could leave the starting gate soon... 8/
Dramatic changes to the "public charge" criteria that affect who gets a green card and which permanent residents are deportable (this draft rule could appear in the Federal Register very soon). 9/ reginfo.gov/public/do/eAge…
A new electronic registration program for #H1B petitions, which could also mean changes to the current lottery system. 12/ reginfo.gov/public/do/eAge…
Constraining the type of workers who could be eligible for #H1B visas, based on wages and skills. 13/ reginfo.gov/public/do/eAge…
Unspecified changes to #STEM OPT: "improve protections of U.S. workers who may be negatively impacted by employment of nonimmigrant students on F and M visas"; "comprehensive reform of practical training options intended to reduce fraud and abuse." 14/ reginfo.gov/public/do/eAge…
Tightening English language proficiency requirements for certain foreign health workers (interim final rule that would take effect immediately?) 15/ reginfo.gov/public/do/eAge…
Finally, note that many major changes to the legal #immigration system are happening *without* regulations (which take a long time to finalize). Instead we feel these changes through new policy memos (which are public) and new visa adjudication standards (which are not). 21/21
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🚨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."