DOJ Reaches Settlement with Staffing Agency for Discrimination Against Noncitizens

/

The Department of Justice (DOJ) announced a settlement agreement with Selective Personnel Inc. (SPI), a California staffing agency. The DOJ had determined that SPI’s predecessor business entity, South Bay Safety (SBS), violated the Immigration and Nationality Act (INA) by regularly discriminating against non-U.S. citizens when checking their permission to work in the U.S. SBS was found to have required non-U.S. citizens to present specific types of documentation reflecting their immigration status to prove their permission to work while U.S. citizens were permitted to present any acceptable document as itemized on the list of acceptable documents. SPI was determined to be a successor in interest to SBS and liable for the violations. Per the settlement agreement, SPI will pay civil penalties, train employees on the INA’s requirements, revise its employment policies, and be subject to departmental monitoring.

Link: Office of Public Affairs | Justice Department Secures Agreement with Staffing Agency to Resolve Claims of Employment Discrimination | United States Department of Justice

Increased Login Security for E-Verify and SAVE

/

DHS announced on June 17, 2024, that login security will be enhanced for E-Verify and Systematic Alien Verification for Entitlements later this year. E-Verify browser users will begin using Login.gov to log into E-Verify. A multi-factor authentication process will be implemented and required, rather than the system just requiring a password for access. For example, along with the password, users may be asked to enter a code sent to their email or phone. The Agency states that these enhancements are being rolled out to reduce the risk of unauthorized account access due to human error, misplaced passwords, and lost devices.

Link: E-Verify is Enhancing Security for Account Login | E-Verify

DHS Extends Employment Authorization for Haitian & Yemeni F-1 Nonimmigrant Students Experiencing Economic Hardship Due to Crises in Home Countries

/

DHS extended Haiti’s designation for Temporary Protected Status (TPS) for another 18 months from 8/4/2024 through 2/3/2026. Haitian nationals (and individuals having no nationality who last resided in Haiti) who have been continuously residing in the U.S. since June 3, 2024, and who have been continuously physically present in the U.S. since August 4, 2024, may apply or re-register for TPS. Haitian nationals who are in F–1 nonimmigrant status and who are experiencing severe economic hardship due to the current crisis in Haiti may request employment authorization, work an increased number of hours while in school, and reduce their course load without jeopardizing their F–1 status.

A special Student Relief notice for F-1 nonimmigrant students whose country of citizenship is Yemen, or individuals having no nationality who last habitually resided in Yemen, has also been released. These eligible students may also request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain valid F-1 status through the TPS designation period. See below for more information on the TPS re-designation period for Yemen.

Links: Federal Register: Employment Authorization for Haitian F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Current Crisis in Haiti; and Secretary Mayorkas Announces Extension and Redesignation of Yemen for Temporary Protected Status | USCIS

Improving Consular Visa Application Process for Graduates of U.S. Colleges

/

On June 18, 2024, the Biden-Harris Administration announced actions to more efficiently facilitate employment-based nonimmigrant visas for graduates of U.S. colleges and universities who have a job offer in the U.S. This initiative will allow certain individuals to receive nonimmigrant work visas more quickly if they are eligible. The DOS expects to issue clarifying guidance for consular officers in the next 30 days.

Link: For a Q&A see: https://travel.state.gov/content/travel/en/News/visas-news/easing-the-nonimmigrant-visa-process-for-u-s--college-graduates-.html

DOS to Expand Passport Agencies in U.S. and Tests Beta Release of Online Passport Renewal System

/

Citizens seeking to obtain a U.S. passport will have access to six additional new passport agencies which will eventually open in Salt Lake City, UT; Kansas City, MO; Orlando, FL; Charlotte, NC; San Antonio, TX; and Cincinnati OH. The Department of State (DOS) announced this effort to support the record number of citizens applying for passports. Currently there are 35 passport agencies and centers in the U.S. and over 7,400 public passport acceptance facilities nationwide. While applications for first-time passports and renewals continue by postal mail, the DOS is testing a “beta release” of an online system for citizens to renew their passports.  Applicants must try to capture an application window each day since the system will only open for a limited time midday ET each day, and close once the daily application limit has been reached. The daily limits on online renewals will continue for several months while the software development process continues.

Link: For a full list of eligibility requirements and procedures, see Renew my Passport Online (state.gov)

DHS Announces Process to Promote Unity and Stability of Families

/

Noncitizens may apply for lawful permanent residence (a “green card”) based on their marriage to a U.S. citizen, but many are forced to depart the U.S. and process their applications abroad, causing them to be separated from their U.S. family members for long and uncertain periods of time. To avoid this, DHS has established a new process to consider case-by-case requests for foreign nationals to complete the immigration process inside the U.S. If approved, the applicant is permitted to remain in the U.S. with their family and apply for work authorization for up to three years. To be eligible, applicants must:

  • Be present in the U.S. without admission or parole;

  • Have been continuously present in the U.S. for at least 10 years as of June 17, 2024; and

  • Have a legally valid marriage to a U.S. citizen as of June 17, 2024.

Link: To read the full announcement: FACT SHEET: President Biden Announces New Actions to Keep Families Together | The White House

The Demise of “Chevron Deference”: How the Recent Supreme Court Decision in Loper Bright v. Raimondo Could Change Immigration Practice

/

The 6/28/2024 Supreme Court decision in Loper Bright Enterprises et al. v. Raimondo, Secretary of Commerce, et al., made national headlines because of its wide-ranging impact on the federal agencies that generate, implement, and enforce regulations. In its decision, the Supreme Court overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984) – a 40-year-old precedent decision which held that when federal statutes are ambiguous, courts should defer to the relevant federal agency’s interpretation of how to apply them. In Loper Bright, a 6-3 conservative majority held that Chevron should be struck down as it conflicts with the federal judiciary’s constitutional role and with the Administrative Procedure Act, which instructs federal judges to “decide all relevant questions of law.” By limiting the broad regulatory authority of federal agencies, courts are no longer required to defer to them as to how to best interpret a statute. This opens the door to judicial challenges of agency decisions in every area of regulated law, including immigration and naturalization. Given that USCIS relies heavily on agency interpretations in its adjudications, Loper Bright now provides an opening for immigration advocates to challenge what they believe are improper statutory interpretations in court. At the same time, some argue that programs like Deferred Action for Childhood Arrivals (DACA) could be negatively impacted since DACA’s very existence is based on agency interpretation of an existing statute.

Link: To read the full Supreme Court decision: Opinions of the Court - 2023 (supremecourt.gov)

Visa Bulletin - June 2024

/

Each month, the U.S. Department of State (DOS) publishes the Visa Bulletin, listing all "preference" categories and states whether a backlog exists for each one. In addition, the categories are folded into two charts: “Final Action” chart and a “Dates for Filing” chart for Family-Based immigration and Employment-Based immigration.

In June, the EB-1 preference category on the Final Action Chart remains current for all countries other than China and India. The EB-1 priority dates for China and India for May are September 1, 2022 and March 1, 2021 respectively.  

U.S. Citizenship and Immigration Services (USCIS) determined that Chart A (Final Action Dates Employment-Based Visa Applications) could be used in May. Both the EB-2 and EB-3 preference categories remain backlogged for all countries, which means that individuals in these categories may not file Form I-485 applications until their priority dates become “current.”

The June Visa Bulletin noted that due to high demand in the employment-based second (EB-2) and third (EB-3) categories, this will most likely necessitate retrogression of the worldwide final action date (including Mexico and Philippines) in these categories next month to hold number use within the maximum allowed under the Fiscal Year 2024 annual limit.

The complete Visa Bulletin, including priority dates for family-based immigrant applications, can be found on the Department of State website.

If you have questions about planning, please schedule a consultation with one of the attorneys at Iandoli, Desai & Cronin (info@iandoli.com).

Link:

Visa Bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2024/visa-bulletin-for-june-2024.html.