So much is happening as usual on the immigration rule change front that it is getting harder and harder for immigrants to keep up. Here are five you should know:
1: The “Remain in Mexico” policy
The Supreme Court last week rejected a challenge to President Joe Biden’s effort to stop the previous administration’s “Remain in Mexico” program, which forced many asylum seekers to wait in Mexico for hearings before U.S. immigration judges.
Homeland Security Secretary Alejandro Mayorkas on Sunday told the hosts of both ABC’s “This Week” and CBS’ “Face the Nation” that the current policy will continue for the next few weeks.
“We need to wait until the Supreme Court’s decision is actually communicated to the lower court, to the federal District Court and the Northern District of Texas, and, once that occurs, the District Court should lift its injunction that is preventing us from ending the program,” Mayorkas told ABC’s Martha Raddatz.
In the meantime, migrants will continue to go through immigration enforcement proceedings, Mayorkas told CBS’ Margaret Brennan.
“Their proceedings will continue in immigration court, where they will pursue their claims for asylum. And if those claims are unsuccessful, they will be swiftly removed from the United States,” he said.
2: TPS for Cameroonians
The Department of Homeland Security (DHS) has designated Cameroon for Temporary Protected Status (TPS), for 18 months, effective June 7, 2022 through December 7, 2023. This designation allows Cameroonian nationals and individuals having no nationality who last habitually resided in Cameroon and who have continuously resided in the United States since April 14, 2022, and who have been continuously physically present in the U.S. since June 7, 2022, to apply for TPS. An estimated 11,700 individuals may be eligible, according to the U.S Citizenship and Immigration Services (USCIS).
3: Immigrant Petition for Alien Workers
The USCIS says it is implementing premium processing for certain petitioners who have a pending Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications.
The EB-1 visa is an employment-based green card available to foreign nationals who demonstrate extraordinary ability in their field, whether the sciences, the arts, education, business, or athletics.
EB-2 visas are available to professionals holding advanced university degrees and persons of exceptional ability in the sciences, arts, or business. The law allows foreign nationals to obtain a U.S. immigrant visa and green card through employment if they qualify under one of five preference categories.
This expansion of premium processing applies only to certain previously filed Form I-140 petitions under an E13 multinational executive and manager classification or E21 classification as a member of professions with advanced degrees or exceptional ability seeking a National Interest Waiver (NIW). Petitioners who wish to request a premium processing upgrade must file Form I-907, Request for Premium Processing Service.
4: New forms for EB-5 Investment Visa
USCIS has released two new forms under the EB-5 Reform and Integrity Act of 2022. The new forms are: Form I-956F, Application for Approval of an Investment in a Commercial Enterprise and Form I-956G, Regional Center Annual Statement. This relates to the Immigrant Investor Program that allows qualified foreign investors who meet specific capital investment and job creation requirements, to obtain their permanent residency and become proud contributors to the U.S.
Form I-956F is required by statute for regional centers to apply for approval of each particular investment offering through an associated new commercial enterprise. The filing fee is $17,795 for Form I-956F and $3,035 for Form I-956G.
5: E-21 petitions
As of July 1, 2022, USCIS began accepting Form I-907 requests for E21 NIW petitions received on or before June 1, 2021, and E13 multinational executive and manager petitions received on or before March 1, 2021. This applies to Members of the Professions holding an Advanced Degree or having an Exceptional Ability. The agency will now reject the older 09/30/20 edition of Form I-907.
The writer is publisher of NewsAmericasNow.com – The Black Immigrant Daily News.