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Dear Readers,

Welcome to another week of important updates in the world of immigration! In this week's Client Alert, we'll be covering the latest policy changes, legal insights, and crucial developments that could impact your immigration journey. Stay informed and empowered with the knowledge you need to navigate the ever-evolving landscape of immigration law.

Proposed Rule Changes for H1B Visa Program: Lottery, Others Summary

Recent additions and clarifications have been made to a H-1B modification proposal that began back in June 2021. The modifications are an attempt to “modernize” the H-1B visa system, including the addition of new benefits and flexibilities, as well as guardrails to increase the integrity of the system and prevent fraud. While many of the proposed changes are indeed “new”, such as extending the cap gap for F1 students who file a H-1B petition and filing multiple H-1B offers as one lottery registration, several of the changes are just an attempt to officially codify many USCIS practices that are already commonly used. None of the proposed changes are in any way final, and are currently out for public comment under Notice For Proposed Rulemaking (NFPR). As such, the proposed modifications are subject to possible change before finalization.

For a direct link to the USCIS announcement, click the button below.

USCIS Issues Policy Guidance Regarding the 2-Year Foreign Residence Requirement for the J Nonimmigrant Classification

The United States Customs and Immigration Service (USCIS) on Tuesday issued a policy guidance in its policy manual regarding the 2-year foreign residence requirement for nonimmigrant exchange visitor (J) classification. The guidance is effective immediately upon its publication, and provides additional information on how the USCIS decides whether the requirement has been met or not, clarifies the evidence a benefit requestor may submit to demonstrate meeting the requirement, and discusses cases in which it is effectively impossible for a benefit requestor to demonstrate meeting the requirement. The announcement links to a PDF of the full policy alert at the bottom of the page.

Venezuelans Become Largest Nationality for Illegal Border Crossings

According to recent figures released on Saturday, Venezuelans have become the largest nationality arrested for illegally crossing the U.S. border, replacing Mexicans for the first time on record. Additionally, the figures show that September had the second highest month for arrests of all nationalities. Over the last decade, Venezuela has been experiencing an economic, humanitarian, and political crises, causing many Venezuelan nationals to leave the country; originally settling in neighboring Latin American countries, increasing instability in the region has caused those who left Venezuela to head to the U.S. The Biden-administration has taken a “carrot-and-stick” approach to address the situation, increasing the number of legal pathways for migrants while increasing punishments for those that don’t adhere.

Abbot Fences Off Border With New Mexico for ‘Immigration.’ Maybe Just Do the Whole State.

On the orders of Texas Governor Abbot, the Texas National Guard has begun stretching miles of concertina wire along its border with New Mexico. This comes in the wake of the controversy surrounding the barbwire buoy barrier in the Rio Grande River. The stated intent of the new border wire is to prevent migrants who came in to the country via New Mexico from crossing into Texas. Some critics have called this latest move by Abbot as just another cruel stunt to appear tough on immigration, rather than addressing the root of the problem. The author of the article semi-sarcastically suggests that the Governor should keep going and fence off the whole state, not to protect Texas from migrants but rather to protect the rest of the United States from Texas.

Biden to Host First-of-its-Kind Americas Summit to Address Immigration Struggles

On November 3rd, President Biden will be hosting a summit in Washington D.C., inviting representatives from 11 countries from North, Central, and South America to discuss recent struggles regarding immigration, the first of its kind. A senior Biden-administration official states that the goal of the summit is to “drive more inclusive and sustainable economic growth, and tackle the underlying economic drivers of irregular migration in our hemisphere.” The administration official added that the leaders at the summit are expected to establish three distinct tracks (trade, foreign affairs, and finance) to set specific goals and create processes to immediately begin executing them. It is not yet clear if representatives from all 11 countries will be present at the summit, and leaders from El Salvador, Guatemala, and Honduras were not invited due to their intentional absence at last year’s Americas Partnership for Economic Prosperity accords.

U.S. to Create New Immigration Program for Ecuadorians Aimed at Discouraging Border Crossings

According to internal Department of Homeland Security documents obtained by CBS news, the Biden administration will be opening a new pathway for legal immigration for certain Ecuadorian migrants in an attempt to dissuade border crossings. The pathway includes a family reunification program that will allow eligible Ecuadorians to fly to the U.S. and apply for temporary work permits, given that their U.S.-based relatives sponsor them for an immigrant visa. The program, according to the D.H.S. documents, is hoped to “provide an alternative to dangerous irregular migration” and prevent the treacherous trek to the U.S.-Mexico border. In a statement confirming the documents, D.H.S. secretary Alejandro Mayorkas remarked “Establishing this process for certain Ecuadorian nationals will ensure more families can access lawful pathways rather than placing themselves at the mercy of smugglers to make the dangerous journey.”

U.S. Passport Holders Will Need a Visa to Travel to Europe in 2025

The United States will be a launch-member for the European Travel Information and Authorization System (ETIAS) , expected to be implemented in 2025. The ETIAS program is intended to “screen travelers arriving from overseas as a response to the global increase in terror activities.” As such, all U.S. citizens will be required to fill out an ETIAS application prior to boarding any aircraft, sea vessel, or coach vehicle traveling to, or through, Europe. Additionally, any U.S. citizen that wants to enter and stay in Europe for over 90 days will need to apply for a Schengen visa.

Maine Wants Waiver to Allow Asylum Seekers to Work Sooner

A recent letter sent by the Maine Department of Labor, approved through a resolution signed by Maine Governor Janet Mills, is requesting a waiver from the Department of Homeland Security and U.S. Customs and Immigration Services to allow asylum seekers in their state to work sooner. Currently, Immigration and Nationality Act provisions prohibit asylum seekers from seeking employment for six months after they apply for asylum. The letter does not specify how much to shorten the waiting time, but does emphasize the need for the exception given the combination of the recent migrant surge and the state’s economic growth. In parallel at the federal level, Maine’s Senators Susan Collins and Angus King, as well as Representative Chellie Pingree, have sponsored a congressional bill enabling asylum seekers to gain work authorization on a faster timetable.

Michigan Civils Rights Commission Calls for Action on Undocumented Immigrant Driver’s Licenses

On Monday in Traverse City, the Michigan Civil Rights Commission (MCRC) passed a unanimous resolution requesting action be taken to permit undocumented immigrants access to driver’s licenses. There currently exists legislation introduced in both houses of the Michigan Legislature to enable this, but as of late no forward movement has been made. The MCRC states in the resolution, “Readily available access to transportation is an essential condition for maintaining a livelihood and taking advantage of opportunities, and resources for millions in Michigan, which is facilitated by acquiring a state driver’s license.” Currently, at least 18 other U.S. states/territories allow for people without proof of residency to qualify for a driver’s license.

Immigrants are Coming to North Dakota for Jobs. Not Everyone is Glad to See Them.

The article discusses the impact recent refugee and immigrant arrivals have had on various North Dakota communities. With a 2% unemployment rate and recent economic growth, many North Dakota businesses are struggling to fill job openings. Companies like ComDel Innovation, a medical device manufacturer, have been turning to programs like Uniting for Ukraine, a legal pathway that allows Ukrainians to come to the U.S. and work for two years, in order to hire employees. Former Lieutenant Governor Sanford remarked “As hard as this is, its been easier to get 40 Ukrainian people here into these jobs than to get 40 people from you name the other state.” While many employers are ecstatic about the growing immigrant population, some North Dakota citizens expressed hesitance. One Bismarck local stated “It wasn’t about trying to keep outsiders out. We just don’t want people dumped here.”

Firm Announcement 📣

Neil Attends Clients of NawLaw’s Opening Night at the Nathalie Karg Gallery🎨

Neil's presence at the Nathalie Karg Gallery for the opening of artist Sarah Peter's exhibition was a testament to his passion for the arts. Amidst the vibrant atmosphere, he embraced the fusion of creativity and culture, fostering connections with both the artwork and fellow enthusiasts. Neil's commitment to supporting local artists and the arts community shines brightly in such engaging events.

Paws and Claws in Costume: NawLaw's Adorable Halloween Pets 🐾

NawLaw Firm's Halloween spirit extends beyond its human team members to their beloved furry friends! Our office is filled with adorable and spooktacular pets, each donning their own creative costumes to join in the festive fun. From four-legged witches to canine superheroes, our Halloween pets bring an extra dose of joy and laughter to the workplace. 🎃

Client Testimonials

“We deeply appreciate your diligent efforts that contributed to my father receiving his green card. Your dedication and expertise have been invaluable to us. Amazing job!!!” - Client from Russia, via email

“I worked with the law firm of Neil Weinrib and Associates in New York to successfully secure a H-3 trainee visa, which is very hard to get. I want to sincerely thank NawLaw and in particular Neil and Kimberley. They were great partners to have as they are experts in immigration law. So if you are looking for experience and expertise in immigration law, look no further than the outstanding and friendly team at NawLaw!” - Client from Ireland, via yelp

“I have been a client of Neil's for over 15 years. I keep re-hiring the team because of the incredible results I keep achieving! They are professional, kind, efficient and 100% trustable. I highly recommend them on a regular basis! So grateful for their work for me and the success I am experiencing!!! Thank-You Team Neil A. Weinrib & Associates!” - Client from California, via yelp

Thank you for being a valued part of our global client community. Stay tuned for weekly immigration updates.

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