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Dear Readers,

We're very excited to have you back for the NawLaw Report, where we keep you informed about crucial immigration news, updates from our firm, and much more. This week, we’re bringing you not just the latest immigration news developments, but updating you on the most recent and significant USCIS announcements. We're here to support you every step of the way!

USCIS Increases Automatic Extension of Certain Employment Authorization Documents to Improve Access to Work Permits

USCIS has announced a temporary final rule (TFR) to extend the automatic extension period for certain employment authorization documents (EADs) from 180 days to 540 days. This move aims to prevent work-authorized noncitizens from experiencing lapses in employment authorization while awaiting adjudication of their EAD renewal applications. The extension aligns with efforts to support access to work for eligible individuals and is part of broader modernization initiatives. USCIS has significantly reduced processing times for EADs and streamlined adjudication processes over the past year. The TFR applies to eligible applicants who timely filed an EAD renewal application on or after October 27, 2023, and will benefit approximately 800,000 EAD renewal applicants. USCIS is soliciting feedback from the public to inform potential future regulatory action.

USCIS Announces Information Regarding EB-5 Regional Center Audits

The new provisions outlined in section 203(b)(5)(E)(vii) by the EB-5 Reform and Integrity Act of 2022 mandate that each designated regional center must undergo an audit at least once every five years. This audit will scrutinize documentation required by the regional center and the flow of immigrant investor capital into investment projects. Regional center audits aim to enhance the integrity of the EB-5 program by validating information in applications, certifications, and associated investor petitions. If a regional center refuses to participate in a site visit during an audit, the visit will be canceled, potentially leading to termination of the regional center's designation. However, non-consent or obstruction of an audit may result in termination. While there are generally no immediate adverse consequences from a negative audit result, findings may influence ongoing eligibility for designation and compliance with relevant requirements. Starting April 23, audits will generally adhere to Generally Accepted Government Auditing Standards (Yellow Book), aiding in verification of information provided by regional centers and assessing compliance with applicable laws. A new EB-5 Regional Center Audits webpage has been launched to provide guidance to regional centers on the audit process.

USCIS Announces New Guidance on Form I-693 Validity Period

U.S. Citizenship and Immigration Services (USCIS) has announced that any Form I-693, Report of Immigration Medical Examination and Vaccination Record, completed and signed by a civil surgeon on or after Nov. 1, 2023, will not expire and can be used indefinitely to demonstrate that an applicant is not inadmissible on health-related grounds. This decision, made in consultation with the Centers for Disease Control and Prevention (CDC), is based on advancements in public health electronic notification systems. USCIS officers may still request additional evidence or a new Form I-693 if they suspect changes in the applicant's medical condition since the initial examination or if they believe the submitted form does not accurately reflect the applicant's health status. However, for medical examinations completed before Nov. 1, 2023, the prior policy remains in effect, with Form I-693 retaining evidentiary value for two years from the date of the civil surgeon's signature. This policy does not apply to Forms I-693 filed by Operation Allies Welcome parolees, as their forms retain evidentiary value for three years from the date of the civil surgeon's signature. More information can be found in the USCIS Policy Manual.

Judge Says U.S. Must Relocate Migrant Kids from Open Air Sites in California

A federal judge in Los Angeles has recently ordered U.S. border officials to promptly process and relocate migrant children from makeshift open-air sites in Southern California due to documented squalid conditions. Judge Dolly Gee ruled that the children, although not formally processed, are entitled to rights and protections under the Flores Settlement Agreement while in U.S. custody, as their movement is controlled by Border Patrol agents. The ruling pertains to seven sites near San Diego and Jacumba Hot Springs, where children reportedly lack adequate food and sanitary facilities. Customs and Border Protection stated they are reviewing the ruling, while advocates welcomed the decision amid increased migrant crossings in Southern California.

Migrant Border Crossings Dip in March, with U.S. Officials Crediting Crackdown by Mexico

In March, the number of migrants apprehended along the U.S.-Mexico border decreased for the first time in seven years, attributed mainly to an immigration crackdown by the Mexican government. Despite historical trends of increased migration during spring, the Biden administration welcomed the unexpected decline in illegal crossings, which officials partly attribute to Mexico's enhanced efforts to deter U.S.-bound migration. Increased deportations by the U.S. and fortification efforts by Texas Governor Greg Abbott also contributed to the downturn. While the Biden administration considers tightening asylum rules, officials emphasize the need for congressional action to reform the outdated immigration system.

Louisiana Advances Bill to Allow Local Authorities to Enforce Immigration Laws

Louisiana's Republican-controlled senate has advanced a bill empowering state and local law enforcement to arrest and jail individuals who entered the US illegally, mirroring Texas legislation. Supporters argue it's the state's right to protect the nation, while opponents deem it unconstitutional and ineffective, fostering negative rhetoric against migrants. Amid similar actions in conservative states like Oklahoma, Tennessee, Iowa, and Idaho, Louisiana's new Republican leadership has prioritized immigration enforcement. The bill proposes fines and imprisonment for violations and authorizes interstate compacts for border security efforts. Critics fear racial profiling and court backlog, emphasizing federal responsibility and potential legal challenges. If enacted, it would depend on the Supreme Court's decision on the Texas law or a constitutional amendment.

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