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Dear Readers,

Welcome back to the latest edition of the NawLaw Report. It’s been a busy couple of weeks in the U.S. immigration world, but don’t worry. At NawLaw, we're here to support you every step of the way!

H-1B Visa Lottery Bids Plummet After U.S. Crackdown on People ‘Gaming the System’

Lottery bids for highly educated worker visas decreased by almost 40% this year, marking a significant drop from previous years. U.S. Citizenship and Immigration Services (USCIS) attributed this decline to measures aimed at preventing individuals from submitting multiple, potentially dubious applications to increase their chances of selection unfairly. The change followed concerns raised by major technology companies, which faced challenges for their employees and prospective hires due to the surge in lottery bids. The government's decision to limit each employee to one lottery entry, regardless of the number of job offers, aimed to address fraud and abuse in the system. Despite a slight decrease in the number of workers applying for H-1B visas, the substantial reduction in multiple applications indicates a decrease in attempts to exploit the system. USCIS Director Ur Jaddou emphasized the need to prevent gaming of the system and ensure that visas are awarded to those who will contribute positively to the nation. While the changes were welcomed by some, critics argue that more comprehensive reforms are needed, including awarding visas based on higher wages rather than through a random lottery system.

U.S. Gives 100,000 Migrants Citizenship

In fiscal year 2023, refugees and asylees constituted approximately one-ninth of all new U.S. citizens, with a total of over 100,000 migrants—comprising 71,100 asylees and 29,000 refugees—naturalized. USCIS data indicates that naturalization ceremonies in fiscal 2022 and 2023 represented 24 percent of all naturalizations over the past decade. Eligibility for naturalization typically requires spending at least five years as a lawful permanent resident (LPR), with exceptions for spouses of U.S. citizens who must spend at least three years as LPRs. Immediate relatives, including spouses, parents, and children, comprised the largest group of naturalized citizens, totaling 291,100, followed by those under family preference categories and migrants based on employment preferences. California led in new naturalized citizens by state, with significant increases also observed in cities like Brooklyn, Miami, and Houston.

Biden Expands ObamaCare to ‘Dreamers’

The Biden administration announced a new rule granting certain DACA recipients access to the Affordable Care Act (ACA) marketplace, allowing them to enroll in qualified health plans and receive financial assistance. This decision reflects President Biden's commitment to supporting Dreamers and extending healthcare as a fundamental right to all Americans. DACA recipients, who arrived in the U.S. as minors, have generally garnered broader public support than other undocumented groups. The new rule, effective from November 1, is expected to enroll around 100,000 DACA recipients in marketplace plans or basic health programs, addressing the significant uninsured rate among this population. While DACA recipients were previously excluded from Obamacare benefits, the new rule aims to improve their access to healthcare and strengthen the overall health and well-being of the nation.

Justice Department Warns It Plans to Sue Iowa Over New State Immigration Law

The U.S. Department of Justice (DOJ) has informed Iowa's top officials of its intention to sue the state over a new law that criminalizes being in Iowa if an individual has previously been denied admission to the U.S. The DOJ argues that the statute infringes upon the federal government's authority to enforce immigration law, echoing a similar lawsuit against Texas over a comparable law. Iowa Governor Kim Reynolds and Attorney General Brenna Bird were notified by the DOJ and given until May 7 to agree not to enforce the law, but Bird indicated that the state is unlikely to comply with the federal terms. The Iowa law, slated to take effect on July 1, would enable criminal charges against individuals with outstanding deportation orders or prior denials of admission to the U.S., a provision raising concerns and prompting protests within Iowa's immigrant communities. Reynolds and other Republicans have criticized President Biden, alleging a lack of enforcement of existing federal immigration laws as the motivation behind the enactment of the Iowa law.

USCIS Announcement: H-1B Electronic Registration Process

The latest update from USCIS provides comprehensive insights into the H-1B cap registration process for fiscal year 2025. It starts by explaining the requirement for prospective petitioners to electronically register and pay the associated H-1B registration fee for each beneficiary. This electronic registration system aims to streamline processing, reduce paperwork, and offer cost savings to employers filing H-1B cap-subject petitions. The registration process involves providing basic information about the prospective petitioner and each requested worker, with selections made after the initial registration period closes. USCIS announced a final rule on January 30, 2024, to strengthen integrity and reduce fraud, implementing a beneficiary-centric selection process and adding more integrity measures.

The final rule, effective from March 4, 2024, applied to the FY 2025 registration process. Registrants were required to provide valid passport or travel document information for each beneficiary, ensuring fairness and accuracy in the selection process. Despite receiving enough registrations to meet the fiscal year 2025 H-1B numerical allocations, there was a notable decrease in the total number of registrations submitted compared to the previous year, indicating potential effectiveness in fraud deterrence. USCIS emphasizes its commitment to upholding the integrity of the H-1B program and enforcing compliance with registration rules, including penalties for false attestations. The agency highlights ongoing fraud investigations and asserts its dedication to meeting the evolving needs of the U.S. labor market through lawful implementation of the H-1B program.

Is It Easy for Migrants to Enter the U.S.? We Went to the Border to Find Out

Walking south from the U.S. into Mexico is relatively easy, but going the other way presents significant challenges, as NPR journalists experienced firsthand during a visit to the border between Nogales, Arizona, and Nogales, Sonora. At the legal port of entry, they observed the bustling trade between the two countries while also witnessing the plight of migrants hoping to cross into the U.S. The Kino Border Initiative, a nonprofit organization, provides assistance to migrants, many of whom face long waits and uncertain futures due to overwhelmed asylum processing systems. The flow of asylum seekers has surged in recent years, prompting various policy responses from U.S. administrations, including the requirement for asylum seekers to remain in Mexico while awaiting court hearings. Despite the risks and challenges, migrants like Carla and Jose from Venezuela persist in their journey, hoping for a better life in the U.S. Their story reflects the complex dynamics and human struggles at the heart of the immigration issue along the U.S.-Mexico border.

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