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Weekly Immigration Bulletin: August 26, 2024

Texas leads 16 states in lawsuit targeting Biden immigration program


Sixteen Republican attorneys general sued the Biden administration over a program that offers an easier path to permanent residency for undocumented spouses and stepchildren of U.S. citizens. The lawsuit, led by Texas Attorney General Ken Paxton, claims the program is unconstitutional and rewards illegal immigration. The program, which opened for applications on Monday, allows eligible applicants to legally work in the U.S. while bypassing rules that previously forced many to leave the country for years. It's expected to benefit approximately 550,000 people, including 50,000 stepchildren under 21 years old.


 

Judge rejects Texas Attorney General Ken Paxton’s attempt to shut down Houston immigrant rights group


A Houston judge denied Attorney General Ken Paxton's attempt to shut down FIEL, an immigrants' rights organization, rejecting claims that the group violated nonprofit rules by making political statements. The judge dismissed Paxton's request for a temporary injunction and halted the case from proceeding further. FIEL, which provides services to immigrant families, had been accused of violating federal rules governing nonprofits' political involvement by criticizing prominent Republicans and Texas immigration policies. The organization's lawyers argued that FIEL was exercising its First Amendment rights to free speech.


 

What Democrats Said About Immigrants And Immigration Policy At The DNC


The 2024 Democratic National Convention outlined several key immigration proposals. Kamala Harris pledged to revive and sign a bipartisan border security bill that had been opposed by Donald Trump. The Democratic platform proposed expanding legal immigration by 250,000 green cards over 5 years through the U.S. Citizenship Act, while also supporting asylum system reforms and temporary emergency border closure authority. Democrats advocated for creating an earned pathway to citizenship for undocumented immigrants and protecting long-term residents from deportation, including DACA recipients and spouses of U.S. citizens who have been in the country for at least ten years. The party also expressed support for continuing humanitarian parole programs for nationals of Cuba, Haiti, Nicaragua, and Venezuela, which have been credited with reducing illegal border crossings.


 

California bill that could open new path to homeownership for undocumented immigrants advances


A California bill (AB 1840) that would allow undocumented immigrants to qualify for the state's first-time homebuyer loan program has passed the Senate Appropriations Committee and now faces a Senate floor vote. The bill, introduced by Assemblymember Joaquin Arambula, aims to expand eligibility for the California Dream For All Shared Appreciation program by explicitly including undocumented immigrants who meet the program's criteria. If passed and signed by Governor Newsom, the bill would broaden the definition of "first-time home buyer" to include undocumented immigrants, potentially opening a new path to homeownership for this group.


 

Havana Visa Thaw: U.S. Embassy Reopens Door for Cuban Workers and Exchange Visitors


The U.S. Embassy in Havana will expand visa services on August 19, 2024 to include certain temporary work and exchange program visas, but B1/B2 visas remain suspended. Eligible categories include H, J, L, O, P, Q, and R visas, with applicants required to submit evidence of approved petitions or certificates of eligibility. Cubans seeking B1/B2 visas must still apply at other U.S. embassies or consulates. The expansion aims to facilitate travel for specific work and exchange purposes, but visa issuance is not guaranteed and applicants must meet U.S. legal requirements.


 

U.S. employment-based immigrant visas EB-3, EW and EB-5 reach annual limit for FY 2024


The State Department announced that annual limits for EB-3, EW, and EB-5 visas have been reached for fiscal year 2024. No more visas in these categories can be issued until the new fiscal year starts on October 1, 2024. The Immigration and Nationality Act sets specific limits for these visa categories, with EB-3 and EW combined at 28.6% of the worldwide employment limit, and EB-5 at 7.1%. These visas are important for bringing essential workers to the U.S. and creating employment opportunities.


 

OFLC Announces Final Decommission of Permanent Online System and USCIS Offers Guidance for Filing I-140 Using New Form ETA-9089


The U.S. Department of Labor is decommissioning its legacy iCERT system for labor certification applications on December 1, 2024, transitioning fully to the new Foreign Labor Application Gateway (FLAG) system. OFLC has begun issuing PERM certifications using the new Form ETA-9089 in the FLAG system. USCIS has provided guidance on filing Form I-140 with the new Form ETA-9089, requiring only the signed two-page final determination document for PERM-based petitions. Stakeholders must access and manage pending applications in the legacy system before November 30, 2024, after which they'll need to contact the PERM Help Desk for any actions on legacy applications. This transition is part of the DOL's efforts to modernize the permanent labor certification process.

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