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Weekly Immigration Bulletin: August 5, 2024



USCIS Will Conduct Second Random Selection for Regular Cap from Previously Submitted FY 2025 H-1B Cap Registrations


USCIS will conduct a second random selection for the FY 2025 H-1B regular cap from previously submitted registrations to meet the numerical allocation. This second selection will not include the advanced degree exemption, as enough registrations were already selected for that category. Selected petitioners will be notified and can file H-1B cap-subject petitions for the named beneficiaries. USCIS will update the online accounts of those selected with details on filing.


 

California Public Utilities Commission proposes subsidized cell service for undocumented immigrants


The California Public Utilities Commission has proposed that the California Lifeline program, which offers discounts on cell phone service, be extended to undocumented immigrants. This decision, pending a formal vote on August 22, would remove the requirement for Social Security numbers from the application process. The program provides discounts of up to $19 monthly on cell phone service and up to $39 off a service connection. The change aims to make cell phone service more affordable for low-income Californians, including illegal aliens and those without Social Security numbers.


 

City of East Chicago rescinds sanctuary city ordinance in response to lawsuit by Indiana Attorney General


The City of East Chicago repealed its “Welcoming City Ordinance,” leading Indiana Attorney General Todd Rokita to drop his lawsuit against the city for not complying with federal immigration laws. Rokita praised the decision, stating it aligns with state law and benefits legal immigrants. However, Rokita continues his similar lawsuit against Monroe County for its “sanctuary city” policies. He has also warned other Indiana cities, including Gary and West Lafayette, of potential litigation if they do not rescind their local policies.


 

Missouri AG filing lawsuit against Biden administration for allegedly flying illegal immigrants to state


Missouri Attorney General Andrew Bailey has filed a lawsuit against the Biden Administration's Department of Homeland Security (DHS) for failing to provide documents and communications regarding the transportation of illegal immigrants into Missouri. The lawsuit alleges that DHS violated the Freedom of Information Act (FOIA) by not fulfilling the request. Bailey claims that the administration is trying to hide information and has been using delay tactics to avoid producing documents. The lawsuit seeks a declaration that DHS failed to satisfy the FOIA request and an order compelling them to turn over the requested documents.


 

Asylum officers' union backs ACLU lawsuit against Biden's border restrictions


The union representing asylum officers is backing a lawsuit against the Biden administration's asylum restrictions at the border. The policy, enacted in June, turns away most migrants, including asylum seekers, violating US immigration statutes. The union argues the policy is ineffective, illegal, and prevents officers from doing their jobs. They claim it will remove many qualified asylum seekers and strip them of the opportunity to raise their claims.


 

O-1A Visas, National Interest Waivers Rise After Immigration Guidance


The Biden administration’s 2022 guidance led to a significant rise in O-1A visa and national interest waiver applications and approvals. This guidance aimed to attract high-skilled STEM talent by expanding eligibility and clarifying criteria. While approvals for O-1A visas and national interest waivers increased initially, scrutiny from USCIS has also intensified. The guidance reversed previous restrictive policies and was welcomed by businesses and professionals, though attorneys note the need for careful case preparation.


 

How Thousands of Middlemen Are Gaming the H-1B Program


The H-1B visa program, designed to help US companies hire skilled foreign workers, is being exploited by outsourcing companies and IT staffing firms. These middlemen flood the lottery system with entries, often using tactics like multiple registrations for the same worker, which crowds out other businesses and talented immigrants. Nearly half of H-1B visas went to outsourcing or staffing companies, who typically pay lower wages and may not have real jobs lined up for visa winners. Despite attempts to reform the system, including recent changes to prevent multiple registrations, the program remains vulnerable to manipulation. This distortion of the H-1B program fails US workers, shortchanges the economy, and enriches a class of visa middlemen.


 

D.C. Circuit Upholds Lifeline for H-4 Spouses: EADs Secure Dual-Income Stability for Thousands of Families


The D.C. Circuit Court of Appeals affirmed the DHS's authority to grant Employment Authorization Documents (EADs) to H-4 dependent spouses of H-1B visa holders on August 2, 2024. The court rejected the plaintiff Save Jobs USA's arguments and upheld a previous decision supporting DHS's interpretation of the Immigration and Nationality Act. The ruling supports the continuation of EADs for H-4 visa holders, benefiting around 90,000 families by allowing dual-earning households. This decision helps maintain family unity and retain high-skilled workers in the U.S.


 

5th Circuit avoids immigration-invasion argument in ruling for Texas in buoy barrier case


The 5th U.S. Circuit Court of Appeals allowed Texas to keep its 1,000-foot floating buoy barrier in the Rio Grande River during a legal challenge. The court rejected the U.S. Department of Justice’s interpretation of the Rivers and Harbors Appropriation Act of 1899, which prohibits obstructions in navigable waterways. The court found that the U.S. is unlikely to prove the barrier is in a navigable section of the river. Texas Attorney General Ken Paxton hailed the decision as a major victory. The court did not address Texas’ secondary argument that the buoys are justified under the Constitution’s invasion clause.


 

Proposed Texas State law pushes for tougher immigration detention rules following Texas girl's killing


A proposed law, the "Justice for Jocelyn Act," aims to limit the release of detained immigrants following the killing of a 12-year-old Houston girl allegedly by two Venezuelan men who entered the US illegally. The men were released by ICE with orders to appear in court, but were not detained due to available alternatives. The proposed law would prevent release if detention center beds are available and impose stricter monitoring and deportation rules. The bill is supported by the girl's family and some lawmakers, but opposed by migrant rights groups who argue it would "demonize immigrant communities" and expand ICE's surveillance system.


 

How U.S. Immigration Law Will Be Impacted By Chevron Doctrine Change


The US Supreme Court's decision to overturn the Chevron Doctrine will significantly impact US immigration law, leading to increased litigation, inconsistent rulings, and delays. The Chevron Doctrine allowed courts to defer to federal agency expertise in interpreting ambiguous statutes, ensuring efficiency and consistency. Without it, courts will need to delve into complex regulatory issues, potentially slowing case resolution and undermining the legal system's efficiency. This change may complicate immigration law, affecting visa regulations, deportation proceedings, and policies like the EB-5 investor immigration program.

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