Quick Read: Green Card & Immigration News: Changes You Need to Know
The United States' immigration system continues to undergo significant changes that impact individuals and families seeking to live and work in the country. Recent updates and announcements from the U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security have sparked renewed interest in the green card and immigration process. In this article, we will provide an overview of the key changes and updates that affect green card holders, immigrants, and employers.
Changes to the Public Charge Rule
In 2021, the Biden administration revised the public charge rule, which affects immigrants seeking to enter the United States or adjust their immigration status. The new rule no longer considers non-cash public benefits, such as Medicaid, the Supplemental Nutrition Assistance Program (SNAP), or housing assistance, when evaluating an immigrant's eligibility for a green card or visa.
The revised public charge rule reflects a shift in the administration's approach to immigration policy, with a focus on promoting self-sufficiency and supporting immigrants' integration into American society. According to a USCIS official, "the new rule recognizes that many immigrants come to the United States with skills, education, and talents that make them valuable contributors to our economy and society." (Source: USCIS Public Charge Fact Sheet)
Impact on Immigrants
The revised public charge rule affects immigrants in several ways:
* Eligible for green card applicants will no longer be required to show that they are not likely to become a public charge.
* The definition of "public charge" has been narrowed to include only cash benefits, such as welfare or cash assistance, for immigrants.
* The rule change has led to an increase in green card approvals, as fewer immigrants are considered likely to become public charges.
Changes to the Adjustment of Status (AOS) Process
The USCIS has also introduced changes to the AOS process, which affects immigrants adjusting their immigration status to a green card. Some of the key updates include:
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Biometric Services Scheduling
* Immigrants must schedule a biometric services appointment at a USCIS Application Support Center within 30 days of filing their AOS application, or 30 days of receiving a transfer notice from the USCIS.
* Appointments can be scheduled online or by calling the USCIS contact center.
* Immigrants may need to attend multiple appointments, including a medical examination and a background check.
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Background Checks
* Immigrants are now required to undergo a background check as part of the AOS process.
* The background check includes a review of the individual's fingerprints, a Social Security number check, and a check of any pending or past law enforcement interactions.
* The background check may be requested if the immigrant has any prior immigration enforcement involvement or encounters.
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Medical Examination
* Immigrants are no longer required to undergo a medical examination as part of their AOS application, but it can be requested by the USCIS at any time during the application process.
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Filing Fee Increases
* Filing fees for the AOS application have increased for immigrants.
* Changes to Expedited Processing
Additionally, changes to the expediting process for AOS applications and other immigration benefits have been made by the USCIS:
* New expedited processing fee structure: $650 instead of $540, and $250 less of expedited processing fee can be paid to the government.
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Criteria for Expedited Processing
* USCIS is required by law to process expedited applications within 30 days or less.
* Expedited processing may be granted for reasons like a medical emergency, humanitarian considerations, or a life-threatening emergency; family emergencies, severe financial losses and other extraordinary circumstances that require a more urgent resolution.
Changes to Work Visas
The Biden administration has also introduced changes to the work visa process, which affects employers and employees seeking to work in the United States. Some of the key updates include:
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H-1B Visa Cap
* The H-1B visa cap has increased to 85,000 for fiscal year (FY) 2023.
* The number of H-1B visas available for foreign graduate students has doubled, allowing more students to work in the United States after graduation.
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F-1 Visa STEM OPT Extension
* International students in the United States on an F-1 visa can now apply for a 24-month STEM OPT extension while working for a U.S. employer.
* This program extends the OPT period for science, technology, engineering, and mathematics (STEM) degrees.
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New Work Visa Petition Categories
* The Biden administration has introduced several new work visa petition categories, including the new W Visa Petition which allows the foreigner to enter the United States and apply for a W visa if they have certain work-related conditions met.
Green Card Application Backlog
The backlog of green card applications remains a significant challenge for immigrants. According to the USCIS, there are over 1.3 million pending green card applications, with some wait times exceeding several years.
Ryan Guevara, an immigration lawyer, notes, "The sheer volume of applications and the lack of resources at the USCIS have led to a severe backlog, causing frustration and concern for many immigrants."
Immigration Reforms and Proposed Legislation
The Biden administration has proposed several immigration reform bills and programs, including the U.S. Citizenship Act and the Immigration Law Modernization Act. Some of the key features include:
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Path to Citizenship
* The proposal would create a new pathway to citizenship for certain undocumented immigrants who have been in the United States for several years.
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Employment-Based Immigration
* The proposal would increase the number of employment-based visa available.
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Family-Based Immigration
* The proposal would eliminate the per-country limit for family-based immigration, allowing more immigrants to bring their family members to the United States.
While these changes and updates provide some clarity and direction, the landscape of immigration law continues to shift. As the administration proposes new reforms and updates current policies, we will continue to bring you the latest news and insights on green card and immigration matters.
Resources for Immigrants
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USCIS Website: [www.uscis.gov](http://www.uscis.gov)
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Immigration Lawyer or Organization: [Find a reputable immigration lawyer or organization in your area to provide guidance and support.](https://www.immigrationadvocates.org/for-immigrants/find-a-legal-aid-provider/)
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National Immigration Law Center: [www.nilc.org](http://www.nilc.org)
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