Immigration Update

Apr 26, 2021 | Immigration Updates

Please see below for updates and changes from SSA, DHS, ICE and CBP!

SSA Ends “No-Match” Letters

Good news!  The Social Security Administration (SSA) has ended the practice of sending employers “no-match” letters, called Employer Correction Request Notices. SSA said it will instead work to make it better, easier and more convenient for employers to report and correct wages electronically. The letters, which inform employers when W-2 information doesn’t match SSA’s records, were discontinued in 2012 but resurrected in March 2019. Advocates had asked the agency to eliminate the letters, which they said caused problems such as workers losing their jobs due to mistakes in the database.

DHS to Make Additional 22,000 Temporary Non-Agricultural Worker Visas Available

In light of increased labor demands, the Department of Homeland Security (DHS) announced a supplemental increase of 22,000 visas this fiscal year for the H-2B Temporary Non-Agricultural Worker program. DHS said the additional visas will be made available in the “coming months” via a temporary final rule. Six thousand of these visas will be reserved for nationals of the Northern Triangle countries of Honduras, El Salvador, and Guatemala, DHS said. The additional visas will only be made available to employers that attest that, if they do not receive workers under the cap increase, they are likely to suffer irreparable harm, DHS. Additionally, the temporary final rule will allow employers to immediately hire H-2B workers who are already present in the United States without waiting for approval of a new petition. The supplemental increase does not affect the H-2B program in future fiscal years.

President Biden Orders CBP, ICE to Change Terminology

Will the agencies become more friendly?  Under orders of the Biden administration, U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement issued memoranda to their employees to stop using certain terms and replace them with others.

Examples include:

  • “alien”—use “noncitizen” or “migrant”
  • “alienage—use “noncitizenship”
  • “illegal alien”—use “undocumented noncitizen,” “undocumented individual,” or “migrant”
  • “unaccompanied alien children”—use “noncitizen unaccompanied children”
  • “assimilation”— use “integration” or “civic integration”
  • “immigrant assimilation”— use “immigrant integration”

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DHS Provides Relief for Venezuelan and Syrian F-1 Students

Venezuelan and Syrian students will find some relief soon. The Department of Homeland Security (DHS) has suspended certain regulatory requirements for F-1 nonimmigrant students whose country of citizenship is Venezuela or Syria. DHS said it took this action for Venezuelan students who are experiencing severe economic hardship as a direct result of the current humanitarian crisis in Venezuela, and for Syrian students who are experiencing severe economic hardship as a direct result of the civil unrest in Syria since March 2011. DHS said that affected Venezuelan and Syrian lawful F-1 nonimmigrant students may request employment authorization, work an increased number of hours while school is in session, and reduce their course loads while continuing to maintain F-1 status.  These provisions will remain effective for Venezuelan students until September 9, 2022, and for Syrian students until September 30, 2022.

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Related Posts:

WR Immigration News Digest

President Trump Announces “Gold Card” Residency Program for Wealthy Foreign Investors President Donald Trump announced a new “Gold Card” residency program, allowing wealthy foreign nationals to obtain U.S. permanent residency and a pathway to citizenship in exchange for a $5 million investment. The program, which Trump said will launch in two weeks, aims to attract high-net-worth individuals by offering green card privileges and expedited citizenship eligibility. Commerce Secretary Howard Lutnick confirmed that the Gold Card will replace the EB-5 immigrant investor visa program, which currently grants green cards to foreign investors who create U.S. jobs with a minimum investment of $1.05 million (or $800,000 in targeted employment areas). The EB-5 program has faced bipartisan criticism for fraud concerns and lack of oversight, leading to multiple reform efforts in recent years. This shift could significantly impact investment-based immigration, eliminating the EB-5 program and introducing a higher financial threshold for residency sponsorship. Impact: Global mobility teams should monitor implementation details and assess how this change may affect foreign investors and corporate immigration strategies. U.S. Implements New Alien Registration Requirement On January 20, 2025, President Trump issued the Protecting the American People Against Invasion executive order directing U.S. Department of Homeland Security (DHS) […]

Client Alert: USCIS Final Rule for FY 2025 H-1B Cap Registration

By Nathan Grow On February 2, the U.S. Citizenship and Immigration Services (USCIS) published a final rule titled Improving the H-1B Registration Selection Process and Program Integrity. The final rule, which will become effective March 4, 2024 focuses on enhancing integrity, reducing fraud, and ensuring fairness in beneficiary selection in this year’s H-1B lottery registration process. Beneficiary-Centric Selection Process: USCIS is introducing a beneficiary-centric selection process for H-1B registrations. Instead of selecting from all registrations, USCIS will select registrations by unique beneficiary. This ensures that each beneficiary has an equal chance of being selected, regardless of the number of registrations submitted on their behalf. Flexibility in Start Dates: Previously, USCIS mandated that the start date for H-1B petitions for selected individuals must be October 1. Under the final rule, the start date can now be after October 1. Integrity Measures: The final rule calls for additional measures to reinforce the overall registration system, emphasizing fairness for both petitioners and beneficiaries. USCIS will have the authority to deny or revoke H-1B petitions if the underlying registration contains false attestations or is otherwise invalid. Registration Fee: A separate final rule published on January 31, 2024 calls for an increase in the registration […]