Immigration Update

Feb 21, 2023 | Immigration Updates

In this edition, find the latest news on the Biden administration’s expectation for Title 42 to end in May, the redesign on green cards and employment authorization documents, and the extension of green card validity for conditional permanent residents with a pending I-751 or I-829.

Biden Administration Expects Title 42 Will End in May

In a recent filing with the Supreme Court in Arizona v. Mayorkas, the Biden administration told the Court that “[a]bsent other relevant developments, the end of the public health emergency [PHE] will (among other consequences) terminate the Title 42 orders and moot this case.” The Department of Health and Human Services (HHS) is planning for the expiration of the PHE for COVID-19 “at the end of the day on May 11, 2023.”

A “Statement of Administration Policy” from the Executive Office of the President said that “the end of the public health emergency will end the Title 42 policy at the border. While the Administration has attempted to terminate the Title 42 policy and continues to support an orderly lifting of those restrictions, Title 42 remains in place because of orders issued by the Supreme Court and a district court in Louisiana.” The statement argued against ending the PHE earlier and against proposed legislation, such as H.R. 382, aimed at lifting Title 42 immediately. “The number of migrants crossing the border has been cut in half, approximately, since the Administration put in place a plan in early January to deter irregular migration from Venezuela, Cuba, Nicaragua, and Haiti. The Administration supports an orderly, predictable wind-down of Title 42, with sufficient time to put alternative policies in place. But if H.R. 382 becomes law and the Title 42 restrictions end precipitously, Congress will effectively be requiring the Administration to allow thousands of migrants per day into the country immediately without the necessary policies in place,” the statement noted.

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Green Cards and Employment Authorization Documents Redesigned

U.S. Citizenship and Immigration Services (USCIS) announced on January 30, 2023, that it has begun issuing newly designed permanent resident cards (green cards) and employment authorization documents (EADs). Current cards remain valid until their expiration dates (unless otherwise noted, such as through an automatic extension of a green card or EAD as indicated on a Form I-797, Notice of Action, or in a Federal Register notice).

Security-related changes include “improved detailed artwork; tactile printing that is better integrated with the artwork; enhanced optically variable ink; highly secure holographic images on the front and back of the cards; a layer-reveal feature with a partial window on the back photo box; and data fields displayed in different places than on previous versions,” USCIS said.

USCIS noted that some green cards and EADs issued after January 30, 2023, may still display the existing design format because USCIS will continue using existing cardstock until current supplies are depleted. Both versions of the cards are acceptable for Form I-9, Employment Eligibility Verification; E-Verify; and Systematic Alien Verification for Entitlements (SAVE), USCIS said. Some older green cards do not have an expiration date. “These older Green Cards without an expiration date generally remain valid; however, USCIS encourages applicants with these older cards to consider applying for a replacement card to prevent fraud or tampering should the card ever get lost or stolen,” the agency said.

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Green Card Validity Extended for Conditional Permanent Residents With a Pending I-751 or I-829

U.S. Citizenship and Immigration Services (USCIS) is extending the validity of Permanent Resident Cards (green cards) for petitioners who properly file Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, for four years beyond the card’s expiration date. This change started on January 11, 2023, for Form I-829 and on January 25, 2023, for Form I-751. Previously, these forms were valid for two years.

USCIS said it is making this change “to accommodate current processing times for Form I-751 and Form I-829, which have increased over the past year.” USCIS has updated the language on Form I-751 and Form I-829 receipt notices to extend the validity of a green card for 48 months for individuals with a newly filed Form I-751 or Form I-829. The agency said it will issue new receipt notices to eligible conditional permanent residents who previously received notices with an extension shorter than 48 months and whose cases are still pending. These receipt notices can be presented with an expired green card as evidence of continued status while the case remains pending with USCIS, the agency said: “By presenting your updated receipt notice with your expired Green Card, you remain authorized to work and travel for 48 months from the expiration date on the front of your expired Green Card.”

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DOL announces new rule that will raise prevailing wage levels in July

Briefing: The U.S. Department of Labor has announced a new rule that will raise prevailing wages at all levels in a phased period beginning July 2021. The rule would take full effect for some employees a year later, and full implementation for visa holders extending their statuses to wait for an available green card would be delayed until July 2024. Impacted foreign nationals would include H-1B, H-1B1, and E-3 visa holders, as well as future beneficiaries of PERM labor certifications.  As with DOL’s prior attempt to raise prevailing wages without an opportunity for notice and comment, we expect there will be litigation seeking to enjoin this rule’s implementation. Source: Department of Labor, January 12 News Release, https://www.dol.gov/newsroom/releases/eta/eta20210112

Immigration Update

In this edition, read about the limits on visa services for India, NIE expansion, USCIS deference, and more! President Biden Suspends Entry of Noncitizens/Non-LPRs Traveling From India; U.S. Mission in India Announces Limits on Visa Services President Biden has issued a proclamation suspending the entry of non-U.S. citizens who were physically present within India during the 14-day period preceding their entry or attempted entry into the United States, with some exceptions. The proclamation takes effect tomorrow May 4, 2021, and will remain in effect until terminated by the President. The proclamation states that India “is experiencing widespread, ongoing person-to-person transmission of the virus” that causes COVID-19 and its variants. The proclamation cites the Centers for Disease Control and Prevention, which has concluded that proactive measures are required to protect U.S. “public health from travelers entering the United States from that jurisdiction.” The ban on entry does not apply to U.S. citizens and lawful permanent residents (LPRs), noncitizen nationals of the United States, noncitizen spouses of U.S. citizens or LPRs, noncitizen members of the U.S. armed forces, noncitizens whose entry is in the national interest; noncitizens traveling at the invitation of the U.S. government for a purpose related to containment or […]