Business Immigration Insights

Foreign nationals are experiencing delays of more than a month in receiving approved work permits and green cards that are normally issued and mailed within days of approval.  Applicants are also experiencing extended delays in the time it takes USCIS to adjudicate these applications.  These delays have a major impact on foreign nationals and their US employers.

On January 13, 2020, the Trump administration filed an emergency appeal with the Supreme Court to lift a nationwide temporary injunction on the DHS “public charge” rule that was upheld by the Court of Appeals (2^nd Circuit) last week.  The public charge rule, published in August 2019, expands the grounds on which the government can deny immigration benefits to various applicants seeking permanent residence (green card) status or work authorization to include those who have received certain public benefits, such as Medicaid, CHIP, and SNAP (see article, “DHS Reinterprets Public Charge”).  The rule gives the government broad discretion to deny an applicant if “at any time”, the applicant would “likely” become a public charge.  A medical condition alone could be enough for an immigration officer to exercise discretion to deny the application.

On September 19, 2019, Congress tried and failed to eliminate the per-country limit for employment-based green cards. This latest effort, a bill known as the Fairness for High-Skilled Immigrants Act of 2019 (HR 1044) easily passed in the House 365-65, but stalled in the Senate where it has been blocked by Senator David Perdue (R-GA) who has placed a hold on the bill preventing a vote.

While there is consensus that the current per-country limit for the issuance of employment-based green cards is flawed, unfair and in need of an overhaul, how to achieve that is at the center of the ...

While employment-based green card applicants are seeing unprecedented backlogs in their priority dates, notably in the EB-1 category reserved for “priority workers”, family-sponsored green card applicants are seeing their priority dates advance at a pace not seen in the last few years.

This development is happening almost unnoticed in the shadow of the media’s focus on the southern border and other aspects of preference-based immigration such as the administration’s proposal for a point-based system and a proposal in Congress to eliminate per-country limitations ...