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IMMIGRATION JANUARY 19, 2024 | The Indian Eye 40

2023 in Perspective from

The Insightful Immigration Blog

BY CYRUS D. MEHTA & in effect for a couple of weeks Bulletin not only protects chil- nounced a new program for ing interviews while in visitor
before Texas’s legal challenge, dren from aging out but can
holders of U.S. H-1B visas in visa status. Following USCIS’s
JESSICA PASZKO* but it still remains in place. be dramatically advanced to June, we considered whether September 27th announce-
In July, we considered how allow many more backlogged Canada meant H-1B visas or ment that it will increase the
Thank you for reading and sup- DHS’s family reunification immigrants to file adjustment H-1B nonimmigrant status, maximum EAD validity pe-
port ing The Insight ful Immigrat ion parole initiative can serve as a of status applications. We and later clarified that it re- riod for certain noncitizens
template for other bold execu- wrote a companion blog a few ally did mean H-1B visas, not to five years, we delved into
Blog in 2023 as we covered tive actions to reform the im- months later as a result of a H-1B status, although family the Administration’s ability
migration system without fear USCIS update to the policy members need not have any to shape immigration policy
several major themes.
of being sued by a state. guidance on the CSPA ‘sought kind of H-4. We also consid- through EADs. In October,
We have long implored to acquire’ requirement after
hough we finally USICS to use the Dates for using the filing date to protect ered the options available to we were happy to report that
workers who were subjected ICE imposed guardrails on
said goodbye to the
TCOVID-19 public health Filing chart in the Visa Bul- the age of the child. to employment termination the use of Red Notices against
immigration
in the twilight zone when the noncitizens in removal pro-
letin to protect a child’s age
Business
emergency in the spring, Title
42, which was instituted due under the Child Status Pro- lawyers were kept on their I-485 application has been ceedings and encouraged
tection Act (CSPA), and at toes throughout 2023. As
USCIS to follow suit. When
pending for less than 180
to the pandemic, still hung
around for part of the year long last, our wishes were an- more wage transparency laws days. Keeping in mind that President Biden issued an ex-
swered. On Valentine’s Day, went into effect this year, we
some unlucky ones may be ecutive order on the Safe, Se-
and effectively prevented mi-
grants from applying for asy- in lieu of chocolates and flow- covered the tension between terminated before their I-140 cure, and Trustworthy Devel-
is approved, we highlighted opment and Use of Artificial
ers, USCIS gave us the best state wage transparency laws
lum at the border. With Title
42 still in place during the first gift of all and issued updated and labor certification re- that the decision of Khedkar Intelligence (AI) in October,
guidance implementing this cruitment. The Department
we considered whether the
v. USCIS affirms that an em-
four months of the year, we
argued that President Biden’s long-awaited change. Rather of Labor also had a busy year ployee also has an interest in immigration provisions in the
an I-140 petition filed by an AI executive order will bring
than sharing in this exciting issuing section H.10-B labor
expansion of the humanitari-
an parole program at the bor- development with our own certification denials and up- employer. meaningful change or be mere
While some desperate-
window dressing. Although we
valentines, who likely wouldn’t dating its forms which had
der can serve as a template
for further relief under the fully grasp its significance any- us thinking about answering ly sought to cling onto their hope for positive changes with
H-1B status amid lay-offs, a respect to the Visa Bulletin
way, we took to the blog where tricky questions on the re-
broken immigration system.
The parole program was only we discussed how the Dates vised labor certification form record number of new at the start of each new year
H-1B hopefuls were reg-
for Filing chart in the Visa on dual representation and
and that Final Action Dates
familial relationships istered in this year’s H-1B cap will move forward, rather than
questions. When Kellogg lottery. Although USICS con- backward, each year we end up
reared its ugly head in ducted a second-round lottery being disappointed. This year
the new labor certifica- in July which provided a glim- was no different and following
tion form, we considered mer of hope to registrants who the release of the August 2023
how to deal with alter- were not selected in the first Visa Bulletin, we shared our
nate requirements and round, we shared our frustra- frustrations and proposed that
when Section H.10-B dis- tions on the H-1B lottery sys- advancing the dates for filing
appeared from the new tem in general and illustrated in the State Department Visa
ETA 9089, we considered why Congress should eliminate Bulletin will restore balance
whether its ghost would the H-1B and green card caps. and sanity to the legal immi-
continue to haunt us. As Following DHS’s announce- gration system. When the Visa
the pandemic, although ment in October that it plans Bulletin did not fare any bet-
it had receded, changed to amend the regulations gov- ter in later months, we opined
work as we know it for erning H-1B specialty occupa- in October that the Adminis-
many, we considered tion workers, we suggested that tration still has the option to
the impact of changes in while the proposed H-1B rules advance the Dates for Filing
work from home policies have many positive features, in the next Visa Bulletin.
after a labor certification they may also result in requests This year, we continued
has been filed. for evidence and denials. In to provide analyses on a num-
Given that many in- our final blog of the year, we ber of freshly adjudicated cas-
dustries were still reeling shared our comment to the es, and some from prior years.
from the disparate effects proposed H-1B rule expressing When the Second Circuit
of the pandemic on the concern over the new defini- upheld the Trump Era inter-
job market and econo- tion of specialty occupation. pretation on administrative
my, and employers were In addition to the posi- closure in Garcia v. Garland,
faced with the difficult tive policy changes mentioned even though Biden changed
m of task of laying off employ- above, we also saw USCIS it, we addressed whether this
extend premium processing leaves open the possibility that
ees in 2023, we offered
CYRUS D. MEHTA & PARTNERS PLLC pathways for terminated to National Interest Waivers the Biden Era interpretation
H-1B workers who want and we discussed how Nation- may also be upheld if future
to become entrepre- al Interest Waiver changes for administrations change it.

neurs. Another option STEM graduates and entre- In June, when the Supreme
for terminated workers preneurs along with premium Court held that states have

  became available when processing will benefit H-4 no standing to challenge fed-
   
­ USCIS broadened com- spouses seeking work autho- eral immigration enforcement
pelling circumstances rization. When USCIS made priorities in United States v.
€
‚  
parameters for skilled an interesting and confusing Texas, we considered how this
immigrants in the green post on Twitter on April 11th, ruling would bode for DACA
card backlogs so that they
and other immigration poli-
which has since been rebrand-
can continue to work in ed to X, we tried making sense cies. Following the August 1st
2 6th Floor the U.S. even after job of USCIS’s Twitter posts on indictment charging former

    loss. When Canada an- applying for jobs or attend- President Trump with conspir-
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