U.S. Citizenship and Immigration Services (USCIS) on Tuesday announced three new measures aimed at reducing a massive 9.5 million case backlog that has choked the agency’s ability to process them.

In a statement, the agency said it is putting in motion a “trio of efforts to increase efficiency and reduce burdens to the overall legal immigration system.”

The backlog, which has been exacerbated by the coronavirus pandemic, has left millions of would-be immigrants waiting months and even years for their immigration applications to be approved. According to the Migration Policy Institute, at the end of FY 2013, USCIS had 3 million pending applications; the number increased to 5.7 million by the end of FY 2019, 6.1 million in September 2020, 8 million in September 2021, and about 9.5 million as of February 2022.

“USCIS remains committed to delivering timely and fair decisions to all we serve,” said USCIS Director Ur M. Jaddou. “Every application we adjudicate represents the hopes and dreams of immigrants and their families, as well as their critical immediate needs such as financial stability and humanitarian protection.”

What are the new measures?

Staff hires

USCIS said on Tuesday it will hire more staff and modernize its processes using technology. Congress recently gave the agency $400 million to address the backlog and on Monday President Biden requested Congress for an additional $765 million in fiscal 2023 to address the same issue.

The agency said it expects to increase capacity, improve technology, and expand staffing to achieve these new goals by the end of FY 2023. FY2023 starts on October 1, 2022 through September 30, 2023.

Premium processing expansion

Premium processing which until now has been restricted to H-1B petitions and certain employment based green cards, where applicants pay$2,500 to have the applications reviewed on an expedited basis within 45 days, will now be expanded to include all work permit petitions and temporary immigration status extension requests.

This expansion will be implemented within the next 60 days, USCIS said. However, it said it will be a phased approach during that 60-day period with work authorizations taking priority.

USCIS said in its statement that it will “also adhere to the congressional requirement that the expansion of premium processing must not cause an increase in processing times for regular immigration benefit requests.”

Increase automatic work permit extensions

The third and final measure USCIS is implementing is extending the period of automatic work permit extensions for those who apply for a renewal. Currently, work permit holders who apply for renewals are eligible for an automatic 180-day extension if their permit expires. However, because of the backlog, applicants are waiting longer than the 180-days for renewals to be approved.

USCIS said it has begun streamlining many Employment Authorization Documents (EAD) processes “including extending validity periods for certain EADs and providing expedited work authorization renewals for healthcare and childcare workers.”

“The temporary final rule aims to build on this progress, and to ensure certain individuals will not lose their work authorization status while their applications are pending,” the USCIS statement said.

WASHINGTON (AP) — People in the U.S. from Sudan and South Sudan can stay with temporary legal status to escape the conflict and natural disasters in their homelands, the Department of Homeland Security announced Wednesday. It faces pressure to grant the same to Ukrainians.

DHS Secretary Alejandro Mayorkas cited political instability, unrest, and armed conflict as he approved a new designation of Sudan for what’s known as temporary protected status and extended an existing one for neighboring South Sudan.

There are 12 countries whose nationals receive temporary protected status, a program that former President Donald Trump sought to curtail amid criticism of frequent extensions that have enabled people to live in the U.S. for years in a kind of legal limbo.

Members of Congress have recently called on the Biden administration to grant the status to people from Ukraine following Russia’s invasion of their country.

South Sudan has been designated for TPS since 2011, and it has been extended in 18-month increments ever since. Sudan has been designated since 1997 and was re-designated to account for the recent military takeover of the government.

They were one country until 2011, when the south seceded following decades of civil war.

DHS noted that South Sudan faces increased violence from government security forces and armed groups and three years of widespread unprecedented flooding that has put millions at risk of famine in adding the country to the list of countries whose people have temporary protected status in the U.S.

“After careful consideration, I have decided to offer temporary protection to Sudanese and South Sudanese nationals in the United States until conditions in each country improve and individuals can safely return,” Mayorkas said in a statement.

The announcement affects a relatively small number of people. DHS said there are about 97 beneficiaries under the TPS designation for South Sudan and the extension will enable about 235 more to obtain the status.

U.S. Citizenship and Immigration Services says there are about 700 people from Sudan with TPS and 2,390 who are newly eligible under the new designation.

Anyone from either country who arrived in the U.S. after Tuesday would not be eligible for the temporary status, which requires a background security check and does not make anyone automatically in line to receive permanent legal status.

With just five months to go for Liberians living in the US who qualify for permanent residency to apply for a green card under the Liberian Refugee Immigration Fairness program or LRIF, the U.S. Citizenship and Immigration Services is hosting a webinar to engage Liberians on the LRIF.

The one-hour webinar is on July 21 at 12: 00 P.M. CST and will feature Andrew Parker, whom the agency gave his title as Branch Chief of Residence and Nationalization Division.

The RSVP link is at the bottom of this story.

The LRIF was attached to the 2019 defense spending bill which former President Donald Trump signed into law. The original deadline for Liberians to apply for green cards was December 2020 but was pushed to December 2021 due to the pandemic.

However, there have been reports of few taking advantage of the opportunity due to onerous paperwork and also backlogs at USCIS that the latter blamed on the pandemic.

LRIF National Stakeholder Webinar

U.S. Citizenship and Immigration Services national engagement on Liberian Refugee Immigration Fairness (LRIF).

Date: July 21, 12 p.m. CST

Location: Virtual

Participants:

• Andrew Parker, Branch Chief of Residence and Nationalization Division, OP&S
• Rachel Riti, Policy Analyst, Residence and Nationalization Division, OP&S
• Peter Rosenstock, Branch Chief, FOD
• Lauren Wise, Management and Program Analyst, OIDP

RSVP: Registration.

The US Department of State last week blamed visa backlogs abroad on “limitations in staffing and other COVID-related operational constraints preventing us from processing the same volume of applicants as pre-pandemic.”

In a wide ranging frequently asked questions (FAQ) it posted on its website on the immigrant visa backlog and other consular processing matters, the department blamed the previous Trump administration without naming it by saying that previous presidential proclamations “restricted visa processing for many immigrants for nearly a year.”

THE FAQ said that it is “prioritizing certain visas, creating efficiencies in the visa process, and utilizing all available resources until our task is accomplished.”

The FAQ went on to say that virtual interviews for those abroad are not available because current regulations “require all immigrant visa applicants to appear in person before a consular officer.”

Here is the list of FAQs that the State Department posted:

Why are there still immigrant visa interview backlogs?

Our number one priority is the safety of our applicants and our staff. The IV interview backlog has developed because of limitations in staffing and other COVID-related operational constraints preventing us from processing the same volume of applicants as pre-pandemic. In addition, Presidential Proclamation 10014 and geographic COVID proclamations restricted visa processing for many immigrants for nearly a year; it will take time to process the cases that were impacted by these travel restrictions.

What are you doing to decrease the backlog?

We are committed to decreasing this backlog by prioritizing certain visas, creating efficiencies in the visa process, and utilizing all available resources until our task is accomplished. Applicants should check the website of their nearest U.S. embassy or consulate for updates on what visa services are currently available.

Are virtual/Zoom interviews available for Immigrant Visa applicants?

No. Current regulations require all immigrant visa applicants to appear in person before a consular officer.

I live near a U.S. Consulate, but they do not process Immigrant Visas at that particular location and therefore I am forced to travel a long distance to appear for my interview. Why don’t you process IV interviews at every U.S. Embassy/Consulate?

As the best use of limited U.S. government resources, immigrant visa processing is consolidated in certain embassies and consulates. The Department of State continuously reviews the services we provide to best balance our service standards with efficient use of resources.

What are regional COVID-19 restrictions?

The geographic COVID-19-related Presidential Proclamations 9984, 9992, and 10143, which suspend entry into the US of foreign nationals who have been physically present in China, Iran, Schengen Area, UK, Ireland, Brazil, and South Africa in the 14 day period before seeking en-try into the US, remain in effect.

As of April 8, 2021, all IV applicants and K fiancé nonimmigrant visa applicants are excepted from the geographic COVID-19 PPs and may be processed.

Family-Based Categories

I have been waiting for an immigrant visa appointment. What should I do?

Immigrant visa applicants who are eligible for interview will be scheduled for appointments according to our existing phased resumption of visa services guidance: https://travel.state.gov/…/visa-services-operating…

How are immigrant visa applications being prioritized?

Posts that process immigrant visa applications are prioritizing visa categories in accordance with our phased resumption of visa services guidance. For more information, please see: https://travel.state.gov/…/visa-services-operating…

I believe I qualify for an immigrant visa, but I would be traveling from a country subject to a regional COVID visa restriction. What should I do?

As of April 8, 2021, all immigrant visa applicants are excepted from the geographic related COVID-19 Presidential Proclamations.

I was refused an IV due to Proclamation 9645 or 9983. Can I re-apply for my visa?

On January 20, the President ended the travel restrictions under PPs 9645 and 9983 that suspended entry into the US of certain nationals from Burma, Eritrea, Iran, Kyrgyzstan, Libya, Nigeria, North Korea, Somalia, Sudan, Syria, Tanzania, Venezuela, and Yemen. IV applicants who were refused under PP 9645 or 9983 and were determined not to qualify for a waiver before January 20, 2020, may reapply for a visa by submitting a new visa application (DS-260) and paying a new visa application processing fee. IV applicants who were refused due to either P.P. 9645 or 9983 and whose eligibility for a waiver was still being evaluated as of January 20, 2021, will continue to have their applications processed without needing to submit a new application/fee.

K Visas

When can I schedule my K fiancé visa interview appointment?

K visa applicants will continue to have their applications prioritized in accordance with the prioritization guidance found here: https://travel.state.gov/…/visa-services-operating…. Please check the website of the Embassy or Consulate to see whether routine visa services are being provided. If you have already submitted all of the required documents, monitor your email for an appointment and further instructions.

I am a plaintiff in Milligan v. Pompeo – can I schedule my K visa interview?

K1 applicants who are named plaintiffs in Milligan v. Pompeo should contact the nearest Embassy or Consulate for guidance on scheduling a visa interview. The court order does not require that plaintiffs be given special priority ahead of other K1 applicants.

Diversity Visas

I was issued a Diversity Visa in FY 2020, but my visa expired and I was not able to travel to the US. What can I do?

Individuals whose DV2020 visas have expired may not be issued re-placement visas. However, by virtue of the court’s orders in Gomez v. Trump, individuals who received DVs in FY 2020 as a result of the orders in that case may travel to the US on that expired diversity immigrant visa. However, these visa holders are encouraged to travel on these expired visas as soon as possible.

I was selected for DV2020, but was unable to schedule my interview. Can I schedule an interview?

Unfortunately, no. DV2020 selectees who were not issued visas before the end of FY2020 cannot be interviewed, scheduled, or reconsidered for visas now, as, by law, those selectees were only eligible for issuance of a visa through the end of the 2020 fiscal year, which ended on September 30, 2020. You may enter to be selected for a future DV program.

I was refused a DV because of PP10014. Can I re-apply for a visa under the DV2020 program?

Unfortunately, no. DV2020 selectees who were not issued visas before the end of FY2020 cannot be interviewed, scheduled, or reconsidered for visas now, as by law those selectees were only eligible for issuance of a visa through the end of the 2020 fiscal year, which ended on September 30, 2020. You may enter to be selected for a future DV program.

I was selected for DV2021. Can I schedule my interview?

DV applicants for the 2021 fiscal year will be scheduled for an inter-view based on a post’s capacity and available resources. Applicants should wait for a notification of interview appointment, as embassies and consulates are able to accommodate such scheduling according to our existing phased resumption of visa services.

Will DV2021 selectees be scheduled for an interview prior to the end of the 2021 fiscal year? Will they be prioritized as the deadline draws nearer?

DV2021 selectees may only be interviewed in the 2021 fiscal year. Applicants should wait for a notification of interview appointment. U.S. Embassies and consulates will schedule appointments as resources and local conditions allow according to the resumption of visa services framework.

Employment Based

When can I schedule my Employment Based Immigrant Visa interview? Is my application being prioritized?

While posts that process immigrant visa applications will prioritize Immediate Relative family members of U.S. citizens including intercountry adoptions, fiance(e)s of U.S. citizens, and certain Special Immigrant Visa applications, we recognize the importance of employment based immigrants. All immigrant visa applicants who have not yet been interviewed or scheduled for an interview will have their applications processed according to our existing phased resumption of visa services framework.

A few hours after being sworn-in as president, Joe Biden made good on his campaign promise to immediately start reversing Trump’s anti-immigrant policies. In total, Biden signed 17 executive orders on his first day with six of them dealing with immigration.

For Liberians, Biden extended the Deferred Enforced Departure (DED) through June 30, 2022. This will provide Liberians temporary protection from deportation and give them work authorization until that date. In a memorandum issued after the signing of the various executive orders, Biden said “there are compelling foreign policy reasons to reinstate DED for an additional period for those Liberians presently residing in the United States who were under a grant of DED as of January 10, 2021.”

Biden also issued a memorandum directing officials to “preserve and fortify” the Deferred Action for Childhood Arrivals (DACA) program and urged Congress to pass permanent protections for the over 700,000 young undocumented immigrants. Biden’s immigration reform proposal which he has already sent to Congress would provide DACA recipients a three-year path to citizenship.

The US Citizenship Act of 2021 was sent to Congress yesterday.

Besides the above two actions on immigration, Biden also took action on the following:

Repealed Trump’s Muslim and African Travel Ban

Biden issued an executive order repealing Trump’s ban of travel from African and Muslim-majority countries. In his executive order, Biden instructed the state department to begin visa processing for the affected countries.

The order however does allow for increased screening and vetting of travelers through information sharing with other governments.

The affected countries under Trump’s ban were Libya, Iran, Somalia, Yemen, Syria, Sudan, Nigeria, Tanzania, Myanmar, Eritrea, Kyrgyzstan, North Korea, and Venezuela.

Paused construction of Trump’s border wall

President Biden issued a proclamation pausing the construction of the Trump border wall with Mexico. This is a temporary pause while his administration determines the way forward and how to best direct the resources elsewhere.

Stopped Trump exclusion of immigrants from 2020 Census

Former president Trump in a controversial move directed the Census Bureau to exclude undocumented immigrants from the just concluded census. Biden issued an executive order stopping that move. The Census Bureau will now include all persons c9unted last year as required by law.

Biden stops Trumps’ “harsh and extreme immigration enforcement”

One of the executive orders Biden signed marks a return to Obama-era prioritization of immigration action against those who pose a threat to national security and those convicted of serious crimes and away from those that pose no danger to the United States such as families and the undocumented that have lived in the US for years but have committed no crime.

Americans elected Mr. Joseph Biden as the next president of the United States.  This is a remarkable feat, only the tenth time in U.S. history a sitting president has contested and failed to secure a second term. Underneath this result, however, is a disquieting epiphany: that more than 70 million Americans, for whatever reason, voted for a second installment of the Trump administration.

As an immigrant, the election results provide insight into the soul of my adopted country.  It reveals how complex the country is, and how far we are from realizing the dreams of a more perfect union and equality.  That Trump received more than 70 million votes is stunning; that the election was even close is unbelievable.

It was a surprise that Mr. Trump was elected president in 2016. It stunned most people in my familial, professional and community circles.  Politicians and pundits offered various explanations for the results.  Most of the explanations came down to a common denominator: Trump was different from other politicians.  In the immigrant communities, Trump had his supporters, some because of promises of fiscal discipline; but a huge number voted for him because they believed he was a Christian and that his faith would guide his administration.  But not even these voters expected the wrecking ball he took to immigration.

As an African American, immigrant and immigration attorney, the result of the 2020 elections left me wondering if Trump voters live in the same America that I live in.  Having lived through the traumatic events of 2020, I thought there was no way Mr. Trump stood a chance of winning.  We witnessed a country throw aside its immigration ideals; we watched a president promote racism and stoke the embers of hatred for four years; we watched an administration (supported by white evangelical Christians) cast away biblical injunctions of Exodus 22: 21 about how to treat foreigners-not to wrong, mistreat or oppress them,- and replace it with draconian measures, including official policies of separating children from their parents; we watched our government ban people from entering the United States solely because of their faith; we watched our government refuse to welcome the “huddled masses yearning to breathe free”; we watched our government repeatedly attack legal immigration.  The list goes on and on.  Consistent with its professed collective ideals, I expected this country to resoundingly repudiate Trump and his enablers.  Though he lost, the margin wasn’t what I thought it would be.  Many of his enablers in government won and continue to stay in power.  This was no repudiation; it feels like far too weak a protestation in the face of utter depravity.

All the pro-immigration forces have a lot of work ahead.  We have to reach out to our fellow Americans, especially those outside our pro-immigrant circles, to educate them on the value of immigration.  According to an August 2020 Report by Pew Research Center, “a majority of Americans have positive views about immigrants.  About two-thirds of Americans (66%) say “immigrants strengthen the country because of their ‘hard work and talents,’ while about a quarter (24%) say immigrants burden the country by taking jobs, housing and health care.”  Broken down by party affiliation, for Democrats and Democratic-leaning independents, 88% think immigrants strengthen the country with their hard work and talents, and just 8% say they are a burden.  Among Republicans and Republican-leaning independents, 41% say immigrants strengthen the country, while 44% say they burden it.  Clearly there is a large portion open to persuasion.

We have to create avenues where the immigration-hostile American has the opportunity to meet immigrants.  A 2019 American Immigration Council Report found that native-born Americans hold more positive views about unauthorized immigrants or “pro-immigrant sentiments” if they have friendly interactions with immigrants.  Those of us who still believe in the immigration ideals of this country should use every opportunity to increase these contacts, and also to promote positive experiences.  Our task is to break down the barriers.

This will require the conscientious efforts of everyone.  We all must accept our common humanity; this is a non-negotiable factor that must prevail in any discussion of “how we got here.”  People of faith have an opportunity to lead in this endeavor.

The task for the incoming administration is daunting.  Having seen the type of damage the Trump presidency inflicted on immigrant communities; the Biden-Harris administration must act with all deliberate speed.  The life and future of immigrants depend on it.  Trump demonstrated that the presidency could do a lot of damage through its executive power.  Thankfully, some of this harm can be immediately addressed by the new administration.  Biden-Harris must use executive power for good.  Ideally, the president-elect would work with Congress to pass comprehensive immigration reform.  However, based on experience, and the projected partisan divide in Congress, the incoming administration must be realistic in its expectations and act accordingly.   For instance, the Biden-Harris administration should consider the set of proposals from AILA that seek not only to ameliorate the damage done by the Trump administration, but to improve our immigration system generally.  All regressive executive actions must be rescinded, and the welcoming lamp of America must be re-lit.

The message must be clear: America is once more open to the world, and it will return to being the beacon of hope and example to the rest of the world.  No more will our nation vilify immigrants.

Individuals who apply for naturalization on or after Dec. 1, 2020 will be taking a revised U.S. citizenship test that will require them to learn 28 more civics items and answer twice as many questions as before, the U.S. Citizenship and Immigration Services (USCIS) announced on November 13.

In a prepared statement, USCIS Deputy Director for Policy Joseph Edlow said, “Naturalization allows immigrants to become fully vested members of American society, with the same rights and responsibilities as citizens by birth, and offering a fair test, which prepares naturalization applicants for these responsibilities, is of upmost importance to our agency.”

For those 65 years old or older and have at least 20 years of lawful permanent resident status, the current guidelines will still apply. For these applicants, they will be asked 10 questions and must score six out of 10 to pass.

Those aged 50 or older and are green card holders for at least 20 years can request to have the citizenship interview conducted in their native language.

Doug Rand, a former immigration policy adviser to the Obama administration tweeted that the new test is “unnecessary, unjustified, overly complex, & shamelessly ideological.” The twitter thread went on to say, “This is an obvious attempt to throw one more obstacle in front of immigrants legally eligible for U.S. citizenship.” Rand then went on to say that, incoming President-elect Biden should reinstate the 2008 test once he takes office.

The civics test and study guide can be found at the USCIS’s Citizenship Resource Center at this link.

Immigration advocates are urging those eligible for naturalization to submit their applications before the new test takes effect on December 1, 2020.

The Minnesota Department of Employment and Economic Development (DEED) has named Anisa Hajimumin as Assistant Commissioner of Immigrant and Refugee Affairs. Hajimumin will serve as the State’s primary specialist on immigrant and refugee affairs and will focus on assisting immigrants and refugee business owners and workers connect with resources while also analyzing their impact on the state’s economy.

“Now more than ever, we need to focus on eliminating economic disparities and historic injustices for people of color,” said Governor Tim Walz in a press release following announcement of the new office. Minnesota has one of the highest racial economic equality gaps in the nation with families of color having a disproportionate amount of wealth compared to their white counterparts.

Governor Waltz and Lieutenant Governor Peggy Flanagan have the initiative of addressing these disparities under the theme One Minnesota. “One of the things that is a pillar for the theme One Minnesota is removing barriers for communities that have [been] left on the margins of our economy who have experienced significant barriers,” said Hamse Warfa.

Warfa is the Deputy Commissioner for Workforce Development for DEED making him the highest ranking African Immigrant in the State. Warfa, who has a background in consulting, non-profit organization and entrepreneurship, was appointed first as an assistant commissioner to help address disparities between whites and communities of color. A month into his position, he was promoted to the role of Deputy Commissioner in April of last year.

His first initiative was to provide immigrants an opportunity to express the obstacles they personally face when interacting with state agencies. Warfa was part of a listening tour with Governor Tim Walz that took place across the entire state of Minnesota.

The creation of the new leadership position was announced in February of this year. The position attracted nearly fifty applicants and ultimately, Anisa Hajimumin was selected and her position was announced on June 15.

“[Hajimumin] was selected based on her strong immigrant advocacy background her executive leadership experience coordinating between multilateral agencies such as the U.N., the World Bank, and as a Minister of Women Children and Family Affairs in Somalia where she was appointed as a minister from the diaspora,” Warfa said.

Hajimumin immigrated to Minnesota in 1996 and holds a Master of Public Administration from Hamline University in St. Paul and a Bachelor of Arts in Gender Studies with a minor in creative writing from Metropolitan State University in St. Paul.

After founding and leading two businesses focused on providing technical and strategic support to entrepreneurs from communities of color and immigrants and refugees, she returned to Somalia for the first time in 2014 where she served as the Minister of Women, Development and Family Affairs in the Puntland region until 2017.

During her ministerial service, she established a social protection framework for women and children, directed a program to prevent human trafficking, raised and distributed funds for displaced families, increased women’s political participation, oversaw the building of a center to serve people with disabilities, and drafted and facilitated passage of a bill (the first ever in Somalia) to prosecute sexual offenders.

“All that [experience] brought me to be more aware of what is happening here locally,” Hajimumin said as she discussed her new role with Mshale. Her ministerial position helped her to realize the importance of establishing closer relationships between local and state agencies to best serve individuals of immigrant and refugee backgrounds in the State.

Minnesota is home to nearly half a million immigrants and refugees that accounted for nearly 60% of the States labor force growth between the years of 2010 and 2018.

“I will be engaging with employers, educational institutions… connecting immigrants and refugees with the stakeholders, state agencies, [and] services being offered by other nonprofits and education service institutes,” Hajimumin said.

“The work that awaits me is challenging but it’s also a turnabout,” she said.

“I am just happy and feel blessed that I have a great team and supportive system that will enable me to engage with people and get things done.”

Last month,  district courts blocked the Trump administration’s rule that attempted to deny green cards to immigrants who fail to meet tough income tests or use public programs.  This victory for immigrants means that the rule that was supposed to take effect on October 15 will be stopped while the court battles proceed.

It’s still important to understand how the rule might have affected those applying for green cards.  While the policy change expands the public programs the government considers in deciding some immigrant applications, it won’t affect many immigrants living here. The public programs are limited to Medicaid, nutrition assistance (SNAP), and public housing (Section 8).

Here are three steps to take to see how this policy change might affect you and your family if the courts eventually allow it to be implemented.

1 – Find out if you or your family members would be affected by the rule change.  It doesn’t apply to those applying for citizenship, humanitarian migrants such as refugees and asylees, and those applying to renew their DACA.

2 – If your family is affected by the new rule, learn more about how participation in public programs might affect you before disenrolling. Using public benefits will not automatically make you a public charge – immigration officials must look at your overall circumstances to decide whether you pass the test.  They weigh positive factors, like having a job or health insurance, against negative factors, like using certain programs, English proficiency, or having a health condition.  Remember that we all have a right to use certain programs, and they exist to make us healthier and our communities stronger.

3 – Speak out against these changes and advocate for inclusive policies in your community. Visit www.protectingimmigrantfamilies.org to learn more about how to fight back against this rule change, and find out whether your state or community is working on immigrant-inclusive policies. There is power in using your voice to make sure all our communities are healthy and thriving.

Questions about your immigration status or use of public benefits?  Consult a pro bono immigration attorney near you:  www.immigrationadvocates.org/nonprofit/legaldirectory.

This advisory was sponsored by Protecting Immigrant Families, a national campaign to combat the Trump administration’s public charge rule.  For more information: www.protectingimmigrantfamilies.org

The Trump administration is moving ahead with a move to eliminate work authorization for those on H-4 visas. The H-4 visa is for spouses with a H-1B visa holders. H-1B visa holders are usually highly skilled professionals in technology. The right for those under H-4 visas to work was first granted by former president Barack Obama in 2015 and it has been targeted by president Trump for elimination since coming to office. Homeland Security first proposed the rule change in late 2017.

The H-4 work authorization ban will affect an estimated 100,000 spouses of H-1B according to U.S. Department of Homeland Security statistics that Mshale has seen. DHS moved ahead this week and sent the proposed new rule to the Office of Management and Budget. A majority of the 100,000 are from India.

Office of Management and Budget which received the proposed rule change from DHS on Wednesday will review it and return it to DHS with or without recommended changes. That period could take weeks. DHS will then publish a draft rule in the federal register which will prompt a comment period from the public, a comment period that can take up to 180 days. Citizenship and Immigration director L. Francis Cissna said in a Sept. 6 letter to the Internet Association that “the public will be given an opportunity to provide feedback during a notice and comment period on any revisions to regulations that DHS determines are appropriate, including revisions relating to the H-4 Rule.”

Before Obama’s authorization for H-4 holders to work took effect, a group calling itself Save Jobs USA filed suit on April 2015 in federal court to stop it from taking effect. The group lost the lawsuit in September 2016 and appealed to the United States Court of Appeal for the DC Circuit. The Trump administration after taking office signaled, they are in support of lawsuit but needed time to rescind the work authorization resulting in the 2017 proposed rule change.