Dear Clients and Colleagues,

We hope this newsletter finds you well. In this edition, we bring you important updates on various immigration matters. Please take a moment to review the following key highlights:

DHS Proposes Expansion of 9-11 Response Fee

The Department of Homeland Security (DHS) has introduced a proposed rule to expand the $4,000 or $4,500 9-11 Response fee. This fee, currently applied only to initial and change of employer petitions for H-1B and L-1 visas, will also include H-1B and L-1 extension petitions filed by employers subject to the law.

Key points of the proposal

• The 9-11 Response fee will now apply to extension petitions in addition to initial and change of employer petitions.
• The fee targets employers with 50 or more employees in the U.S., where over 50% are on H-1B or L-1 visas.
• The proposed rule will be published in the Federal Register on June 6, 2024, and CBP will accept public comments for 30 days thereafter.

The expansion of the 9-11 Response fee aims to increase funding for CBP's 9-11 Response and Biometric Entry-Exit programs. Employers impacted by this change are encouraged to review the proposal and submit comments during the 30-day public comment period.

Stuck Between Congressional Inaction and Border Realities, President Biden Issues Presidential Proclamation which Limits Southern Border Entries without Documentation

Washington, DC – On June 4, 2024, President Biden announced a new proclamation leveraging presidential authority under sections 212(f) and 215(a) of immigration law to prevent migrants who enter the United States between ports of entry from accessing asylum. This proclamation, effective June 5, 2024, temporarily limits the entry of foreign nationals across the southern border without valid documentation.

Key Details of the Proclamation

• Prohibition of Undocumented Entries: The Biden Administration is prohibiting the entry into the U.S. of any noncitizens attempting to cross any portion of the southern border without going through a designated port of entry.
• Effective Date: The proclamation became effective on June 5, 2024.
• Resource Constraints: President Biden explained that the federal government lacks sufficient resources from Congress to manage the flow of people into the country across the southern border.

Background on the Issuance of the Proclamation

In May 2023, the U.S. Department of Homeland Security (DHS) issued the “circumvention of lawful pathways” final rule. This rule states that if a foreign national fails to use an existing lawful pathway to enter the United States, even if they wish to claim asylum, they are presumed to be ineligible. Despite this rule, the number of encounters with undocumented immigrants at the southern U.S. border continues to far exceed the capacity of CBP officers to process them in a timely manner.

President Biden attributed this executive action to Congress's failure to pass legislation that would have provided additional resources to secure the border.

Exemptions to the Proclamation

• U.S. Citizens and Lawful Permanent Residents: U.S. citizens and green card holders are not subject to this proclamation.
• Foreign Nationals with Valid Entry Documents: Foreign nationals with a valid entry document, such as a visa stamp, an advance parole document, or ESTA authorization under the visa waiver program, can request admission as usual.
• DHS and CBP Discretion: The DHS and CBP are authorized to use their discretion to permit entry to foreign nationals who might otherwise be excluded by this proclamation.

Duration and Legal Challenges

The proclamation will remain in effect until 14 calendar days after the DHS determines that there has been a seven-consecutive-calendar-day average of fewer than 1,500 attempts to enter the U.S. without valid documentation through a designated port of entry. However, multiple lawsuits are expected to be filed against the administration in response to the proclamation, which may lead to a federal court halting its enforcement. The ultimate fate of this proclamation is likely to be decided by the U.S. Supreme Court.

USCIS Issues Guidance on Special Immigrant Juvenile Classification and Limited In-Person Filing

USCIS has issued guidance to clarify how certain petitioners for Special Immigrant Juvenile (SIJ) classification (or their representatives) may file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, in person at a USCIS field office. This policy, which began on March 30, 2023, aims to streamline the process for SIJ petitioners, ensuring they receive the necessary support and resources during the filing process.

The updated guidance highlights:

• Criteria and procedures for in-person filing at USCIS field offices.
• Steps to ensure proper documentation and representation during the filing process.
• Resources available to petitioners and their representatives for successful application submissions.

We hope you find this information valuable. If you have any questions or require legal assistance related to any of these updates, please don't hesitate to contact us. We are here to help.

Sincerely,

Keshab Raj Seadie, Esq.
Law Offices of Keshab Raj Seadie, P.C.

Disclaimer: This newsletter is intended for informational purposes only and does not constitute legal advice. Always consult an attorney for personalized advice.