Week of March 1–7, 2023

The Department of Homeland Security (DHS) has announced the implementation of the EB-5 Integrity Fund, which will be used to administer the EB-5 Regional Center Program in accordance with the EB-5 Reform and Integrity Act of 2022. The DHS will collect an annual fee from designated regional centers to finance the fund, starting from March 2. The fee is $20,000 for regional centers with more than 20 investors and $10,000 for those with 20 or fewer investors. Payments for fiscal year 2023 are due by April 1, 2023, and must be made online through Pay.gov. Late fees will be imposed from October 2023 for payments made more than 30 days after the due date. Failure to pay the fee within 90 days may result in the termination of the regional center's designation. The EB-5 Regional Center Program provides visas to qualified immigrants who invest in regional centers in the United States, contributing to economic growth and job creation.

A bill introduced in the Colorado legislature, HB23-1100, aims to prohibit state and local governments from entering into agreements involving immigration detention facilities. The bill, sponsored by four Democrats, seeks to prevent local law enforcement from being obligated to perform federal immigration duties instead of focusing on local law enforcement responsibilities. The legislation was drafted in response to concerns raised by law enforcement agencies across the state about the lack of resources for enforcing federal laws. However, Teller County Sheriff Jason Mikesell and the county commissioners testified against the bill, arguing that it would directly impact their ability to house undocumented immigrants under intergovernmental service agreements with ICE. They expressed concerns about the logistical challenges and costs associated with transporting and housing detainees in other states if Colorado facilities were no longer available. The bill is currently being reviewed and amended before being voted on.

Immigration is an important driver of economic development in local economies, but its benefits are often overshadowed by debates on border security and humanitarian concerns, according to the Economic Innovation Group. The US-based think tank found that while 75% of voters have firm beliefs about whether immigration is good or bad for the national economy, only 56% feel it has much impact on local economies. Immigration advances local economic development by increasing the supply of human capital in the modern knowledge economy, filling gaps in local labour markets and introducing dynamism to the system, it said. Immigrants directly contribute to local population growth, which encourages investment, expands the consumer base and secures a growing labour supply for local companies. Immigrants also represent 18% of global patent-filers in the US, and account for 33% of all US Nobel prizes.

The U.S. State Department has announced a new pilot program for visa renewals that will benefit employers and foreign workers. Currently, individuals seeking work-related visas must obtain a visa stamp outside the U.S., leading to significant delays and backlogs exacerbated by the COVID-19 pandemic. The pilot program, set to launch later this year, will allow certain foreign workers with non-immigrant H and L visas to renew their visas within the United States, eliminating the need to travel abroad. The program aims to address the challenges caused by the pandemic, including limited operations at U.S. embassies and consulates, reduced transportation options, and staffing limitations. The initiative will provide relief to employers and foreign workers who would otherwise face long wait times and potential disruptions to employment during the visa renewal process. While the pilot program is expected to be limited in scope and duration, it is a step toward streamlining the visa revalidation process.

The U.S. Occupational Safety and Health Administration (OSHA) has announced that it will grant visa certifications to undocumented workers who have experienced labor rights violations, regardless of their immigration status. Previously, only law enforcement agencies, prosecutors, or judges involved in criminal investigations could issue such certifications. The new rules, effective from March 30, will protect workers from immigration-related retaliation and allow them to remain in the U.S. lawfully while OSHA investigates workplace abuses. Workers can apply for U-Visas or T-Visas, which provide temporary immigration benefits and a pathway to permanent resident status. OSHA's move aims to encourage workers, who were previously hesitant due to their immigration status, to report unsafe conditions without fear of reprisal. The announcement aligns with the U.S. Department of Homeland Security's earlier decision to offer an expedited deferred action request process to undocumented workers who have witnessed or experienced labor abuse.

The U.S. Citizenship and Immigration Services (USCIS) has issued policy guidance clarifying the evaluation of evidence for determining eligibility for O-1B nonimmigrants in the arts and nonimmigrants in the motion picture or television industry. The policy updates include the addition of a chart in the appendix that provides examples of evidence that can satisfy the O-1B evidentiary criteria, along with considerations for evaluating such evidence. The chart aims to assist petitioners in submitting the appropriate evidence to establish the beneficiary's eligibility. The guidance aims to improve readability, promote predictability and transparency in the application of O-1B evidentiary requirements, and enhance efficiency in the adjudication process. This guidance, found in Volume 2 of the Policy Manual, is effective immediately and supersedes any prior guidance on the subject.

Around 200 protesters took part in a march in Carlisle to express their opposition to the city's decision to house asylum-seekers. The demonstrators gathered in the city center before marching along London Road, where a hotel housing refugees is located. A significant police presence prevented the group from approaching the building. Anti-racism campaigners organized a counter-protest, asserting that the angry minority did not represent the majority of people in the city. One rally participant emphasized the importance of not allowing fascists to intimidate asylum seekers. Some protesters argued that resources should be prioritized for local people, including homeless veterans. Cumbria Police facilitated both protests, ensuring the safety of the public and attendees while seeking to minimize disruption and maintain order.

Immigration activists are protesting against an Allentown hospital's plan to deport a critically ill undocumented woman, arguing that she could die if sent back to the Dominican Republic. The 46-year-old woman, identified as S.C., has been in a coma since experiencing complications from surgery after a brain aneurysm in late December. The hospital, Lehigh Valley Hospital-Cedar Crest, has reportedly given her husband an ultimatum to either pay $500 per day for her home care equipment, find another facility, or consent to her removal. Advocates claim that medical deportations, where extremely ill undocumented patients are sent to their home countries to reduce ongoing care costs, often result in aggravated illnesses or death. They are calling for the hospital to continue providing care until she can be transferred to a suitable facility and to refrain from subjecting her to a private deportation.

The Biden administration is reportedly planning to redesignate Temporary Protected Status (TPS) for Nicaragua, allowing Nicaraguan immigrants in the U.S. to live and work in the country without fear of deportation. The move comes after pressure from immigrant advocates and Democratic lawmakers. The Trump administration had sought to end TPS for Nicaraguans in 2017 and 2018, putting over 300,000 people at risk of losing their legal relief. Since taking office, President Joe Biden has used TPS as a means of providing immigration relief to hundreds of thousands of individuals, given the lack of progress in Congress on immigration reform. Biden has designated six new countries for TPS and redesignated six others, making an additional 712,000 immigrants eligible for the status. Nicaraguans first received TPS in 1999 after Hurricane Mitch, and there were 4,250 TPS recipients from the country in 2021. The redesignation of TPS for Nicaragua is expected to address the political repression and poor economic conditions in the country that have led to a significant number of Nicaraguans seeking to enter the U.S.

The Biden administration's plan to create jobs through green initiatives is facing a significant hurdle: a shortage of American workers to fill those positions. This dilemma is forcing the administration to confront the issue of immigration to prevent its key legislative achievements from going to waste. The administration has allocated a substantial amount of funding for job creation, including climate incentives, infrastructure investment, and support for semiconductor manufacturing. However, experts argue that immigration reform is necessary to ensure these investments are not squandered. They suggest raising visa caps for highly skilled workers and providing strong work protections for temporary workers. Addressing workforce shortages through immigration reform is crucial for the successful implementation of clean energy projects, manufacturing, and infrastructure development. While the Biden administration has mostly focused on executive actions and enforcement against undocumented workers, calls for legislative action on immigration reform are growing. Immigration restrictions are even hindering industries like oil and gas. Additionally, efforts are needed to retain international students who earn advanced STEM degrees in the United States, as the demand for highly skilled workers surpasses the current immigration caps.

A recent poll shows that there is limited support in the United States for increasing immigration or accepting more asylum-seekers. Only 20% of respondents believe that more immigrants should be allowed into the country, while 44% think immigration should be reduced. Similarly, 24% support granting asylum to more people, while 43% believe there should be fewer asylum-seekers allowed entry. Support for immigration has declined during President Biden's term, with only 20% favoring increased immigration, down from 28% in a poll conducted in March 2021. The approval ratings for President Biden's handling of immigration and border security are low, with around 40% approving and nearly 60% disapproving. Democrats and Republicans have differing priorities regarding immigration policy, with Republicans emphasizing border security and penalties for employers hiring undocumented immigrants, while Democrats prioritize creating pathways for young immigrants to gain legal status. The nationwide poll was conducted in February 2023 and had a margin of sampling error of +/- 3.7 percentage points.