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There have been some changes to the landscape of U.S. immigration law under President Biden's administration. From the promotion of AI innovation to changes in asylum rules and green card updates, the new policies present some opportunities and challenges for immigrants and stakeholders. In this article, we provide a quick overview of these policies, highlighting their implications and considerations for individuals and organizations navigating the evolving immigration system.
Path to U.S. AI Careers: Immigration and Job Prospects
President Biden's executive order on artificial intelligence aims to position the United States as a leader in AI innovation by expanding opportunities for skilled immigrants in the AI field. The order emphasizes the attraction of global talent in AI and related fields through streamlined processing times of petitions and applications for noncitizens who seek to travel to the United States to work on, study, or conduct research in AI or other critical and emerging technologies.
U.S. Citizenship and Immigration Services (USCIS) has:
- Streamlined processing times of petitions and applications for (DHS Fact Sheet):
- O-1A noncitizens of extraordinary ability,
- EB-1 noncitizens of extraordinary ability and outstanding professors and researchers,
- EB-2 advanced-degree holders and noncitizens of exceptional ability,
- Startup founders using the International Entrepreneur Rule, and
- International students.
- Modernize the H-1B specialty occupation worker program and continue to work on rulemaking to enhance the process for noncitizens and their spouses, dependents, and children to adjust their status to lawful permanent residents.
While the order presents significant opportunities, it also requires careful management to address potential challenges related to program integrity and maintaining a balance between openness and security. It requires companies to ensure the ethical use of AI to avoid potential legal malpractices and uphold immigrants' rights.
U.S. Imposes Stricter Asylum Rules at Southwest Border
President Biden issued a Proclamation to temporarily suspend the entry of noncitizens across the southern border and restrict asylum eligibility for those who irregularly enter the country. The rule calls for noncitizens to be processed under Title 8 immigration authorities during periods of high border encounters and aims to increase the speed and scope of consequences for those who cross the border irregularly. Exceptions to these restrictions include lawful permanent residents, unaccompanied children, victims of severe trafficking, and noncitizens with valid visas. The goal is to enhance border security by imposing swift consequences for individuals who cross the border irregularly.
Major Changes to U.S. Immigration: Green Card and Visa Updates
The Department of Homeland Security has announced actions to promote family unity and stability in the immigration process, aiming to keep families together. The new measures will allow certain noncitizen spouses of U.S. citizens who have lived in the U.S. for 10 years or more and meet specific criteria to apply for lawful permanent residence (LPR) without leaving the country. This process is commonly known as Adjustment of Status (AOS). However, applicants are required to first apply for Parole in Place before they can adjust their status.
USCIS will begin accepting applications under this process on Aug. 19, 2024. In the mean time, you should consider consulting with an experience immigration attorney and start gathering evidence of your eligibility, such as:
Proof of marriage to a U.S. citizen;
Proof of identity;
Evidence of your spouse’s U.S. citizenship;
Documentation to establish your continued presence in the United States for at least 10 years.
Additionally, the Department of State will work with DHS to facilitate certain employment-based nonimmigrant visas for eligible individuals, including DACA recipients and undocumented noncitizens who have graduated from U.S. institutions of higher education.
In conclusion, the new immigration policies introduced under President Biden's administration represent a significant attempt to address various aspects of the immigration system. These policies aim to create opportunities for skilled immigrants, enhance border security, and promote family unity. While they present opportunities, it will be important to observe how these changes are implemented and their impact on immigrants and the broader immigration system. As immigrants navigate these changes, seeking guidance from reputable immigration law firms such as Plan Life Law, PLLC can be essential in understanding and benefiting from the new policies effectively and reliably.
Disclaimer: This information is intended for general knowledge and informational purposes only, and does not constitute legal advice. It's essential to consult with an attorney for personalized guidance on your specific situation.
#undocumented, #immigrant #asylum #paroleinplace #employmentvisa
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