Immigration Update – September 7, 2023

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Securities:

New York leaders pressure Biden administration to speed up work permits, DHS notifies migrants – New York City Mayor Eric Adams, along with civic and labor leaders, business leaders and New York’s governor, pressed the Biden administration to expedite work permits and other types of aid for around 100,000 migrants transported to the city from the south. American border.

USCIS announces parole process for some Afghans – U.S. Citizenship and Immigration Services said it will accept and consider, on a case-by-case basis, applications for re-parole from certain non-citizen Afghans released on parole in the United States.

Participants Sought for USCIS “myAccount” Usability Study – USCIS is seeking feedback to help improve the user experience and design of its myAccount application. USCIS would like to hear from a diverse group of people for feedback.

ABIL Global: Australia – Home Affairs Minister Clare O’Neil has announced critical changes to Australia’s migration framework as part of her address at the National Press Club in Canberra on April 27, 2023.

Details:

New York leaders pressure Biden administration to speed up work permits, DHS notifies migrants

New York Mayor Eric Adams, along with civic and labor leaders, business leaders and New York’s governor, have pressed the Biden administration to expedite work permits and other aid for about 100,000 migrants transported to the city from the southern United States. border.

The New York City Council issued a statement: “As increasing numbers of people seeking asylum in the United States arrive in our city, it is essential that they are allowed to work legally to support themselves, to those of their families and to those of our city. Asylum seekers can contribute enormously to our economy, and it is imperative that we ensure this is achieved. » New York Governor Kathy Hochul met with senior administration officials to discuss the situation and request expedited work authorization and funding for associated costs.

The Biden administration estimated that “a significant number of recent migrants who arrived in New York are currently eligible for work but have not yet applied for work permits.” The administration plans to work with New York State and New York City in September “on a month of action to help close the gap between noncitizens eligible for work authorization and those who do.” made the request, in order to meet the labor needs in New York. The administration said individuals “will receive direct communications via text and email, in English, Spanish, Haitian Creole and other languages.” This effort will include sending teams working across multiple action areas to help eligible migrants apply for work authorization.

On August 31, 2023, the administration sent text and email reminders to thousands of eligible migrants across the United States to apply for work authorization. “You are receiving this message because you have been granted parole in the United States. You can apply for a work permit online,” one notice reads. A notification for asylum seekers says: “You are receiving this message because you have applied for asylum and may soon be eligible to apply for a work permit. » A spokesperson for the Department of Homeland Security (DHS) confirmed that DHS had “launched a first-of-its-kind national campaign for noncitizens who are eligible for work but have not yet applied for authorization work”.

An open letter that business leaders – including CEOs of many large companies – sent on August 28, 2023 to President Biden and congressional leaders said: “We write in support of the request made by New York Governor Hochul to federal funding for education, housing, security. , and health care services to offset costs that local and state governments bear with limited federal aid. Additionally, there is a compelling need to expedite the processing of asylum applications and work permits for those who meet federal eligibility standards.

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USCIS announces parole process for some Afghans

The United States Citizenship and Immigration Services (USCIS) recently announced that the Office of Refugee Resettlement (ORR) has issued updated tips specifying that ORR benefits and services will be available to eligible Afghan parolees who have a pending re-release application, pending asylum application or pending adjustment of status application with the USCIS. This guidance applies to eligible Afghan parolees whose initial parole period expires while their application is pending with USCIS, the agency said.

USCIS announced that it will accept and consider, on a case-by-case basis, applications for new parole under section 212(d)(5) of the Immigration and Nationality Act (INA) from of some non-citizen Afghans released on parole to the United States. with the “OAR” or “PAR” admission classes.

These requests for new conditional release (from self-applicants only) are exempt from:

  • Application fees for a request for re-release;
  • The fees for submitting the application for a work authorization document; And
  • The requirement to file Form I-134, Statement of Financial Support.

The USCIS alert explains eligibility requirements and application procedures, how to apply for parole again without fees, and how to request a work authorization document.

Details:

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Participants Sought for USCIS “myAccount” Usability Study

U.S. Citizenship and Immigration Services (USCIS) is conducting a usability study of the USCIS myAccount application, a platform designed to streamline access to U.S. government websites such as myUSCIS. USCIS is seeking feedback to help improve the user experience and design of its application. USCIS would like to hear from a diverse group of people to gather feedback on my account. Recruitment for this test will close on Friday September 15, 2023.

To participate, send an email myuscisfeedback@uscis.dhs.gov with the subject line “Usability testing of my account” and include age, gender identity, and racial and ethnic category. USCIS will randomly select participants for a 30-minute to one-hour session in which it will ask for feedback on the proposed designs. If you are selected, a single session of 30 minutes to one hour will be scheduled between Monday September 25 and Friday September 29. During the usability testing session, you will have the option to join a video call from a computer (not a mobile device) via Microsoft Teams. Use of webcam is welcome but not required. However, USCIS will ask you to share your screen while you review the designs and will allow the agency to record your audio and screen. Questions can be sent to myuscisfeedback@uscis.dhs.gov.

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ABIL Global: Australia

Home Affairs Minister Clare O’Neil has announced critical changes to Australia’s migration framework as part of her address at the National Press Club in Canberra on April 27, 2023.

The new Labor government has commissioned a comprehensive review of Australia’s migration framework after Home Affairs Minister Clare O’Neil determined the existing legislative framework did not meet Australia’s needs. Over the years, Australia’s migration policies have changed to effectively create a niche group of temporary residents called “temporary permanents”. They have lived in Australia for years, worked there, had children and become an integral part of the community, but they have never been able to access permanent residency. Permanent migration is now at the center of the concerns of this new government.

TSMIT increase – July 2023 and future

In the biggest change ever to sponsored temporary work visas, known as 482 or 457 visas, the government announced in 2023 an increase in the minimum wage that must be paid to a sponsored visa holder. This is called the Skilled Temporary Migration Income Threshold (TSMIT). The TSMIT has not changed since 2009 and until June 30, 2023, the minimum wage was set at AUD 53,900.

After reviewing the visa program, the government announced that all 482 new sponsorships lodged after July 1, 2023 must receive a minimum TSMIT of $70,000 AUD base salary, excluding mandatory pension guarantees. The Grattan Institute, a public policy think tank, recommended the increase to $70,000 after reporting that the average visa holder in Australia, 457, earned about $75,000 anyway. The minimum wage increase also reflects the real cost of living in Australia and is much more in line with the labor market than the starting salary of $53,900 set in 2009.

Permanent Australians

The Home Secretary also said that all temporary skilled workers will have access to permanent residency by the end of 2023. The government is likely to work on regulations in preparation for their release later in the year . However, like most government announcements, this could come much later than expected – to create the appropriate legal framework to ensure that some 1.8 million temporary visa holders currently in Australia have a secure pathway to permanent residence. Australian immigration lawyers are patiently waiting to review the new legislation when it becomes available.

To continue attracting the “best and brightest”, not only to fill critical skills shortages, but also to drive innovation, the government has made further announcements:

  • High-performing student visa holders will have access to permanent residency.
  • Requirements are being strengthened for international student visa holders and applicants to attract and retain the bright minds and skills attributable to Australia.
  • Visas with points examination will be revised and the search for global talents to build the country’s future will be strengthened.
  • Three new pathways for skilled temporary migrants will include:
    • A quick and easy way for highly skilled workers to drive innovation and job growth;
    • A general pathway to acquire basic skills, including migrants earning above TSMIT and middle-income earners; And
    • Essential industries to meet sectors such as aged care.

Although some 482 visa holders are now eligible for permanent residency, legislation has not yet been released to support the government’s growth intentions. For now, Australia remains a lucrative destination, open for business again and ready to recover from the global impact of the COVID-19 pandemic.

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