Securities:
Mayorkas indicted; Senate conviction seems unlikely – After a previous failed attempt to impeach Secretary of Homeland Security Alejandro Mayorkas, House Republicans successfully impeached Mr. Mayorkas on February 13. A conviction in the Senate seems very unlikely.
President orders postponement of forced departure of Palestinians to the United States – On February 14, 2024, President Biden directed the Secretary of Homeland Security to grant deferred forced departure to Palestinians in the United States for 18 months, with limited exceptions.
ETA Extends Comment Period for Responses to PERM Annex A Request for Information – ETA said it received “a very limited number of comments, only a few of which responded to the questions posed in the RFI.” The public comment period has been extended until May 13, 2024.
CIS Ombudsman Issues Tips on How to Avoid Locking Your USCIS Account – Tips include how to create a strong password, the importance of logging in regularly to maintain access, what to do if locked out, how to reset a password, security considerations, and how to support USCIS technique works to help you access the account.
ETA Updates Allowable Expenses for Farmworker Meals and Travel Reimbursement, Including Accommodation – The Employment and Training Administration announced updates to the allowable monetary fees that employers of H-2A workers, in occupations other than ranching or range livestock production, can charge workers when the employer provides three meals a day. The annual notice also announces the maximum reimbursement for subsistence meals that a receipted worker can claim under the H-2A and H-2B programs, and reminds employers of their obligations regarding overnight lodging costs. as part of the required livelihood.
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Mayorkas indicted; Senate conviction seems unlikely
After a previous failed attempt to impeach Homeland Security Secretary Alejandro Mayorkas on February 6, 2024, House Republicans succeeded in impeaching Mr. Mayorkas on February 13 with a vote of 214-213. accused Mr. Mayorkas of failing to maintain operational control of the border, among other things.
The Senate will then consider the articles of impeachment after February 26, 2024, when they return. The Senate has various options, including voting to impeach, acquit or convict Mr. Mayorkas, among others. A conviction, which would require a two-thirds majority, is considered highly unlikely. On the other hand, a vote to reject would only require a simple majority. Sen. James Lankford (R-OK) said the impeachment attempt would be “dead on arrival” in the Senate.
The reaction from immigration advocates was strong. American Immigration Lawyers Association (AILA) Executive Director Ben Johnson called the impeachment effort “politically motivated.” He said: “Accusations that Secretary Mayorkas abused the ‘public trust’ continue to ring hollow given that he was implementing policy as cabinet secretaries have done throughout the American history,” and “(w)weaponizing the impeachment process is both unconstitutional and dangerous for the future.” of a government that works. Jeremy Robbins, executive director of the American Immigration Council, said, “All this political grandstanding around Mayorkas does absolutely nothing to address our challenges at the border. »
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President orders postponement of forced departure of Palestinians to the United States
On February 14, 2024, President Biden directed the Secretary of Homeland Security to grant Deferred Enforced Departure (DED) to Palestinians in the United States for 18 months, with limited exceptions. It further requested the Secretary to authorize the employment of Palestinian noncitizens whose removal has been deferred for the duration of that deferral, and to “consider suspending regulatory requirements for F-1 nonimmigrant students who are Palestinian. The Biden administration said it was taking these steps to give Palestinians in the United States “temporary sanctuary” due to deteriorating humanitarian conditions in Gaza.
The memorandum lists exceptions to DED for Palestinians, including those who have not resided continuously in the United States since February 14, 2024, who voluntarily returned to the Palestinian territories after that date, who are inadmissible under certain provisions of United States immigration law or subject to extradition, who have been convicted of a felony or two or more misdemeanors committed in the United States, or who the Secretary considers to be a danger for public safety.
According to reports, approximately 6,000 Palestinians are eligible for DED under the memorandum.
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ETA Extends Comment Period for Responses to PERM Annex A Request for Information
The Department of Labor’s Employment and Training Administration (ETA) has extended the comment period for responses to its PERM Appendix A Request for Information (RFI). ETA said it received “a very limited number of comments, only a few of which responded to the questions posed in the RFI.” The public comment period was scheduled to end on February 20, 2024, but has been extended to May 13, 2024.
For context, on December 21, 2023, ETA issued the RFI, seeking public input on potential revisions to Appendix A of the Permanent Labor Certification Process to include occupations in the fields of science, technology, engineering and mathematics (STEM), including those related to artificial intelligence. non-STEM occupations and occupations, for which there may be an insufficient number of ready, willing, able, and qualified U.S. workers.
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CIS Ombudsman Issues Tips on How to Avoid Locking Your USCIS Account
On February 14, 2024, the Office of the Citizenship and Immigration Services Ombudsman (CIS) released a tip sheet on how individuals with individual U.S. Citizenship and Immigration Services online accounts (USCIS) can maintain access and avoid having access to their accounts blocked.
Tips include how to create a strong password, the importance of logging in regularly to maintain access (the tip sheet suggests “once a month or once every few months”), what to do if you get locked out , how to reset a password, security considerations and how USCIS Technical support service works to facilitate account access.
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ETA Updates Allowable Expenses for Farmworker Meals and Travel Reimbursement, Including Accommodation
On February 13, 2024, the Department of Labor’s Employment and Training Administration (ETA) announced updates to the allowable monetary expenses that employers of H-2A temporary agricultural workers, in occupations other than breeding or livestock production on the range, may charge workers. when the employer provides three meals per day. The annual notice also announced the maximum reimbursement for subsistence meals that a receipted worker can claim under the H-2A and H-2B temporary non-agricultural programs, and reminded employers of their obligations regarding fees overnight accommodation as part of the required livelihood.
The notice provides that:
- The updated maximum allowable fee increased from $15.46 to $15.88 per day, unless the Foreign Labor Certification Office certifying official approves a higher fee.
- The standard meal and incidental expense (M&IE) rate is $59 per day for 2024. Workers who are eligible for travel reimbursement are eligible for meal reimbursement up to the standard M&IE rate when providing received. To determine the appropriate reimbursement amount for meals lasting less than a full day, the employer may limit reimbursement for meal expenses, with receipts, to 75 percent of the maximum reimbursement for meals, or $44.25, based on the General Services Administration. daily allowance schedule.
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