It’s now been over a year since Joe Biden took office as President of the United States. He made several promises of improving and reforming immigration in this country, but has Joe Biden actually benefited the US immigration system? Here, we will examine how his administration has affected immigration policies during his first year – for better or worse.
Positive Changes of the Biden Administration:
President Biden’s first concern was reversing many of Former President Trump’s controversial immigration policies. Possibly the most impactful changes were in immigration enforcement and this country’s treatment of those arrested by ICE. President Biden has pushed the focus of ICE onto violent criminal offenders, ended long-term detention of families, and has put an end to workplace ICE raids. President Biden has reduced ICE arrests by 50%.
For those applying for legal permanent residency (green card), President Biden has dramatically improved the process by removing “public charge” rules imposed by the Trump administration. This removed President Biden also worked to take in more refugees and restore DACA, which gives legal protections to those brought here unlawfully as children.
For those applying for H1B, conditions are good under the Biden administration. The denial rate for H1B petitions decreased to record lows. During Biden’s first year, H1B denials reduced to 4%, compared to the Trump presidency, where denials were on average nearly 20%. Additionally, USCIS held an unprecedented third round of H1B lottery this last H1B CAP season.
Immigration Issues of the Biden Administration:
This administration has continued practicing rapid deportations and restricting detainees of their rights to legal resources. The administration claims that rapidly deporting immigrants at the border is a safety measure against COVID-19; however, it is a contested practice from the Trump-era which hasn’t yet changed.
Another primary concern of the Biden administration is the historic delays in USCIS, NVC, Department of Labor, and the Immigration Courts. Applicants are waiting longer than ever for interviews to be scheduled both in the US and abroad. The Prevailing Wage system is stuck and leaves many employers waiting longer to submit I-140 petitions for their employees.
Also affecting I-140 petitioning employers are the increase in case audits. USCIS has increased its level of scrutiny and many more employers are now targeted in audits, which means employers are required to provide complex and thorough documentation to USCIS to avoid denials.
We have also noticed a large spike in Requests for Evidence (RFEs) for cases which would normally not have received an RFE. We have noticed many USCIS errors in RFEs and notices, which needlessly complicate things and add time to an already lengthy process. RFEs are being unfairly issued, names and addresses are being misspelled by USCIS, and cases are being transferred to new offices without informing the applicant. It is now more important than ever to have attorney representation because errors (even if they are USCIS’ errors) can delay cases even longer in an already backlogged system.
Other issues were also faced in the first year of the Biden presidency. The Taliban situation in Afghanistan caused thousands to seek safety in this country, and USCIS encouraged and instructed applicants to file for Advance Parole to enter the US. After receiving tens of thousands of applications, the government announced it was overwhelmed and underfunded and began rejecting applications in mass. Many of the rejections were caused, again, by careless USCIS errors and government mismanagement.
Disclaimer
This article, under no circumstances, acts as legal advice; therefore, for any immigration questions, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).
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