Headlines
Liberian DED Extended Through June 2026 – President Biden has extended through June 30, 2026, deferred removal for Liberians with a grant of Deferred Enforced Departure (DED). President Biden also announced that eligible Liberian nationals will have continued work authorization through June 30, 2026.
DHS Releases Details on Haiti TPS Extension and Redesignation, Work Authorization for Haitian F-1 Students – The Department of Homeland Security released additional details about the extension and redesignation of Haiti for Temporary Protected Status (TPS) through February 3, 2026. Given the timeframes, U.S. Citizenship and Immigration Services automatically extended through August 3, 2025, the validity of certain employment authorization documents issued under the TPS designation for Haiti and having the expiration dates listed in the notice.
DHS Raises Civil Penalties for Certain Violations – The Department of Homeland Security has raised civil monetary penalties for certain violations based on inflation. The new penalty amounts are effective for penalties assessed after June 28, 2024, whose associated violations occurred after November 2, 2015.
Naturalization Applicants Can Request Replacement Social Security Cards When They Apply for Citizenship – Applicants for naturalization can now request a replacement Social Security card when they apply for citizenship through Form N-400 (edition date 04/01/24).
DOS Updates Diversity Visa Guidance in Response to Court Decision – The Department of State said it will not process DV cases associated with several district court decisions from the DV-2020 or DV-2021 program years.
Ninth Circuit Holds That Discrimination Against U.S. Citizens on Basis of Citizenship is Prohibited – In Rajaram v. Meta Platforms, Inc., the U.S. Court of Appeals for the Ninth Circuit held that discrimination against U.S. citizens on the basis of their citizenship is prohibited under 42 U.S.C. § 1981.
DOJ Reaches Settlement With Staffing Agency for Discrimination Against Non-U.S. Citizens – The Department of Justice has secured a settlement agreement with eTeam Inc., an online staffing agency that provides services to companies in the United States and worldwide. The agreement resolves DOJ’s determination that eTeam discriminated against non-U.S. citizens with permission to work in the United States by excluding them from job opportunities based on their citizenship or immigration status.
FLCDataCenter.com Discontinued – FLCDataCenter.com is discontinued effective July 1, 2024. Prevailing wage data from the Occupational Employment and Wage Statistics Survey is now available through the OFLC Wage Search tool.
President Announces New Measures for Spousal Work Authorization, DACA Recipients – On June 18, 2024, President Biden announced measures “to ensure that U.S. citizens with noncitizen spouses and children can keep their families together.” He also announced measures to enable certain Deferred Action for Childhood Arrivals recipients and others to receive work visas more quickly.
USCIS Extends Certain TPS Work Permits Through March 9, 2025 – USCIS is extending the work authorization of Temporary Protected Status beneficiaries under the designations of El Salvador, Honduras, Nepal, Nicaragua, and Sudan through March 9, 2025.
DOJ Reaches Settlement With Staffing Agency for Discrimination Against Noncitizens –Under the settlement, the company will pay civil penalties, train its employees on the INA’s requirements, revise its employment policies, and be subject to monitoring.
Coming Soon: Increased Login Security for E-Verify and SAVE – U.S. Citizenship and Immigration Services announced that login security will be enhanced for E-Verify and Systematic Alien Verification for Entitlements later this year
DOS Rolls Out ‘Beta Release’ of Online Passport Renewal System – The Department of State is testing a system for U.S. citizens to renew their passports online.
EB-3 Category Retrogresses for July, Other Updates: Visa Bulletin – The worldwide EB-3 final action date (including Mexico and Philippines) retrogressed in July.
OFLC Seeks Info on Availability of Qualified Workers and Ways to Contact Them – The Office of Foreign Labor Certification seeks input on the annual determination of Labor Supply States to enhance U.S. worker recruitment.
Class Certified for Visa Applicants Refused Visas Under Presidential Proclamation – A U.S. District Court has certified a class to allow certain visa applicants who were refused visas under Presidential Proclamation 9645 to receive a one-time, non-transferable fee credit to submit a new visa application and (for eligible class members) to get a prioritized visa appointment.
New USCIS Policy Guidance Interprets Confidentiality Protections as Ending at Naturalization – “This policy will result in naturalized citizens having full access to USCIS electronic benefit processing and critical customer service tools that are available to other U.S. citizens,” USCIS said.
Update Your E-Verify Login Bookmark! – The URL should say “everify.uscis.gov“, not “e-verify.uscis.gov“.
President Suspends and Limits Entry Into the United States of Certain Noncitizens, With Exceptions – Exceptions include lawful permanent residents, noncitizen nationals of the United States, noncitizens with valid visas or other lawful permission to enter, noncitizens traveling under the Visa Waiver Program, unaccompanied children, and others.
DOJ Sues Oklahoma Over New State Enforcement Law Against Unauthorized Noncitizens – The Department of Justice (DOJ) has sued the state of Oklahoma over House Bill 4156, a new law that DOJ says “impermissibly creates a state-specific immigration system that effectively seeks to regulate noncitizens’ entry, reentry, and presence in the United States.”
BALCA, OALJ Offices Move – The national, Washington, DC, and Cherry Hill offices of the Board of Alien Labor Certification Appeals and the Office of Administrative Law Judges have relocated to the Frances Perkins building in DC.
Global: Colombia – This article discusses visa options for retirees and “digital nomads” in Colombia.
Charles Kuck was quoted by Law360 in Expired Diversity Visas Can’t Be Processed, DC Circ. Says. The article discusses a decision by the U.S. Court of Appeals for the District of Columbia on June 25, 2024, that reversed several lower court orders requiring the Department of State to process applications for diversity visas for fiscal years 2020 and 2021 after the deadline. Mr. Kuck, representing the plaintiffs in an appeal, told Law360 the legal team is disappointed by the decisions, “especially that it took more than 21 months for a resolution that protects the unconscionable efforts of the Department of State to intentionally deprive our clients of this opportunity to become permanent residents of the United States. Shame on the Biden administration for appealing this case.”
The News in Detail
Liberian DED Extended Through June 2026
President Biden has extended through June 30, 2026, deferred removal for Liberians with a grant of Deferred Enforced Departure (DED) under a 2022 memorandum. President Biden also announced that eligible Liberian nationals will have continued work authorization through June 30, 2026.
The grant of DED and continued employment authorization applies to any person who was eligible for a grant of DED under the 2022 memorandum, to include any Liberian national, or person without nationality who last habitually resided in Liberia, who has been continuously physically present in the United States since May 20, 2017, except for certain categories outlined in the new memorandum issued June 28, 2024.
Details:
- Memorandum on Extending Eligibility for Deferred Enforced Departure for Liberians, 89 Fed. Reg. 55017 (June 28, 2024).
DHS Releases Details on Haiti TPS Extension and Redesignation, Work Authorization for Haitian F-1 Students
The Department of Homeland Security released additional details about the extension and redesignation of Haiti for Temporary Protected Status (TPS) through February 3, 2026. Given the timeframes for processing TPS re-registration and work authorization renewal applications, U.S. Citizenship and Immigration Services (USCIS) automatically extended through August 3, 2025, the validity of certain employment authorization documents (EADs) issued under the TPS designation for Haiti and having the expiration dates listed in the notice.
- To get an EAD valid after August 3, 2025, USCIS said, holders of those EADs must re-register for TPS and file Form I-765, Application for Employment Authorization, following the instructions in the Federal Register notice extending and redesignating Haiti for TPS until February 3, 2026. If USCIS approves the newly filed Form I-765, it will issue an EAD valid through February 3, 2026.
- USCIS noted that “this may be the final time USCIS will automatically extend TPS Haiti-based EADs with a Category of A-12 or C-19 and a Card Expires date of Dec. 31, 2022; Oct. 4, 2021; Jan. 4, 2021; Jan. 2, 2020; July 22, 2019; Jan. 22, 2018; or July 22, 2017.”
- The notice also gives instructions for employers completing Form I-9, Employment Eligibility Verification, for TPS Haitian beneficiaries. Employers must reverify certain Haitian employees before they start work on August 4, 2025.
On July 1, 2024, U.S. Immigration and Customs Enforcement also released a notice on work authorization for Haitian F-1 nonimmigrant students.
Details:
- TPS designation for Haiti page.
- I-9 Central TPS page.
- ICE notice on work authorization for Haitian F-1 nonimmigrant students (July 1, 2024).
- DHS notice (July 1, 2024) (advance copy).
- DHS news release (June 28, 2024).
DHS Raises Civil Penalties for Certain Violations
The Department of Homeland Security (DHS) has raised civil monetary penalties for certain violations based on inflation. The new penalty amounts are effective for penalties assessed after June 28, 2024, whose associated violations occurred after November 2, 2015. For example:
- Civil penalties for knowingly hiring, recruiting, referral, or retention of unauthorized aliens—Penalty for first offense (per unauthorized alien): $698-$5,579.
- Civil penalties for I-9 paperwork violations: $281-$2,789.
Details:
- DHS Final Rule, 89 Fed. Reg. 53849 (June 28, 2024).
Naturalization Applicants Can Request Replacement Social Security Cards When They Apply for Citizenship
U.S. Citizenship and Immigration Services (USCIS) announced that applicants for naturalization can now request a replacement Social Security card when they apply for citizenship through Form N-400 (edition date 04/01/24).
USCIS noted several reasons why an applicant for naturalization might request a Social Security card through their application for naturalization:
- Replacing a lost, stolen, or damaged Social Security card
- Replacing a “restricted” Social Security card with an “unrestricted” Social Security card that can be used to show permission to work in the Form I-9 process
- Receiving a card with an updated name if the person’s legal name has changed
- Updating their citizenship information with the Social Security Administration
- Opening a My Social Security account without first visiting a local Social Security Administration office
DOS Updates Diversity Visa Guidance in Response to Court Decision
On June 25, 2024, the U.S. Court of Appeals for the District of Columbia reversed the district courts’ decisions that had ordered the Department of State (DOS) to reserve and adjudicate diversity visa (DV) cases from the DV-2020 and DV-2021 program years. The court found that:
The district courts had no authority to order the State Department to keep processing applications for diversity visas and issuing the visas beyond the end of the relevant fiscal years. … [C]ourts cannot order relief that conflicts with a clear and constitutionally valid statute. … Once Fiscal Years 2020 and 2021 ended, the plaintiffs lost their eligibility for diversity visas. The district courts erred in asserting an equitable authority to override these clear statutory deadlines, which foreclose the prospective relief sought in these cases. Accordingly, we … remand the cases with instructions to enter judgment for the government.
Accordingly, DOS said it will not process DV cases associated with these district court decisions from the DV-2020 or DV-2021 program years. Affected individuals from eligible countries “who wish to submit a new DV entry may do so during the registration period for the DV-2026 program year, which will open in October 2024 and close in early November 2024,” DOS said.
DOS said it “will continue to preserve case records related to the DV-2020 and DV-2021 programs until the litigation has concluded.”
Details:
- Goodluck v. Biden (consolidated) (June 25, 2024).
- DOS notice (June 27, 2024).
Ninth Circuit Holds That Discrimination Against U.S. Citizens on Basis of Citizenship is Prohibited
In Rajaram v. Meta Platforms, Inc., the U.S. Court of Appeals for the Ninth Circuit held that discrimination against U.S. citizens on the basis of their citizenship is prohibited under 42 U.S.C. § 1981. Purushothaman Rajaram, a naturalized U.S. citizen and information technology professional, alleged that Meta Platforms, Inc., refused to hire him because it prefers to hire noncitizens holding H-1B visas to whom it can pay lower wages. The court noted:
An employer that discriminates against United States citizens gives one class of people—noncitizens, or perhaps some subset of noncitizens—a greater right to make contracts than “white citizens.” If some noncitizens have a greater right to make contracts than “white citizens,” then it is not true that “[a]ll persons” have the “same right” to make contracts as “white citizens.” That is precisely what the literal text of the statute prohibits.
Details:
- Rajaram v. Meta Platforms, Inc. (June 27, 2024).
DOJ Reaches Settlement With Staffing Agency for Discrimination Against Non-U.S. Citizens
The Department of Justice (DOJ) announced on June 20, 2024, that it secured a settlement agreement with eTeam Inc., an online staffing agency that provides services to companies in the United States and worldwide. The agreement resolves DOJ’s determination that eTeam discriminated against non-U.S. citizens with permission to work in the United States by excluding them from job opportunities based on their citizenship or immigration status.
An investigation by the Immigrant and Employee Rights Section of DOJ’s Civil Rights Division found that “during various months in 2021, eTeam regularly distributed job advertisements that contained unlawful hiring restrictions based on citizenship status or otherwise screened out candidates based on their citizenship status. These actions harmed lawful permanent residents and individuals granted asylum or refugee status by deterring them from applying to the job advertisements and failing to meaningfully consider those who did apply,” DOJ said.
Under the terms of the settlement, eTeam will pay $232,500 in civil penalties and set aside $325,000 to compensate affected workers. The agreement also requires eTeam to train its personnel on immigration requirements, revise its employment policies, and be subject to departmental monitoring and reporting requirements, DOJ said.
Details:
- DOJ announcement (June 20, 2024).
- Settlement agreement (June 20, 2024).
FLCDataCenter.com Discontinued
The Department of Labor’s Office of Foreign Labor Certification announced that FLCDataCenter.com is discontinued effective July 1, 2024.
Prevailing wage data from the Occupational Employment and Wage Statistics Survey is now available through the OFLC Wage Search tool (https://flag.dol.gov/wage-data/wage-search), OFLC said.
President Announces New Measures for Spousal Work Authorization, DACA Recipients
On June 18, 2024, President Biden announced measures “to ensure that U.S. citizens with noncitizen spouses and children can keep their families together.” He said that:
- To be eligible, noncitizens must—as of June 17, 2024—have resided in the United States for 10 or more years and be legally married to a U.S. citizen, while satisfying all applicable legal requirements. On average, those who are eligible for this process have resided in the U.S. for 23 years.
- Those who are approved after the Department of Homeland Security’s case-by-case assessment of their application will be allowed to remain with their families in the United States and be eligible for work authorization for up to three years. This will apply to all married couples who are eligible.
- This action will protect approximately half a million spouses of U.S. citizens, and approximately 50,000 noncitizen stepchildren under the age of 21 whose parents are married to U.S. citizens.
President Biden also announced measures to enable Deferred Action for Childhood Arrivals (DACA) recipients “and other Dreamers, who have earned a degree at an accredited U.S. institution of higher education in the United States, and who have received an offer of employment from a U.S. employer in a field related to their degree, to more quickly receive work visas.” He said the administration “is taking action to facilitate the employment visa process for those who have graduated from college and have a high-skilled job offer, including DACA recipients and other Dreamers.” The action will involve streamlining the so-called “D-3” waiver process, by which people can overcome their unlawful presence problem by applying for a waiver at a consular post.
According to reports, details are expected to be released over the summer, along with an application process. People cannot apply yet.
Details:
- Fact Sheet: President Biden Announces New Actions to Keep Families Together (June 18, 2024).
- Easing the Nonimmigrant Visa Process for U.S. College Graduates, Department of State (June 18, 2024).
- Biden Is Offering Some Migrants a Pathway to Citizenship. Here’s How the Plan Will Work, Associated Press (June 18, 2024).
USCIS Extends Certain TPS Work Permits Through March 9, 2025
U.S. Citizenship and Immigration Services (USCIS) announced on June 20, 2024, that it is extending the work authorization of Temporary Protected Status (TPS) beneficiaries under the designations of El Salvador, Honduras, Nepal, Nicaragua, and Sudan through March 9, 2025.
USCIS will issue Form I-797, Notice of Action, to these TPS beneficiaries who are eligible to re-register for TPS or have a pending application to renew their Form I-766, Employment Authorization Document (EAD). The notice further extends the validity of their EAD through March 9, 2025.
USCIS said that employees may show their Form I-797, along with their TPS-based EAD (EAD with an A12 or C19 code), to any U.S. employer as proof of continued work authorization through March 9, 2025.
USCIS provided additional instructions for employers:
After a new employee has completed Form I-9, Employment Eligibility Verification, create a case in E-Verify for this employee. Enter the EAD document number you entered on Form I-9, as well as the automatically extended date of March 9, 2025. You must reverify these employees on Form I-9 before they start work on March 10, 2025.
Details:
- USCIS alert (June 20, 2024).
DOJ Reaches Settlement With Staffing Agency for Discrimination Against Noncitizens
The Department of Justice (DOJ) announced a settlement agreement with Selective Personnel Inc. (SPI), a California staffing agency. The agreement resolves DOJ’s determination that SPI’s predecessor business entity, South Bay Safety (SBS), violated the Immigration and Nationality Act (INA) by regularly discriminating against non-U.S. citizens when checking their permission to work in the United States.
After investigating, the Civil Rights Division’s Immigrant and Employee Rights Section (IER) concluded that between September 2020 and October 2022, SBS required non-U.S. citizens to present specific types of documentation reflecting their immigration status to prove their permission to work. In contrast, U.S. citizens could present any acceptable document of their choosing. IER concluded that SPI was a successor in interest to SBS and liable for the violations that IER found.
Under the settlement, SPI will pay civil penalties to the United States, train its employees on the INA’s requirements, revise its employment policies, and be subject to departmental monitoring.
Details:
- DOJ press release (June 17, 2024).
Coming Soon: Increased Login Security for E-Verify and SAVE
U.S. Citizenship and Immigration Services (USCIS) announced that login security will be enhanced for E-Verify and Systematic Alien Verification for Entitlements (SAVE) later this year, when users will begin logging into E-Verify or SAVE using Login.gov. This change “will require users to enter more information than just a password through a process called multi-factor authentication,” USCIS said. For example, “along with the password, users may be asked to enter a code sent to their email or phone.”
USCIS said that enhancing these processes will help prevent unauthorized account access and minimize risk due to human error, misplaced passwords, or lost devices.
DOS Rolls Out ‘Beta Release’ of Online Passport Renewal System
The Department of State (DOS) is testing a “beta release” of a system for U.S. citizens to renew their passports online. DOS said routine processing times for renewing a passport online are expected to be six to eight weeks (not including mailing). Expedited renewals are not available online.
DOS noted that applicants might not be able to start their applications on the days of their choice during the beta release period. The system will open for a limited time midday ET each day, “and will close once we reach our limit for the day.” If you can’t start your application, DOS said, “try again on another day.” Renewal by mail is still available also.
Details:
- DOS announcement (June 12, 2024).
EB-3 Category Retrogresses for July, Other Updates: Visa Bulletin
The Department of State’s Visa Bulletin for July includes the following information about retrogression in the EB-3 immigrant visa preference category and an alert about a new law’s impact on special immigrant visas:
RETROGRESSION IN THE EMPLOYMENT-BASED THIRD (EB-3) PREFERENCE CATEGORY
As readers were informed was possible in Item D of the June 2024 Visa Bulletin, it has become necessary to retrogress the worldwide EB-3 final action date (including Mexico and Philippines) effective in July. Given continued high demand and number use in this category, it will likely be necessary to either further retrogress the final action date or make the category “Unavailable” in August. This situation will be continually monitored, and any necessary adjustments will be made accordingly.
U.S. GOVERNMENT EMPLOYEE SPECIAL IMMIGRANT VISAS (SIVs)
The National Defense Authorization Act (NDAA) for Fiscal Year 2024, signed into law on December 22, 2023, may affect certain current and former employees of the U.S. Government abroad applying for SIVs or adjustment of status, as described in section 101(a)(27)(D) of the INA. This does not affect certain Iraqis and Afghans applying for SQ and SI SIVs. Applicants should contact the consular section at which they filed their Form DS‑1884 for further information on the impact of that law on their case.
Details:
OFLC Seeks Info on Availability of Qualified Workers and Ways to Contact Them
The Department of Labor’s Office of Foreign Labor Certification (OFLC) seeks input by August 13, 2024, on the annual determination of Labor Supply States (LSS) to enhance U.S. worker recruitment. OFLC explained that LSS are “additional states in which an employer’s job order will be circulated and, if appropriate, where additional positive recruitment may be required of the employer.”
To make a determination regarding labor supply and the positive recruitment needed to reach qualified workers within a state, OFLC requests information on the availability of qualified workers and the “appropriate, effective methods of contacting those workers.” Information sought includes but is not limited to:
- The type of qualified workers available (e.g., tomato harvest workers);
- The state and geographic area(s) within the state where the workers may be located (e.g., city, county, regional non-metropolitan area);
- The methods for apprising the workers of a job opportunity (e.g., local newspaper or periodical, posting with a particular community organization engaged with those workers); and/or
- Most current information for the person(s) or entity (e.g., worker union, community-based organization) to be contacted for assistance in circulating the job opportunity to those workers.
OFLC said that all “previously determined LSS requirements will remain in full effect, unless the OFLC Administrator receives information indicating that a previous LSS is no longer a source for qualified workers.”
Details:
- OFLC announcement (scroll to June 14, 2024).
Class Certified for Visa Applicants Refused Visas Under Presidential Proclamation
The Department of State (DOS) disseminated a notice that the U.S. District Court for the Northern District of California has certified a class in the consolidated cases Emami v. Mayorkas and Pars Equality Center v. Blinken to allow certain visa applicants who were refused visas under Presidential Proclamation 9645 to receive a one-time, non-transferable fee credit to submit a new visa application and for eligible class members to get a prioritized visa appointment.
Certain nationals of Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen who were denied a visa between December 8, 2017, and January 20, 2021, and did not receive a waiver under that proclamation may be eligible for relief, DOS said.
Details:
- DOS notice (also available in Arabic and Farsi) (June 13, 2024).
New USCIS Policy Guidance Interprets Confidentiality Protections as Ending at Naturalization
U.S. Citizenship and Immigration Services (USCIS) has issued guidance that interprets certain confidentiality protections as ending at naturalization.
USCIS said it made this change because “the previous practice of maintaining 8 U.S.C. 1367 protections beyond naturalization created burdens for some naturalized U.S. citizens. This policy will result in naturalized citizens having full access to USCIS electronic benefit processing and critical customer service tools that are available to other U.S. citizens.”
Details:
- Customer Service and Interpretation of 8 U.S.C. 1367 Confidentiality Protections for U.S. Citizens, USCIS Policy Alert PA-2024-15 (June 12, 2024).
Update Your E-Verify Login Bookmark!
U.S. Citizenship and Immigration Services (USCIS) reminded E-Verify users to delete the dash in their E-Verify login bookmarks. The URL should say “everify.uscis.gov“, not “e-verify.uscis.gov“. USCIS said the old URL and associated redirect will no longer work, effective June 25, 2024. USCIS also reminded users to update “any material(s) used internally.”
Details:
- USCIS notice (June 11, 2024).
President Suspends and Limits Entry Into the United States of Certain Noncitizens, With Exceptions
Subject to certain exceptions, as of June 5, 2024, President Biden has “suspended and limited” entry into the United States of certain noncitizens across the southern border. In related remarks accompanying a Presidential Proclamation, President Biden said, “Migrants will be restricted from receiving asylum at our southern border unless they seek it after entering through an established lawful process.”
Exceptions include lawful permanent residents, noncitizen nationals of the United States, noncitizens with valid visas or other lawful permission to enter, noncitizens traveling under the Visa Waiver Program, unaccompanied children, and others, as set forth in the Presidential Proclamation.
The order will be lifted “14 calendar days after the [Secretary of Homeland Security] makes a factual determination that there has been a 7-consecutive-calendar-day average of less than 1,500 encounters” of unauthorized noncitizens at the border, with some exceptions. The suspension and limitation on entry applies “on the calendar day immediately after the Secretary has made a factual determination that there has been a 7-consecutive-calendar-day average of 2,500 encounters or more,” a threshold that has been met.
Lee Gelernt, a spokesperson for the American Civil Liberties Union (ACLU), said the ACLU plans to sue. “A ban on asylum is illegal just as it was when Trump unsuccessfully tried it,” he said.
Details:
- Presidential Proclamation (June 4, 2024).
- Remarks by President Biden on Securing Our Border (June 4, 2024).
- Biden Signs Executive Action Drastically Tightening Border, NBC News (June 4, 2024).
- “Securing the Border,” interim final rule, Departments of Homeland Security and Justice, 89 Fed. Reg. 48710 (June 7, 2024).
DOJ Sues Oklahoma Over New State Enforcement Law Against Unauthorized Noncitizens
The Department of Justice (DOJ) has sued the state of Oklahoma over House Bill (HB) 4156, a new law that DOJ says “impermissibly creates a state-specific immigration system that effectively seeks to regulate noncitizens’ entry, reentry, and presence in the United States.” In the suit, DOJ likened HB 4156 to “Texas’s preliminarily enjoined Senate Bill 4 and Iowa’s recently enacted Senate File 2340.” HB 4156, effective July 1, 2024, creates new state crimes and imposes state penalties on noncitizens in Oklahoma who unlawfully enter or reenter the United States, the suit says.
DOJ’s suit notes that “Congress has established a comprehensive scheme governing noncitizens’ entry and reentry into the United States—including penalties for unlawful entry and reentry…and removal from the country.” The agency argues that “HB 4156 intrudes on that scheme, frustrates the United States’ immigration operations, and interferes with U.S. foreign relations. It is preempted by federal law and thus violates the Supremacy Clause of the United States Constitution. HB 4156 also violates the dormant Foreign Commerce Clause, which limits the power of the States to regulate the international movement of persons. Accordingly, the United States seeks a declaration invalidating, and an order enjoining the enforcement of, HB 4156.”
Details:
- U.S. v. State of Oklahoma, Case No. COMPLAINT CIV-24-511-J (May 21, 2024).
- HB 4156 (approved by governor Apr. 30, 2024).
BALCA, OALJ Offices Move
The national, Washington, DC, and Cherry Hill offices of the Board of Alien Labor Certification Appeals (BALCA) and the Office of Administrative Law Judges (OALJ) have relocated to the Frances Perkins building in DC. Effective immediately, all mail to these offices should be sent to:
U.S. Department of Labor
Office of Administrative Law Judges
200 Constitution Ave., NW
Room S-4325
Washington, DC 20210
The telephone and fax numbers for the offices remain the same.
Details:
- OALJ notice (May 7, 2024).
Global: Colombia
This article discusses visa options for retirees and “digital nomads” in Colombia.
Colombia: An Emerging Haven for Foreign Retirees
In recent years, Colombia has emerged as one of the most attractive destinations for foreign retirees, consistently ranking high in various international listings. The country’s appeal lies in its diverse climate, rich biodiversity, affordable cost of living, excellent culinary offerings, and vibrant cultural scene. Foreign retirees often highlight the warm and welcoming attitude of Colombians, which greatly facilitates their integration into local communities. Cities like Medellín, Cartagena, Santa Marta, and those in the coffee-growing region are particularly popular among this demographic.
Visa Options for Retirees
Colombia offers a specific migrant visa category for retirees, outlined in its current immigration regulations. This visa is available to foreigners with a steady monthly income from a pension granted by a government or private pension fund. The visa is valid for up to three years and can be renewed indefinitely. Importantly, this visa allows multiple entries into the country. Retirees who have held this visa continuously for at least five years are eligible to apply for a permanent resident permit.
Requirements for the Retiree Visa
To obtain the retiree visa, applicants must provide:
- Pension Certification: Proof of a monthly pension payment of no less than USD 1,000.
- Police Clearance: A document confirming the applicant has no criminal record duly apostilled and sworn (translated).
- Medical Certificate: This document can be issued from a doctor abroad and must come apostilled and sworn (translated if needed) or issued in Colombia.
- International Medical Insurance: Confirmation of coverage within the national territory against all risks in case of accident, illness, maternity, disability, hospitalization, death, or repatriation, for the duration of stay in Colombia.
Colombia’s unique blend of natural beauty, cultural richness, and welcoming atmosphere makes it an ideal retirement destination. The retiree visa facilitates a smooth transition for foreigners looking to make Colombia their new home, offering benefits such as long-term stay options and the potential for permanent residence.
Digital Nomads in Colombia
The Ministry of Foreign Affairs issued Resolution 5477 on July 22, 2022, which established new provisions on types of visas, application processes, and issuance, among others. One of the main changes to the Colombian immigration regime introduced by Resolution 5477 is the inclusion of the Visitor Visa for Digital Nomads. Since October 21, 2022, the date on which the new immigration regime entered into force, foreigners, whether independently or labor-related, who wish to enter to provide remote work or teleworking services from Colombia, through digital media and internet, exclusively for foreign companies, or to start a digital content or information technology venture of interest to the country, may request and obtain a Visitor Visa for Digital Nomads at a Colombian consulate abroad or directly at the Ministry of Foreign Affairs.
Among other requirements, the applicant must demonstrate through bank statements a minimum income equivalent to minimum monthly wages (approximately USD 1,220) during the last three months, and health insurance with coverage in Colombia against all risks in case of accident, illness, maternity, disability, hospitalization, death, or repatriation, for the planned duration of stay in Colombia.
This multiple-entry visa is valid up to two years. The authorized period of stay is the same time for which it is granted. It allows beneficiary visas for the spouse, permanent partner, and children of the holder. The holder of this visa may not work or carry out any paid activity with a natural or legal person in Colombia. According to Resolution 5477, this visa is apparently only applicable to those foreigners who are exempt from short-stay visas to enter Colombia, such as those listed in Resolution 5488 of 2022.
Similarly, nationalities that do not require a short-stay visa may enter without a visa and remain in Colombia with an entry and stay permit granted by Migración Colombia. With this permit, Digital Nomads can stay in the territory for up to 90 days (continuous or discontinuous), extendable for another 90 days as long as the activities they carry out do not generate payments from Colombian companies. Despite the above, it is not certain whether this type of activity can be carried out with a tourist permit (PT), integration and development permit (PID), or permit for other activities (POA), since those currently do not specifically allow this type of activity. Thus, authorization by the competent authorities must be obtained before carrying out digital nomad activities with the aforementioned permits. Possibly a new permit will be created that explicitly authorizes the execution of this type of act
