- On September 18, the administration announced major changes to the naturalization exam. The current exam consists of 100 possible questions, of which the applicant will be asked 10 and must get 6 correct in order to pass. The new test, which will apply to applications filed on or after October 20th, will have 128 possible questions, and applicants will be asked 20, needing to get 12 right to pass. At least one USCIS has admitted that the new exam further reflects the agency’s move away from providing services and towards a focus on enforcement.
- The Trump Administration is taking its crusade against refugees and asylees international, urging other nations to upend the international system that has been in place since World War II. On the sidelines of the U.N. General Assembly, administration officials argued that asylum should not be permanent, and that asylees should eventually be sent home. They also argue that there is no right to receive asylum in a country of choice. Filippo Grandi, the United Nations High Commissioner for Refugees, countered that the best way to address the growing number of displaced persons is to address the root causes of displacement.
- On Friday, a federal district judge issued a temporary injunction to prohibit the USDA from collecting personal data on SNAP recipients and stop the federal government from using funding cuts to coerce such information sharing from the states. The injunction was the result of a lawsuit filed by 20 states, including Massachusetts, in a federal district court in CA. This is not a nationwide injunction and only applies to the states that brought the suit (except for Nevada).
- Yesterday, a federal judge in Arizona continued to block the deportation of dozens of unaccompanied minors from Honduras and Guatemala. Although the administration had claimed that they were attempting to reunite the children with their parents, the judge found that, “counsel could not identify a single instance of coordination between a parent and any government—American or Guatemalan.”
H-1B Non-Immigrant Visa Policy Update
Last Friday, the Trump Administration caused confusion and panic for American businesses when it announced a new $1000,000 fee for H-1B non-immigrant visas for skilled workers. The language of the proclamation signed on September 19 was muddled, leaving businesses, employees, and lawyers scrambling as they tried to figure out who the new order actually applied to. Many current H-1B holders who were overseas at the time of the announcement spent thousands on new flights as they tried to come back to the US before the proclamation took effect at 12:01am on Sunday.
Under pressure from companies and attorneys to provide better guidance, the administration on Saturday clarified that the new fee only applies to new H-1B applications, and not to current visa holders, even if they are out of the country. H-1B visas are made available each year through a lottery system held in February
Despite the clarification from the administration, questions still exist as the administration officials have been giving conflicting information on the fee. H-1B visas are good for 3 years and can be renewed once. Commerce Secretary Howard Lutnick told reporters that the new fee would be charged annually, but other administration sources have said that the fee would only be a one time charge and would not apply to renewals, although that could change. Meanwhile, per the proclamation itself, the fee is set to expire after 1 year, although many expect it to be renewed next year. As with many moves by the administration, many are also questioning whether the president has the legal authority to implement such a substantial price increase as Congress has only authorized the administration to set fees to recover the cost of application adjudication.