On February 28, 2023, President Joe Biden nominated<\/a> current Deputy Secretary Julie Su for the position of Secretary of Labor. If confirmed, Su would replace Marty Walsh, who will lead the National Hockey League Players union.<\/p>\n\n\n\n Before moving to Washington, Su served seven years as California\u2019s Secretary of Labor. She enjoys strong support from unions and worker groups. However, during her California tenure, she was criticized for problems with the unemployment compensation program during the height of the COVID-19 pandemic. Businesses also expressed concern with her implementation of California\u2019s gig worker policy.<\/p>\n\n\n\n The Senate HELP Committee will soon hold a hearing on Su\u2019s nomination; Republican opposition is expected. TechServe\u2019s Government Affairs Team will continue to follow developments.<\/p>\n\n\n\n The United States Citizenship and Immigration Services (USCIS), on February 14, 2023, updated its\u00a0policy manual\u00a0to prevent many dependents of H-1B visa beneficiaries from \u201caging out\u201d in their quest for a green card through their parents\u2019 adjustment of status application. Dependents of non-immigrant visa holders, sometimes referred to as \u201cDocumented Dreamers,\u201d age out at 21 and may be disadvantaged in the process based on which State Department Visa Chart USCIS uses to establish eligibility.<\/p>\n\n\n\n As of February 14, 2023, USCIS announced it would use the \u201cDates for Filing\u201d chart instead of the \u201cFinal Action Date\u201d chart to determine adjudication status. Uncertainty resulted because neither the statute nor regulations define when a visa becomes available for purposes of the Child Status Protection Act (CSPA) age calculation. Furthermore, there are no precedent federal court decisions nor published administrative decisions on the issue.<\/p>\n\n\n\n This incremental change is significant because company mission-critical H-1B visa workers may choose to leave the country if their aged-out children are forced to self-deport.<\/p>\n\n\n\n Responding to impacted constituents and businesses, Congresswomen Deborah Ross<\/a> (D-NC) and Ami Bera (D-CA) authored a June 2021 letter<\/a> to USCIS signed by 35 colleagues urging agency action to protect \u201cDocumented Dreamers.\u201d In addition, the House of Representatives in July 2022 passed a bipartisan amendment<\/a> to add several provisions protecting these children to the National Defense Authorization Act. The effort, led by Representatives Ross, Zoe Lofgren (D-CA), and Mariannette Miller-Meeks (R-IA), hit a roadblock in the Senate and was not included in the final legislation.<\/p>\n\n\n\n Representative Ross, who serves on the House Judiciary Immigration Subcommittee<\/a>, commented on USCIS\u2019s policy manual update:<\/p>\n\n\n\n \u201cI am grateful that USCIS has taken action to protect some of the 200,000 Documented Dreamers who call the United States home,\u201d said Congresswoman Ross<\/a>. <\/strong>\u201cThis is an important step forward that will protect many individuals who contribute to our country and economy every single day, but we cannot stop here. We must pass my bipartisan America\u2019s CHILDREN Act to provide a pathway to citizenship for these inspiring young people and finally give them the certainty they deserve. I will not stop fighting for a solution.\u201d<\/p>\n<\/blockquote>\n\n\n\n The USCIS policy manual change will not shield all children from aging out; a change in regulations or law is needed. The Department of Homeland Security projects a Notice of Proposed Rulemaking as early as July 2023 on \u201cImproving the Regulations Governing the Adjustment of Status to Lawful Permanent Residence and Related Immigration Benefits<\/a>.\u201d This NPRM would propose adjustments in the age calculation under the CSPA and several other changes.<\/p>\n\n\n\n In addition to a possible regulatory solution, Representative Ross will likely reintroduce America\u2019s CHILDEN Act<\/a>. During the 117th<\/sup> Congress, Representatives Ross, Raja Krishnamoorthi (D-IL) and Young Kim (R-CA) introduced the bill, H.R. 4331<\/a>; Senators Alex Padilla (D-CA) and Rand Paul (R-KY) sponsored its companion, S. 2753<\/a>. Provisions would:<\/p>\n\n\n\n The following article provides additional information on the USCIS policy manual changes:<\/p>\n\n\n\nUSCIS Updates Policy Manual on \u201cAge-Out\u201d Calculation to Benefit Some H-1B Dependents<\/h3>\n\n\n\n
Regulatory Change and Legislation Could Provide Broader, Permanent Fix<\/strong><\/h5>\n\n\n\n
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Next Steps: Regulatory or Legislative Action<\/strong><\/h5>\n\n\n\n
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