Shepelsky Law’s Immigration Newsletter for the Week of March 6th, 2023: O-1 Visas, Immigration Backlogs, and Resettlement Plans
🌍🌏 Talent Extraordinary Green Cards and Visas 👨👩👧👦🌎
An O-1 Visa is normally granted to a non-immigrant temporary worker who demonstrates great abilities in certain areas, including science, technology, performing arts, sports, and a number of other types of professions as well. To be eligible for an O-1 visa, a person must be coming to the United States temporarily with the intention of pursuing work in their field of extraordinary ability. That person must have demonstrated extraordinary ability through sustained national or international acclaim, a history of extraordinary achievement in the film and television industry, or both.
According to the United States Citizenship and Immigration Services (USCIS), to apply for an O-1 Visa, the form should be submitted on your behalf by a U.S. employer or agent in accordance with the valid instructions. It is recommended that Form I-129 be submitted by the set employer or agent at least 45 days before the start of the job to prevent delays. In addition, the form cannot be submitted over a year before the non-immigrant services must actually begin. Initially, the talent extraordinary visa is eligible for a period of three years and has the potential to be extended, if necessary, based on the set person’s activity. To extend the time period of their stay, the employer or agent of the nonimmigrant worker must file for additional forms and applications, including Form I-129, petition for a nonimmigrant worker, a copy of your Form I-94, arrival and departure record, and a statement explaining the reasons for the extension.
👨⚖️📈 2018 Official Research Study 📉🕰️
More people are immigrants in the United States than in any other nation worldwide. This nation holds a number greater than forty million Americans who were initially born outside of the United States. In addition, the immigrant community throughout the U.S. is extremely diversified, with people coming from almost every nation globally. Quite frequently, there are official research studies done to calculate the number of foreign-born nationals living among the United States immigrant population.
In the year 2018, a record-breaking 44.8 million people who now live in the United States were born abroad. This is a number of more than double the population since 1965, when U.S. immigration rules took the role of a national quota system. According to analyzed data and research, most immigrants who live in the United States are here lawfully, but almost a quarter remain unauthorized and lack proper documentation. Based on detailed data, around that time period, the United States was made up of approximately thirty-five million lawful immigrants, twelve million lawful residents, ten million unlawful immigrants, and two million temporary lawful residents.
However, not every permanent resident opts to become a citizen of the United States. After fulfilling certain qualifications, such as having resided in the United States for five years, those who desire to do so may submit an application. However, some may decide not to for a number of reasons, including language barriers, financial obstacles, family obligations, and even a lack of enthusiasm.
📝👨💼 New York Mayor Plans to Resettle Asylum Seekers 👩💻🕵️♂️
According to recent plans made by Eric Adams, the mayor of New York City, the government will inform more immigrants about available relocation options and collaborate with national NGOs to select communities around the nation that would be friendly to them. The name of the plan is “The Road Forward” and the intention for its establishment is to inform more migrants about available relocation options and collaborate with national organizations to identify friendly communities around the nation where they may relocate. The state’s Office of Temporary and Disability Assistance will also manage a $25 million program to assist migratory families in finding new homes in other communities around New York.
As Mayor Eric Adams has suggested, many cities across the state and country are willing to help with what they identify as a national conflict. Migrants will have the chance to settle in Sullivan County through a different program run by the State University of New York, where they will take part in a workforce training pilot program and be able to receive a certification or degree.
Although their plans have been summarized to the public, the mayor of New York has left out many details. For instance, the mayor said he did not want to disclose the identities of partner communities who are preparing to accept additional refugees out of concern that doing so might damage existing relationships. Overall, these plans will have the ability to assist asylum seekers with safer routes to protection, as well as safer shelters.
👨💼💼 Immigration Judges Struggle to Keep Up With Case Backlogs 📝 🏙️
In recent times, the United States Justice Department has been hiring more judges than ever before, but the number of pending cases stuck in the backlog remains extremely high at approximately twenty million. Although federal immigration judges are working swiftly to finish cases at a quick rate, the years-long backlog continues to grow.
Government records gathered by Syracuse University’s Transactional Records Access Clearinghouse, also recognized as TRAC, show that there are currently over two million active cases with a number of about 600 immigration-court judges on duty. They are the ones responsible for deciding whether to grant asylum claims or whether to deport these immigrants who were found to be residing in the United States without authorization. As the Biden administration begins to alter how the government handles migrants who cross the border unlawfully and makes adjustments to immigration courts, judges are processing cases more rapidly. This process has become a lot faster because the government has sought to expedite the asylum application process, appointed additional judges, and established a specific method for cases involving recently arrived asylum seekers that may be concluded in less than a year.
Over the last couple of years, the agency has made numerous alterations to attempt to reduce the number of case backlogs, and even though immigration judges are moving quicker than before, backlogs remain to be a major issue. 🏠🛡️