GT Immigration Policy Briefings Week of April 17, 2023
Tuesday, April 25, 2023
Immigration Policy Updates from Congress and Government

Legislative Update

  • On April 18, Sen. Bob Menendez (D-NJ) introduced his outline for border security and immigration reform, which has four pillars: create new and expand existing legal pathways to immigrate to the United States; increase resources at the border to process asylum seekers and carry out removal; expand humanitarian assistance to countries in Latin America; and elevate efforts to counter human trafficking and smuggling.
  • The House continued to mark up its Border Bill in the House Judiciary Committee, but no bill has come out of committee yet.

USCIS Extends Temporary Suspension of Biometrics Requirement for Certain I-539 Applicants

  • USCIS continued its suspension of the biometrics requirement for those filing I-539 applications for extensions of or change of status to H-4, L-2 or E status.
  • The suspension is extended from May 17, 2023, to Sept. 30, 2023. USCIS also said it plans to permanently exempt all I-539 applicants from the biometrics requirement “in the coming months.”

General Motors’ Export Compliance Assessments Trigger Investigation, Settlement with IER

  • DOJ reached a settlement with General Motors regarding its allegations that GM unlawfully discriminated against non-U.S. citizens with its export compliance assessment processes.
  • The DOJ’s Civil Rights Division, Immigrant and Employee Rights Section (IER) investigation determined that GM unnecessarily required lawful permanent residents to provide unexpired foreign passports as a condition of employment. It also found that GM combined its I-9 and export compliance assessment processes, resulting in GM requiring newly hired non-U.S. citizens to provide specific and unnecessary documents to prove their permission to work.
  • The settlement is a good reminder that adherence to export control laws and regulations do not exempt employers from anti-discrimination requirements. It’s also important to ensure that an employer does not forget the anti-discrimination provisions in its pursuit of efficiency in the onboarding process.
  • IER reminds employers of their obligations in the context of export control laws and regulations with this worksheet.