Quan Law Immigration Year in Review 2023
As we close the book on 2023, it has been a trying year for immigration in the US. Let’s review the good and the bad of the past year.
Immigration Negatives
Immigration: Immigrant Visa Availability
Following the lifting of the prohibition on issuing immigrant visas for consular processing due to the COVID-19 pandemic, a significant backlog emerged in most immigrant visa categories. As consular posts and embassies gradually reopened and started scheduling appointments, an estimated backlog of 500,000 individuals began to process their immigrant visas. This resulted in the formation of waiting lines in the U.S. For the past three years, all employment-based categories remained readily accessible.
Recently, a noticeable delay has emerged in almost all categories, including EB1, with a particularly pronounced delay in the Other Worker (EW) category. In the family-based visa category, spouses and minor children of green card holders are now experiencing a backlog of up to four years.
Labor certification
Amid a nationwide shortage of approximately 10 million workers, the Department of Labor is experiencing delays in processing both prevailing wage determinations (PWD) and labor certification applications. The process, previously completed within a year, now extends to durations of 24-30 months.
Processing of applications by USCIS
Additional funding has been allocated for reducing backlogs. Despite this, the processing times for relative petitions (I-130), work permits (I-765), travel permits (I-131), non-immigrant worker visas (I-129), and asylum applications (I-589) still span several months to years.
Immigration Positives
Naturalization Processes (N-400): Prioritizing these applications, all USCIS offices now process them within six months. Some cases scheduled in less than three months.
Interview Waivers: Under the Biden Administration, there’s a reinstatement of the policy allowing USCIS to waive interviews for parents, employment-based applicants, and in some instances, even marriage cases. This shift enables officers to focus on more complex cases.
Immigration Courts: The Supreme Court has affirmed DHS Secretary Mayorkas’ authority to set enforcement priorities. This ruling enables Immigration and Customs Enforcement (ICE) to decide which of the 2 million pending removal proceeding cases to pursue and which ones to potentially dismiss using Prosecutorial Discretion (PD) for individuals who pose no societal threat and have minimal criminal records in the U.S. As a result, officials have dismissed many cases.
Temporary Protected Status (TPS): The Biden Administration has extended TPS to several countries facing internal challenges. These countries include El Salvador, Haiti, and Venezuela.
Congressional Inaction: Despite the urgent need for legal immigration reforms, Congress remains preoccupied with border entry issues rather than passing substantial immigration reforms.
Public Perception of Immigrants: Politicians continue to portray immigrants as burdens and threats, particularly in Texas and across America. This overlooks the essential need for more immigrants in the country.
Quan Law Awards & Achievements
Despite a challenging year for Immigration, Quan Law is pleased to have won several awards:
Lawyer of the Year 2023: Our managing partner and co-founder Jarred Slater won Lawyer of the Year
Best Lawyers 2023: Gordon Quan, JJ Slater, Kristen Hammill, Matthew Thompson, Kathryn Karam, Merina Shakya
Ones to Watch 2023: Merina Shakya
2023 Diversity Award Houston Business Journal
2023 QLG named in largest Houston Area Law Firms list
Gordon Quan named Top 10 Most Influential Immigration Lawyers Revolutionizing USA’s Nationwide Policies by Business Today News.
Questions regarding your immigration case? Schedule a consultation with Quan Law Group here:
