Episode 60: DACA, fee hikes and immigration benefits of citizenship

It’s Feb. 8, and this is your BAL Immigration Report.

• The business community shows support for DACA.
• BAL provides analysis on how immigration filing fees will impact U.S. companies.
• Why it may be a good idea for some U.S. residents to think about applying for citizenship.

“The reason why I would say that somebody should apply for citizenship this year is the right to vote is so important.”

—Tiffany Lam-Bentley, BAL Senior Associate

U.S. News

Companies file brief in support of DACA

BAL joined more than 50 top U.S. companies in signing a friend-of-the-court brief in support of protecting Deferred Action for Childhood Arrivals, or DACA. The brief was filed in the Fifth Circuit Court of Appeals in ongoing litigation challenging DACA.

Proponents assert that DACA is a transformative policy, contributing an estimated $13.3 billion to the U.S. economy each year. The brief highlights the support the business community has for DACA and the crucial role Dreamers play in the U.S. economy. “With unemployment at low levels and worker shortages plaguing many sectors of the economy, the contributions of Dreamers are more important than ever,” the brief said.

The Fifth Circuit is hearing the case after a federal judge in Texas ruled that a Biden administration regulation to protect DACA is unlawful.

Impact analysis of new immigration filing fees

With new immigration filing fees set to take effect April 1, the BAL Government Strategies team has provided new analysis on how the increases will affect U.S. companies.

Under a final rule published last week, the fee for an H-1B petition will increase to $780, and the fee for an L-1 intracompany transfer petition will increase to $1,385. The Government Strategies analysis shows a typical small- or medium-sized company may see the amount they spend on fees more than double.BAL is hosting a webinar on the fee increases and changes to the H-1B lottery on Feb. 28. BAL experts will provide background on USCIS funding, information about the final fee levels and updates on how the fee and H-1B rules will affect H-1B cap season. For more information or to register for the event, look for the link in our show notes or visit BAL.com/events.

U.S. news roundup

• The U.S. Mission in India processed more visas in 2023 than in any other year, according to an embassy announcement.
• The Department of Homeland Security said a new “AI corps” would focus on delivering improved immigration services, among other priorities.
• The U.S. Senate voted down a border security bill that included provisions to help reduce backlogs and speed up work authorization.

Spotlight

Conversation with Tiffany Lam-Bentley, BAL senior associate: The immigration benefits of citizenship and why 2024 may be a good year to apply for naturalization.

BAL Immigration Report: We were joined this week by Tiffany Lam-Bentley, a senior associate in BAL’s Dallas office who is active in the firm’s pro bono efforts. BAL’s pro bono and volunteer work is wide-ranging, but Lam-Bentley says citizenship has become one primary focus.

Lam-Bentley: All over the firm throughout the United States, periodically our different offices do coordinate with local organizations, such as Proyecto Inmigrante and Catholic Charities, in assisting with their citizen workshops. But specifically one of the significant initiatives that BAL does for citizenship is, throughout the year, we have two big six-week citizenship courses for local community members to really get hands-on learning to prepare for citizenship. That’s the six-week course. It covers civics and U.S. history; it helps with their English reading, writing, comprehension and speaking skills.

So throughout the six weeks, they have a textbook that they are going through with BAL teachers. These are BAL employees who are volunteering their time for several hours every week to teach these students U.S. civics, U.S. history and working with them to get better familiarity and confidence in those English speaking, reading, writing and comprehension skills so that they feel fully prepared in a really well-rounded way for citizenship.

BAL: Lam-Bentley says that at the end of these citizenship programs, BAL hosts its own citizenship workshops to prepare the actual applications. She says the most common reasons she hears for applying for citizenship are to be able to vote or for family reasons, but there are also immigration benefits.

Lam-Bentley: One of the biggest immigration benefits of citizenship compared to permanent residency is the ease of travel. And the irony of it is that permanent residents tend to be very aware of the requirements of being here in the U.S., how much they need to stay to make sure that they are showing roots and ties to the U.S., that they really want to be a permanent resident and make the United States their permanent home. But what these foreign nationals don’t realize is that by being a U.S. citizen, all of those requirements, all of those specific things that they just have to keep remembering as a permanent resident, disappear as a U.S. citizen. There’s so much more ease of travel as a U.S. citizen that they don’t need to prove potentially every time to Customs and Border Patrol that they intend to make the United States their home. Being a U.S. citizen and having a U.S. passport opens so many doors that the visa requirements for other countries essentially disappear. There’s so many advantages that people just don’t realize when it comes to travel and the ease of travel when you’re a U.S. citizen.

BAL: We asked Lam-Bentley why some people might be hesitant to apply.

Lam-Bentley: Really the fear of the unknown. One of the big things that we found to be really helpful in having the citizenship classes is the direct relationship that we have with the students and really knowing what they’re experiencing, what they’re concerned about, what they’re worried about concerning their future citizenship application. There have been applicants who specifically said to me they didn’t want to apply because they were worried that their English speaking and reading and writing skills just weren’t up to snuff. Nobody was able to tell them until that point, until BAL helped them, that they were perfectly fine, that they were going to be able to make it. Also, there’s sections of the form that will indicate if you’ve been a permanent resident for a certain period of time, if you’re a certain age that you might not have to study all 100 questions of the citizenship test, that you might only have to study 20 of them. Or you may be able to take the citizenship test in your in your home language, but foreign nationals just don’t realize these things until they talk to somebody that’s familiar with the process

BAL: Often, it’s helpful for applicants to hear from people who have already been through the process.

Lam-Bentley: I had an opportunity where a student who just completed his ceremony came back to speak to the class, and we took a picture with him and his certificate. And I think he really motivated people to continue to keep going in the class and really try for citizenship.

BAL: While some potential applicants may be hesitant, Lam-Bentley stressed that they can often overcome hurdles to citizenship. And she said 2024 is as good a time as any to apply.

Lam-Bentley: The reason why I would say that somebody should apply for citizenship this year is the right to vote is so important. There are so many countries out there that don’t give their citizens that opportunity to really speak to their government, to tell the government what your values are and what’s important to you. Regardless of what political affiliation it is that you have, being able to vote tells your government, “I want you to focus on this. I want you to focus on this aspect of government. This is what’s important to me, and this is what I think the government should do.” And so by becoming a citizen, you are able to have that voice to the government.

Global news

Japan introduces digital nomad visa

In Japan, the government announced it will launch a digital nomad visa in March. The new visa will be available to foreign nationals from 49 countries, including the entire EU, Australia, Singapore, South Korea, the U.K. and the U.S., according to press reports.

To qualify, remote workers must have an annual income of at least 10 million Japanese yen and private health insurance. The digital nomad visa will be valid for six months and will allow visa holders to bring their spouse and children.

U.K. expands ETA program

The United Kingdom has expanded its Electronic Travel Authorization, or ETA, program to six more countries. Citizens of Bahrain, Jordan, Kuwait, Oman, Saudi Arabia and the United Arab Emirates are now able to apply for an ETA through the U.K. app. Nationals of these countries traveling to the U.K. on or after Feb. 22 must have an ETA to enter the country.

The program launched in October for Qatari nationals. By the end of 2024, U.K. authorities will require all visitors who don’t need a short-stay visa to obtain an ETA.

Global news roundup

• Brazil announced a 7% increase to the minimum wage.
• Germany waived a key resident permit requirement for Israeli nationals.
• The Philippines suspended a medical clearance requirement for nationals of 53 countries.

Follow us on X, and sign up for daily immigration updates. We’ll be back next week with more news from the world of corporate immigration.

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