In 1952, the Immigration and Nationality Act authorized a new nonimmigrant visa category:the H-2 category. The H-2 category was then further split into two sub-categories: H-2B and H-2A. They are both visa categories that allow a qualified U.S. employer or agent to bring in a foreign worker; however, the difference is that the H-2A category is for agricultural work while the H-2B category is for non-agricultural work. In today’s blog, we are going to focus on the H-2B category.

With Covid-19 spreading across the country, immigrants held in detention centers run the risk of contracting the virus at extraordinarily high rates. There are reports of mass mismanagement regarding Covid protocols within these detention centers. One notable case is in Arkansas, where a doctor working at Washington County Detention Center treated COVID-19-positive people with ivermectin without their knowledge. This kind of behavior exemplifies the long history of abuse, a history that justifies widespread mistrust of staff and medical professionals working in the detention centers.

IIRIRA was passed in the wake of an increase in unfavorable immigrant sentiment, a time when 63% of Americans believed that immigrants were a burden because they took jobs, housing, and health care. This belief was centered around the idea that undocumented immigrants should not have access to social services, from basic health care to education. Many Americans incorrectly assumed that undocumented immigrants do not pay taxes yet they had access social services that were funded by American tax dollars.

Recently, the Supreme Court accepted arguments in a case regarding whether immigrants who have previously been ordered removed should be eligible to post bail after six months of detention. Many immigrants who have been given deportations at the border but subsequently enter the U.S., are still entitled to apply for withholding of removal if they fear returning to their home country. Their withholding of removal claims could be pending in immigration court for years.   These immigrants may be detained without the right to request a bail hearing while fighting deportation. American citizens have a right to a bail hearing when they are detained and waiting for a hearing on a criminal matter.  Should the same right be extended to noncitizens?

Do you need to leave the U.S. to process your immigrant visa and are unsure how to proceed? If you did not make a legal entry into the US, even if you are married to  a US citizen, you may still need to exit the country to pursue your legal resident status. If you have resided unlawfully for over six months, you may need a waiver of your unlawful presence. To apply for a waiver of unlawful presence before you exit the US, you will need to use form I-601A.  Here is a rundown of the main things to know about the I-601A waiver which could be a potential solution for you.

Although the status of the Build Back Better Act (the “Act”) is still uncertain, the proposed changes regarding immigration are favorable to immigration advocates. The Act proposes to increase funding for USCIS to process the current backlog, increase eligibility categories and change some of the requirements for lawful permanent residence status.