Immigration Update – April 24, 2023
Headlines: Form ETA-9089 Case Creation, Submission Available Soon in FLAG, OFLC Says – The Department of Labor’s Office of Foreign Labor Certification will begin accepting the revised Form ETA-9089, Application for Permanent Employment Certification, in the Foreign Labor Application Gateway (FLAG) system on May 16, 2023. Filers may begin creating and staging applications on April […]
Immigration Update – April 17, 2023
Headlines: Employers May File H-2B Petitions for Late Second Half of FY 2023 – U.S. Citizenship and Immigration Services has begun accepting petitions for workers for the late second half of fiscal year 2023—those requesting employment start dates from May 15, 2023, to September 30, 2023—under the H-2B supplemental cap temporary final rule. OFLC Reconsiders […]
Immigration Update – April 10, 2023
Headlines: DOS Publishes Notice on Ukrainian J-1 Student Relief – The Department of State is extending Special Student Relief to eligible Ukrainian students in the United States on J-1 visas “to help mitigate the adverse impact on them resulting from the full-scale Russian invasion of Ukraine that began on February 24, 2022.” USCIS Allows Additional […]
Immigration Update – April 4, 2023
Headlines: H-1B Electronic Registration Selection Process Completed – U.S. Citizenship and Immigration Services has received enough electronic registrations during the initial registration period to reach the fiscal year 2024 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap). USCIS Removes 60-Day Rule for Civil Surgeon Signatures on Form I-693 – U.S. Citizenship […]
Immigration Update – March 27, 2023
Headlines: April Visa Bulletin Shows Worldwide EB-4 Backlog of 5+ Years, EB-2 Retrogression – The EB-4 category, which includes special immigrant religious workers, now has a worldwide backlog of 5+ years. Also, the EB-2 final action dates for Rest of World, India, Mexico, and the Philippines have retrogressed several months to keep number use within […]
Immigration Update – March 20, 2023
Headlines: USCIS Issues Policy Alert on Evidence for Employers’ Ability to Pay Proffered Wage – U.S. Citizenship and Immigration Services has updated its guidance to discuss in more detail various types of evidence and explain how it reviews all evidence relevant to the employer’s financial strength and the significance of its business activities. LPRs May […]
Immigration Update – March 13, 2023
Headlines: USCIS Releases New Guidance, Resources for International Entrepreneurs – U.S. Citizenship and Immigration Services has issued comprehensive guidance on parole for international entrepreneurs, and new entrepreneur resources. DHS Extends and Redesignates Somalia for TPS, Announces Student Relief – The Department of Homeland Security (DHS) plans to publish a Federal Register notice extending and redesignating […]
Immigration Update – March 06, 2023
Headlines: USCIS Reaches H-2B Cap for Second Half of FY 2023, Announces Filing Dates for Supplemental Visas – U.S. Citizenship and Immigration Services (USCIS) has received enough petitions to meet the H-2B cap for the second half of FY 2023. USCIS also announced the filing dates for supplemental H-2B visas for the remainder of FY […]
Immigration Update – February 27, 2023
Headlines: Biden Administration Proposes Controversial Rule on ‘Temporary’ Measures to Limit Asylum at Southwest Border – The Biden administration issued a new proposed rule that it called “temporary,” which introduces a “rebuttable presumption of asylum ineligibility for certain noncitizens who neither avail themselves of a lawful, safe, and orderly pathway to the United States nor […]
Immigration Update – February 22, 2023
Headlines: March Visa Bulletin Includes Updates on Visa Availability in Coming Months – The Department of State’s Visa Bulletin for March 2023 includes updates on visa availability in various categories, including possible retrogressions in the coming months. E-Verify Recommends Timeframes to Resolve Certain Social Security Mismatches; Deadline is September 29, 2023 – E-Verify recommends that […]
Immigration Update – February 13, 2023
Headlines: State Dept. Plans Pilot to Allow Visa Renewals in United States for H and L Workers – The Department of State plans to launch a pilot program later this year to allow visa renewals in the United States for H and L nonimmigrant workers. 41K+ Individuals Denied Visas Under Trump-Era Travel Ban Can Reapply […]
Immigration Update – February 06, 2023
Headlines: USCIS Reaches Cap for H-2B Additional Returning Worker Visas for First Half of FY 2023 – U.S. Citizenship and Immigration Services has received enough petitions to reach the cap for the additional 18,216 H-2B visas made available for returning workers for the first half of fiscal year 2023 with start dates on or before […]
Immigration Update – January 30, 2023
Headlines: Initial Registration for FY 2024 H-1B Cap Opens March 1 – The initial registration period will run through noon ET on March 17, 2023. Certain Asylum Applicants Can Now Apply for Work Authorization Online – Applicants for employment authorization under category (c)(8), Pending Asylum and Withholding of Removal Applicants and Applicants for Pending Asylum […]
Immigration Update – January 23, 2023
Headlines: Visa Bulletin for February 2023 Includes Retrogressions in the Employment Third Preference ‘Other Workers’ Category, and ‘Certain Religious Workers’ Availability – The Department of State’s Visa Bulletin for February 2023 has been released. HHS Issues Poverty Guidelines for 2023 – The Department of Health and Human Services issued updated poverty income guidelines for 2023 […]
Immigration Update – January 17, 2023
Headlines: DHS Streamlines Deferred Action Process for Immigrant Workers Participating in Labor Enforcement Investigations – The Department of Homeland Security (DHS) announced on January 13, 2023, that noncitizen workers who are victims of or witnesses to a violation of labor rights can now access a streamlined and expedited deferred action request process. Premium Processing To […]
Immigration Update – January 09, 2023
Headlines: USCIS Issues Proposed Rule to Raise Fees and Fund Asylum Program With New $600 Employer Petition Fee – The Department of Homeland Security also proposes to fund the asylum program with a controversial new Asylum Program Fee of $600 to be paid by employers. DHS Implements New Processes for Cubans, Haitians, and Nicaraguans and […]
Immigration Update – January 03, 2023
Headlines: Supreme Court Extends Temporary Stay of ‘Title 42’ – The Court plans to consider in late February 2023 whether the 19 states objecting to Title 42 have legal standing to do so. Visa Bulletin for January 2023 Reports on Availability in the Employment First Category for China and India, Unavailability of Religious Workers Category […]
Immigration Update – December 27, 2022
Headlines: Chief Justice Roberts Issues Temporary Stay of ‘Title 42’; Thousands Wait in Mexico – Chief Justice Roberts of the U.S. Supreme Court ordered a temporary stay of Title 42 to allow the Supreme Court time to consider the issue. DHS Public Charge Ground of Inadmissibility Final Rule Effective December 23 – For public […]
Immigration Update – December 19, 2022
Headlines: USCIS Increases H-2B Nonimmigrant Visa Availability – A new rule increases the total number of noncitizens who may receive an H-2B nonimmigrant visa by up to 64,716 for fiscal year 2023. DHS Issues Update on Southwest Border Security and Preparedness Under Court-Ordered Lifting of ‘Title 42’; Termination of ‘Remain in Mexico’ Program Paused – […]
Immigration Update – December 12, 2022
Headlines: USCIS Announces ‘Important’ H-2B Supplemental Cap Petition Filing Updates Before Publication of Temporary Final Rule – In response to a federal court order, the Department of Labor’s (DOL) Office of Foreign Labor Certification plans to rescind H-2B registration requirements and propose conforming edits throughout its H-2B regulations. In the interim, DOL said it will […]
