August 2022 DOL PERM and PWD Processing Times
As of August 31, 2022, the Department of Labor (DOL) was conducting analyst review for PERM applications filed in January 2022 or earlier, and processing audited cases with priority dates of November 2021 or earlier. DOL is working on standard…
DHS Public Charge Rule Reaffirms Longstanding Policy, But Adjustment Applicants Will Be Required to Provide Further Information About Financial Status
The Department of Homeland Security’s new public charge final rule takes effect on December 23, 2022. It largely codifies a longstanding policy on the public charge ground of inadmissibility. The rule would deem a foreign national ineligible to receive a…
October 2022 Visa Bulletin – Significant Retrogression in EB-2 India, and Modest Advancement in EB-2 China and EB-3 China and India; USCIS Will Accept Employment-Based Adjustment Applications Based on Dates for Filing
USCIS has announced that it will accept employment-based adjustment of status applications with priority dates that are earlier than the Dates for Filing listed in the Department of State’s October Visa Bulletin. The EB-2 India Date for Filing will retrogress…
DHS Issues Final DACA Regulation, But Court Challenges Are Possible
The final regulation is intended to reinstate the DACA program largely unchanged in the wake of its invalidation by a federal court last year. The rule is scheduled to be published on August 30 and to take effect on October…
H-1B Cap Is Reached for FY 2023
USCIS announced that it has received enough H-1B cap petitions to fill the 85,000 slots available for the coming fiscal year, which begins October 1. In March of this year, USCIS selected 127,600 cap registrations to meet the quota, or…
DHS Proposes Authority to Permit Alternatives to In-Person Inspection of I-9 Documents
If the proposed rule becomes final, the Department of Homeland Security (DHS) would have ongoing authority to permit alternatives to in-person examination of Form I-9 employment eligibility verification documents at its discretion. The proposal stops short of seeking direct, permanent…
OMB Clears Review of DHS/USICE Proposal to Provide Alternative to Physical Examination Associated with Form I-9 Verification
The Office of Management and Budget (OMB) has completed review of a Department of Homeland Security (DHS)/U.S. Immigration and Customs Enforcement (ICE) proposed regulation entitled, “Optional Alternative to the Physical Examination Associated With Employment Eligibility Verification (Form I-9).” The proposal has been under…
September 2022 Visa Bulletin – EB-5 China Advances, Other Employment-Based Categories Hold Steady
The EB-5 Final Action date for China Unreserved categories will advance one month to December 22, 2015. The remaining Final Action Dates for employment-based categories will remain unchanged from the previous month. On the Dates for Filing chart, EB-5 China…
September 2022 Visa Bulletin Update – USCIS to Honor Final Action Dates for Employment-Based Categories
Next month, USCIS will accept employment-based adjustment of status applications from foreign nationals with a priority date that is earlier than the Final Action Dates listed in the State Department’s September 2022 Visa Bulletin. Employment-Based Priority Date Cutoffs for September…
July 2022 DOL PERM and PWD Processing Times
As of July 31, 2022, the Department of Labor (DOL) was conducting analyst review for PERM applications filed in December 2021 or earlier, and processing audited cases with priority dates of October 2021 or earlier. DOL is working on standard…
DHS Extends and Redesignates Syria for Temporary Protected States; Expands Employment Options for Syrian F-1 Students
The Department of Homeland Security has extended and redesignated Syria for Temporary Protected Status (TPS), from October 1, 2022 through March 31, 2024. The initial registration period for new TPS applicants will run from August 1, 2022 to March 31, 2024.…
USCIS Extends COVID-19 Accommodations on RFEs, NOIDs, Appeals, and Other Responses Through October 23, 2022; Makes COVID-Era Signature Policy Permanent
Due to the continuing COVID-19 emergency, USCIS is extending its deadline extension policy through October 23, 2022. Petitioners and applicants will continue to have an additional 60 days to respond to requests for evidence, notices of intent to deny or…
USCIS Modestly Expands Eligibility for Premium Processing Upgrades of EB-1 Multinational Manager and EB-2 National Interest Waiver I-140 Petitions
Beginning August 1, USCIS will accept Form I-907 Premium Processing upgrade requests for pending EB-1 Multinational Manager Form I-140 petitions that were filed on or before July 1, 2021, and pending EB-2 National Interest Waiver (NIW) I-140 petitions that were…
June 2022 DOL PERM and PWD Processing Times
As of June 30, 2022, the Department of Labor (DOL) was conducting analyst review for PERM applications filed in December 2021 or earlier, and processing audited cases with priority dates of September 2021 or earlier. DOL is working on standard…
August 2022 Visa Bulletin Update – USCIS to Honor Final Action Dates for Employment-Based Categories
Next month, USCIS will accept employment-based adjustment of status applications from foreign nationals with a priority date that is earlier than the Final Action Dates listed in the State Department’s August 2022 Visa Bulletin. Employment-Based Priority Date Cutoffs for August…
DHS to Extend TPS for Venezuela
The Department of Homeland is extending Temporary Protected Status for Venezuela by 18 months, through March 10, 2024. Venezuelan TPS beneficiaries will be required to re-register to extend their benefits. The issue The Department of Homeland Security (DHS) has announced an 18-month…
August 2022 Visa Bulletin – Modest Advancement in EB-3 India and China
The EB-3 Final Action dates for India and China will each advance one month, to February 15, 2012, and April 22, 2018, respectively. The EB-2 Final Action Dates for India and China will remain unchanged from the previous month. EB-1…
USCIS Ombudsman Highlights Agency Backlogs and Funding Challenges in Annual Report to Congress
The USCIS Ombudsman’s Annual Report describes USCIS’s increasingly severe application backlogs and emphasizes the need for congressional appropriations and increased application fees in order to improve the agency’s operations. As of April 2022, USCIS had 8.5 million pending applications for…
Immigration Agencies Announce Their Spring 2022 Regulatory Plans
The Department of Homeland Security (DHS) continues to support a proposed rule to amend aspects of the H-1B program, including a redefinition of the employer-employee relationship and clarification of petition amendment requirements, particularly in changes of work location. The Department…
Biden Administration to Suspend COVID Testing Requirement for International Travelers
Beginning Sunday, June 12, international air travelers will no longer be required to show a negative COVID test result to board flights to the United States, Biden Administration officials have indicated. Nonimmigrant travelers remain subject to U.S. COVID vaccination requirements,…
July 2022 Visa Bulletin – Advancement in EB-2 India and China
The EB-2 India Final Action date will advance by three months, to December 1, 2014. The EB-2 China Final Action date will advance by one month, to April 1, 2019. EB-1 will remain current for all countries. EB-2 and EB-3…
May 2022 DOL PERM and PWD Processing Times
As of May 31, 2022, the Department of Labor (DOL) was conducting analyst review for PERM applications filed in November 2021 or earlier, and processing audited cases with priority dates of September 2021 or earlier. DOL is working on standard…
DHS Designates Cameroon for TPS, Expands Employment Options for Cameroonian Students
Secretary of Homeland Security Alejandro N. Mayorkas has designated Cameroon for Temporary Protected Status (TPS) for 18 months, from June 7, 2022 through December 7, 2023. The registration period for eligible individuals to submit TPS applications will run for that same…
Cap Reached for Additional H-2B Returning Worker Visas for Second Half of FY 2022
USCIS has received enough petitions to reach the cap for the additional 23,500 H-2B visas recently made available to returning workers. As the number of petitions received in the first five business days of the filing period exceeded the 23,500…
Premium Processing Upgrades for Pending EB-1 Multinational Manager and EB-2 National Interest Waiver I-140 Petitions to Begin in June and July
Beginning June 1, USCIS will accept Form I-907 Premium Processing upgrade requests for pending EB-1 Multinational Manager Form I-140 petitions that were filed on or before January 1, 2021. Beginning July 1, USCIS will accept Form I-907 Premium Processing upgrade…