858.642.0420
Client Login

IMMIGRATION UPDATE 9.28.2022

Field of bamboo trees with walkway

IMMIGRATION UPDATE 9.28.2022

IMMIGRATION UPDATE – September 28, 2022

HEADLINES

COVID-Related Restrictions Expected to Ease at Canadian Border – According to unofficial reports, by the end of September, Canada may drop its COVID-19 vaccine requirement for travelers entering Canada from the United States via the Detroit-Windsor border. Canada may also end COVID-19 for airport arrivals and no longer require filling out the ArriveCan app.

DHS Publishes Final Rule Implementing Court’s Vacatur of Two Rules on Asylum Applications, Interviews, and Work Authorization – The court decision requires U.S. Citizenship and Immigration Services to process all initial employment authorization document applications from asylum applicants within 30 days.

DOJ Secures Settlements With Four Companies for Discriminatory Job Advertising on College Recruiting Platforms – DOJ said that during its investigation, the agency learned about dozens of “facially discriminatory advertisements employers posted on Georgia Tech’s job recruiting platform as well as other platforms operated by colleges across the United States.”

USCIS Is Reviewing Policy Changes Related to Military Naturalization – USCIS will soon provide guidance and instructions for Calixto class members who may be eligible to apply for military naturalization.

Congress Passes Bill to Conduct Employment-Related Study of Foreign-Credentialed Immigrants and Refugees – Congress passed the “Bridging the Gap for New Americans Act” (S. 3157) to require the Department of Labor to submit to Congress a study on the factors affecting employment opportunities for certain individuals with professional credentials obtained in a non-U.S. country, specifically individuals who are lawfully present noncitizens or naturalized U.S. citizens. The study will include policy recommendations for better enabling such individuals to obtain skill-appropriate employment in the United States.

Indian Green Card Seekers Ask Court to End Federal Policy Placing Applications in ‘Legal Limbo’ – Plaintiffs argue that U.S. Citizenship and Immigration Services’ and the Department of State’s requirement that a visa must be available at both the time of filing and of approval of the application is wrong.

USCIS Implements Next Phase of Premium Processing for Certain Previously Filed EB-1 and EB-2 Immigrant Petitions – This premium processing expansion only applies to certain previously filed Form I-140 petitions under an E13 multinational executive and manager classification or E21 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver.

USCIS Reaches H-2B Cap for First Half of FY 2023 – U.S. Citizenship and Immigration Services announced that it has received enough petitions to reach the congressionally mandated cap on H-2B visas for temporary nonagricultural workers for the first half of fiscal year 2023.

Witnesses Testify at Senate Hearing on Importance of Immigrant Workers to U.S. Health Care System – One witness urged Congress to pass two pending bills: the Conrad State 30 and Physician Access Reauthorization Act, S. 1810 (H.R. 3541), and the Healthcare Workforce Resilience Act, S. 1024 (H.R. 2255).

Visa Bulletin for October Includes Several Retrogressions, Other Updates – The Department of State’s Visa Bulletin for October 2022 includes several updates, including retrogressions in the China-mainland born EB-5 unreserved categories and in the India employment second preference (E2) final action and application filing dates.

DHS Issues Final Rule on Public Charge Ground of Inadmissibility – DHS “will not penalize individuals for choosing to access the health benefits and other supplemental government services available to them.”

USCIS Releases Revised Forms I-589 and I-765 – U.S. Citizenship and Immigration Services is releasing revised editions of Form I-589, Application for Asylum and for Withholding of Removal, and Form I-765, Application for Employment Authorization.

DHS Announces Extension and Re-Registration Process for Current Venezuela TPS Beneficiaries, Special Student Relief – The Department of Homeland Security has taken several actions to provide relief for Venezuelans in the United States.

USCIS Releases FY 2023 Employment-Based Adjustment of Status FAQs – U.S. Citizenship and Immigration Services released updated fiscal year 2023 frequently asked questions on employment-based adjustment of status.

ETA Requests Comments on Proposed Revisions to Prevailing Wage Determination Application Forms – The Department of Labor’s Employment and Training Administration is requesting comments by October 11, 2022, on proposed revisions to the ETA-9141 and ETA-9165 forms.

Arlington Immigration Court Relocating to Annandale; EOIR to Open Court in Sterling – The Executive Office for Immigration Review announced several immigration court developments.

USCIS Announces Push to Use as Many Employment-Based Green Cards as Possible by September 30 – The overall employment-based annual limit for immigrant visas in FY 2022 is approximately twice as high as usual, primarily due to consular closures abroad during the COVID-19 pandemic. U.S. Citizenship and Immigration Services said it is “dedicated to ensuring we use as many available employment-based visas as possible in FY 2022,” which ends on September 30, 2022.

DHS Implements, Expands Work Authorization for Liberian DED – The Department of Homeland Security is providing employment authorization, including procedures for obtaining related documentation, for covered individuals effective June 27, 2022, through June 30, 2024.

USCIS Updates Guidance on Religious Workers – For both special immigrant and R-1 nonimmigrant religious worker petitions, the update clarifies the circumstances under which certain related petitioners may meet compensation requirements even if the attesting employer will not directly compensate the religious worker.

USCIS Resumes Cuban Parole Program Operations – U.S. Citizenship and Immigration Services is resuming operations under the Cuban Family Reunification Parole program, beginning with pending applications.

OFLC Receives Labor Dept. Award to Modernize Permanent Labor Certification Program – The Department of Labor’s (DOL) Office of Foreign Labor Certification was awarded a $7.2 million investment from the DOL’s Technology Modernization Fund.

ABIL Global: Colombia – There is a new regime for visa procedures and processing.

DETAILS

COVID-Related Restrictions Expected to Ease at Canadian Border

According to unofficial reports, by the end of September, Canada may drop its COVID-19 vaccine requirement for travelers entering Canada from the United States via the Detroit-Windsor border. That border crossing handles more than 40,000 travelers each day, including commuters, truck drivers, and tourists. Canada may also end COVID-19 vaccine requirements for airport arrivals and no longer require filling out the ArriveCan app. Currently, all travelers in Canada must be fully vaccinated to travel by most air, rail, or passenger vessels. In addition, some provinces or individual businesses may continue to limit discretionary activities, such as visits to restaurants, bars, gyms, and retail shops, to individuals who can provide proof of COVID-19 vaccination.

It is unclear whether the United States will also drop similar land-border vaccine requirements. At present, all nonimmigrant, non-U.S. citizen air travelers to the United States must be fully vaccinated and provide proof of vaccination status before boarding an airplane to the United States. Fully vaccinated foreign nationals may enter the United States at land ports of entry (POEs) and ferry terminals. Fully vaccinated travelers do not need to provide a pre-entry COVID-19 test result to enter the United States by air, land, or sea. Fully vaccinated foreign travelers can travel to the United States across the Northern and Southwest borders with Canada (and Mexico). U.S. citizens and lawful permanent residents do not need to provide proof of vaccination status at land POEs and ferry terminals.

A group of Canadian legislators and border-area mayors from both countries published a letter on September 20, 2022, to Prime Minister Justin Trudeau and President Joe Biden asking them to remove the border restrictions.

DHS Publishes Final Rule Implementing Court’s Vacatur of Two Rules on Asylum Applications, Interviews, and Work Authorization

The Department of Homeland Security published a final rule on September 22, 2022, that removes changes to regulatory text resulting from two final rules issued in June 2020, which were vacated by a federal district court in February 2022 in Asylumworks v. Mayorkas. The court decision requires U.S. Citizenship and Immigration Services (USCIS) to process all initial employment authorization document (EAD) applications from asylum applicants within 30 days. The decision vacated a June 22, 2020, rule that removed that requirement.

DOJ Secures Settlements With Four Companies for Discriminatory Job Advertising on College Recruiting Platforms

On September 21, 2022, the Department of Justice (DOJ) announced that it entered into another four settlements to resolve claims that companies discriminated against non-U.S. citizens by posting job opportunities with unlawful citizenship status restrictions on college job recruiting platforms. The four agreements add to DOJ’s recent settlements with 16 other companies to resolve similar claims, bringing the total civil penalty amount for all 20 employers to over $1.1 million. The latest four companies include CarMax, Axis Analytics, Capital One Bank, and Walmart.

DOJ said its involvement began after a Georgia Institute of Technology (Georgia Tech) student, who was a lawful permanent resident at the time, filed a discrimination complaint with the Civil Rights Division’s Immigrant and Employee Rights Section. The student’s complaint alleged that Capital One Bank restricted a paid internship opportunity only to U.S. citizens when it posted the job on a Georgia Tech job recruitment platform. DOJ said that during its investigation, the agency learned about “dozens of other facially discriminatory advertisements employers posted on Georgia Tech’s job recruiting platform as well as other platforms operated by colleges across the United States.”

USCIS Is Reviewing Policy Changes Related to Military Naturalization

On September 22, 2022, U.S. Citizenship and Immigration Services (USCIS) was notified of a settlement agreement between the U.S. Army and class members of the civil action in Calixto v. Department of the Army, Civ. A. No. 18-1551 (PLF) (D.D.C.). The Calixto settlement agreement affects USCIS’s military naturalization policies, and USCIS said it is reviewing policy changes based on the terms of this settlement agreement. USCIS will soon provide guidance and instructions for Calixto class members who may be eligible to apply for military naturalization.

Congress Passes Bill to Conduct Employment-Related Study of Foreign-Credentialed Immigrants and Refugees

On September 19, 2022, Congress passed the “Bridging the Gap for New Americans Act” (S. 3157) to require the Department of Labor to submit to Congress a study on the factors affecting employment opportunities for certain individuals with professional credentials obtained in a non-U.S. country, specifically individuals who are lawfully present noncitizens or naturalized U.S. citizens. The study will include policy recommendations for better enabling such individuals to obtain skill-appropriate employment in the United States.

The study is to include: (1) an analysis of the employment history of applicable immigrants and refugees admitted to the United States during the five-year period immediately preceding the date of enactment; (2) an assessment of any barriers that prevent applicable immigrants and refugees from using occupational experience obtained outside the United States to obtain employment in the United States; (3) an analysis of available public and private resources assisting applicable immigrants and refugees who have professional experience and qualifications obtained outside of the United States to obtain skill-appropriate employment in the United States; and (4) policy recommendations for better enabling applicable immigrants and refugees who have professional experience and qualifications obtained outside of the United States to obtain skill-appropriate employment in the United States.

Indian Green Card Seekers Ask Court to End Federal Policy Placing Applications in ‘Legal Limbo’

A group of green card seekers from India filed a motion for a temporary restraining order on September 15, 2022, in Datta v. Jaddou, asking a U.S. district court in the state of Washington to end a federal policy that pushes their applications into a “legal limbo.”

They argue that U.S. Citizenship and Immigration Services’ and the Department of State’s requirement that a visa must be available at both the time of filing and of approval of the application is wrong. Brad Banias, an attorney for the plaintiffs, said, “If there is a visa available at the time they filed for adjustment of status, that’s all that matters.”

USCIS Implements Next Phase of Premium Processing for Certain Previously Filed EB-1 and EB-2 Immigrant Petitions

U.S. Citizenship and Immigration Services (USCIS) announced on September 15, 2022, that it is implementing the next phase of the premium processing expansion for certain petitioners who have a pending Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications.

This phase only applies to certain previously filed Form I-140 petitions under an E13 multinational executive and manager classification or E21 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW), USCIS explained.

USCIS is now accepting Form I-907, Request for Premium Processing Service, requests for:

  • E13 multinational executive and manager petitions received on or before January 1, 2022; and
  • E21 NIW petitions received on or before February 1, 2022.

USCIS has 45 days to take an adjudicative action on cases that request premium processing for these newly included Form I-140 classifications.

USCIS Reaches H-2B Cap for First Half of FY 2023

U.S. Citizenship and Immigration Services (USCIS) announced on September 14, 2022, that it has received enough petitions to reach the congressionally mandated cap on H-2B visas for temporary nonagricultural workers for the first half of fiscal year (FY) 2023. September 12, 2022, was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before April 1, 2023. USCIS said it will reject new cap-subject H-2B petitions received after September 12, 2022, that request an employment start date before April 1, 2023.

USCIS continues to accept H-2B petitions that are exempt from the congressionally mandated cap. This includes petitions for:

  • Current H-2B workers in the United States who extend their stay, change employers, or change the terms and conditions of their employment;
  • Fish roe processors, fish roe technicians, and/or supervisors of fish roe processing; and
  • Workers performing labor or services in the Commonwealth of the Northern Mariana Islands and/or Guam from November 28, 2009, until December 31, 2029.
  • USCIS alert, https://www.uscis.gov/newsroom/alerts/uscis-reaches-h-2b-cap-for-first-half-of-fy-2023

Witnesses Testify at Senate Hearing on Importance of Immigrant Workers to U.S. Health Care System

On September 14, 2022, several witnesses testified at a hearing held by the Senate Subcommittee on Immigration, Citizenship, and Border Safety, “Flatlining Care: Why Immigrants Are Crucial to Bolstering Our Health Care.” Among them were Sarah K. Peterson, Principal Attorney, SPS Immigration PLLC, who testified about “smart immigration reform” to allow International Medical Graduates (IMGs,) international nurses, and other healthcare professionals to help address the United States’ “ongoing shortage of access to medical care, ensuring that all Americans are able to access basic, primary medical care regardless of where they live in the United States.”

Among other things, Ms. Peterson urged Congress to pass two pending bills: the Conrad State 30 and Physician Access Reauthorization Act, S. 1810 (H.R. 3541), and the Healthcare Workforce Resilience Act, S. 1024 (H.R. 2255). She said that passage of these bills would increase access to medical care and bring relief to underserved populations, and to J-1 physicians and international nurses. She noted, for example, that the Conrad bill would provide “cap gap” relief for J-1 trainees, similar to that provided to F-1 students working in Optional Practical Training status, whose work authorization expires before October 1 and whose employers have filed a cap-subject H-1B petition selected in the registration period. “Expanding this relief to physicians would provide employers with quicker access to necessary health care and allow these foreign national physicians to change status in the United States, without having to depart the United States, obtain a visa, and only be permitted to re-enter the U.S. months later. Cap gap work-authorization for U.S.-trained physicians would add a quarter of a year or more of badly needed physician coverage and is smart immigration reform,” she said.

Visa Bulletin for October Includes Several Retrogressions, Other Updates

The Department of State’s (DOS) Visa Bulletin for October 2022, the first month of the new fiscal year, includes several updates:

  • Scheduled expiration of employment fourth preference (SR) Religious Workers category. Unless Congress extends this category, no SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight September 29, 2022. Visas issued before that date will be valid only until that date, and all individuals seeking admission in the non-minister special immigrant category must be admitted into the United States by midnight September 29, 2022.
  • Retrogression of China-mainland born final action date and imposition of India final action date in the employment-based fifth preference unreserved categories (including C5, T5, I5, and R5). The final action date for the China-mainland born EB-5 unreserved categories for immigrant investors will retrogress in October due to heavy demand for numbers. Also, due to India demand, a final action date for October will be imposed in the EB-5 unreserved categories.
  • Retrogression of India employment second preference (EB-2) final action and application filing dates for October. Rapid forward movements of the India EB-2 final action and application filing dates during FY 2022 were made to maximize number use under the unprecedented high employment limit of 281,507. As a result, heavy applicant demand has materialized. Coupled with significantly lower visa number availability for India EB-2 for FY 2023 as compared with FY 2022, DOS said corrective action was required to keep number use within the maximum allowed under the FY 2023 annual limits.
  • Visa availability in the employment fourth category. High demand in this category may necessitate the establishment of a worldwide final action date in the coming months, DOS said.

o  Visa Bulletin for October 2022, Dept. of State. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-october-2022.html

DHS Issues Final Rule on Public Charge Ground of Inadmissibility

The Department of Homeland Security (DHS) is amending its regulations, effective December 23, 2022, regarding determinations of whether noncitizens are inadmissible to the United States because they are likely at any time to become a public charge.

Secretary of Homeland Security Alejandro Mayorkas said DHS “will not penalize individuals for choosing to access the health benefits and other supplemental government services available to them.” These benefits include Supplemental Nutrition Assistance Program (SNAP) or other nutrition programs, Children’s Health Insurance Program (CHIP), Medicaid (other than for long-term institutionalization), housing benefits, any benefits related to immunizations or testing for communicable diseases, or other supplemental or special-purpose benefits.

Under the final rule, DHS will determine that a noncitizen is likely to become a public charge if the noncitizen is likely to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or long-term institutionalization at government expense.

On August 14, 2019, DHS issued a different rule on this topic, which is no longer in effect.

USCIS Releases Revised Forms I-589 and I-765

U.S. Citizenship and Immigration Services (USCIS) is releasing revised editions of Form I-589, Application for Asylum and for Withholding of Removal, and Form I-765, Application for Employment Authorization.

Effective November 7, 2022, USCIS will only accept editions of these forms dated 07/26/22. Until then, applicants can submit either the new or previous editions of these forms. USCIS cautioned, however, that “previous editions contain various instructions that have been rendered obsolete in light of the Asylumworks vacatur.” In that case, a U.S. district court vacated two rules.

DHS Announces Extension and Re-Registration Process for Current Venezuela TPS Beneficiaries, Special Student Relief

The Department of Homeland Security (DHS) has taken several actions to provide relief for Venezuelans in the United States.

TPS extended. DHS has extended the designation of Venezuela for temporary protected status (TPS) for 18 months, effective September 10, 2022, through March 10, 2024. Existing TPS beneficiaries who wish to extend their status must re-register during the 60-day re-registration period that began on September 8, 2022, and runs through November 7, 2022.

DHS noted that re-registrants should re-register timely and not wait until their employment authorization documents expire because delaying re-registration could result in gaps in work authorization documentation.

Special student relief. DHS is suspending certain regulatory requirements for F-1 nonimmigrant students whose country of citizenship is Venezuela, regardless of country of birth (or individuals having no nationality who last habitually resided in Venezuela), and who are experiencing severe economic hardship as a direct result of the humanitarian crisis in Venezuela. Such students who were in lawful F-1 nonimmigrant student status on April 22, 2021, and are currently maintaining F-1 nonimmigrant student status may request work authorization, work an increased number of hours while school is in session, and reduce their course loads while continuing to maintain status.

DHS said it will deem an F-1 nonimmigrant student who receives such employment authorization to be engaged in a “full course of study” for the duration of the employment authorization, if the nonimmigrant student satisfies the minimum course load requirement described in the notice.

USCIS Releases FY 2023 Employment-Based Adjustment of Status FAQs

U.S. Citizenship and Immigration Services (USCIS) released updated fiscal year (FY) 2023 frequently asked questions on employment-based (EB) adjustment of status. The introduction to the FAQs notes that the EB annual limit for FY 2023 will be higher than was typical before the pandemic but lower than in FYs 2021 and 2022. USCIS reiterated that it is “dedicated to ensuring we use as many available employment-based visas as possible in FY 2023,” which ends on September 30, 2023.

The FAQs note that the Department of State currently estimates that the FY 2023 employment-based annual limit will be approximately 200,000 due to unused family-based visa numbers from FY 2022 being added to the employment-based limit for FY 2023.

ETA Requests Comments on Proposed Revisions to Prevailing Wage Determination Application Forms

The Department of Labor’s Employment and Training Administration is requesting comments by October 11, 2022, on proposed revisions to the Application for Prevailing Wage Determination (Form ETA-9141) and Employer-Provided Survey Attestations to Accompany H-2B Prevailing Wage Determination Request Based on a Non-OES Survey) (Form ETA-9165).

Arlington Immigration Court Relocating to Annandale; EOIR to Open Court in Sterling

The Department of Justice’s Executive Office for Immigration Review (EOIR) announced on September 9, 2022, that the Arlington Immigration Court in Virginia will end normal operations at noon on October 6, 2022, to prepare for the court’s relocation to Annandale, Virginia. Staff will remain on site to accept phone calls and filings at the Arlington Immigration Court until October 17, 2022. However, all hearings scheduled at the Arlington Immigration Court after October 5 will be rescheduled to the Annandale Immigration Court.

EOIR said it will notify parties whose cases are affected. On October 17, 2022, hearings will start at the Annandale Immigration Court, the Annandale filing window and phone lines will open, and the Arlington Immigration Court will close.

Also, EOIR is opening a new immigration court in Sterling, Virginia, on October 3, 2022. The Sterling Immigration Court will include 19 immigration judges.

USCIS Announces Push to Use as Many Employment-Based Green Cards as Possible by September 30

U.S. Citizenship and Immigration Services (USCIS) announced that the overall employment-based annual limit for immigrant visas in fiscal year (FY) 2022 is approximately twice as high as usual, primarily due to consular closures abroad during the COVID-19 pandemic. USCIS said it is “dedicated to ensuring we use as many available employment-based visas as possible in FY 2022,” which ends on September 30, 2022.

USCIS explained that the annual limit for employment-based immigrant visa use in FY 2021 was 262,288, nearly double the typical annual total. Overall, USCIS and the Department of State (DOS) combined to use 195,507 employment-based immigrant visas in FY 2021. DOS issued 19,779 employment-based immigrant visas, and USCIS used 175,728 employment-based immigrant visas through adjustment of status, more than 52% higher than the average before the pandemic. Despite agency efforts, 66,781 visas went unused at the end of FY 2021, USCIS said. DOS has determined that the FY 2022 employment-based annual limit is 281,507 (slightly more than double the typical annual total) due to unused family-based immigrant visa numbers from FY 2021 being allocated to the current fiscal year’s available employment-based green cards. Through July 31, 2022, the two agencies have combined to use 210,593 employment-based immigrant visas (FY 2022 data is preliminary and subject to change). USCIS approved more than 10,000 employment-based adjustment of status applications in the week ending August 14, 2022, and DOS continues its high rate of visa issuance as well, USCIS noted.

Among other things, USCIS noted (emphasis in original):

If your underlying petition is approved and a visa is available to you, but you know that your previously filed Form I-485 does not have a valid Form I-693, Report of Medical Examination and Vaccination Record, we recommend you visit a civil surgeon and have a valid Form I-693 on hand when we send the request to you. This is particularly important if you recently received a notice that your application was transferred from a USCIS service center to a USCIS field office and you know your application does not have a valid Form I-693. If you are a noncitizen with pending adjustment of status applications, do not send an unsolicited Form I-693 to us…. The “60-day rule,” which has been temporarily waived, does not apply to Forms I-693 signed by the civil surgeon after you have filed Form I-485.

DHS Implements, Expands Work Authorization for Liberian DED

The Department of Homeland Security (DHS) plans to provide employment authorization for certain individuals covered by Liberian Deferred Enforced Departure (DED).

Through a notice to be published in the Federal Register on September 6, 2022, DHS is providing work authorization, including procedures for obtaining related documentation, for covered individuals effective June 27, 2022, through June 30, 2024. DHS is automatically extending the validity of DED-based employment authorization documents (EADs) bearing a Category Code of A-11 and a “Card Expires” date of March 30, 2020, January 10, 2021, or June 30, 2022, through June 30, 2024. The notice provides instructions for DED-eligible individuals, including on how to apply for EADs and for travel authorization.

Eligible individuals include noncitizens who are Liberian nationals, or individuals having no nationality who last habitually resided in Liberia, regardless of country of birth, who were covered by DED as of June 30, 2022; as well as to Liberian nationals, or individuals having no nationality who last habitually resided in Liberia, regardless of country of birth, who have been continuously physically present in the United States since May 20, 2017. They must meet all eligibility criteria.

USCIS Updates Guidance on Religious Workers

U.S. Citizenship and Immigration Services (USCIS) has issued policy guidance to reorganize and expand on existing guidance related to special immigrant and nonimmigrant religious workers.

For both special immigrant and R-1 nonimmigrant religious worker petitions, the update clarifies the circumstances under which certain related petitioners may meet compensation requirements even if the attesting employer will not directly compensate the religious worker.

The update also reorganizes the special immigrant religious worker guidance in the USCIS Policy Manual for clarity and provides more comprehensive information about the special immigrant religious worker filing process, verification of evidence, and site inspection process.

USCIS Resumes Cuban Parole Program Operations

U.S. Citizenship and Immigration Services (USCIS) is resuming operations under the Cuban Family Reunification Parole (CFRP) program, beginning with pending CFRP program applications.

The CFRP program, established in 2007, allows certain eligible U.S. citizens and lawful permanent residents who receive an invitation letter to apply for parole for their family members in Cuba. If USCIS approves these family members for parole, they may come to the United States before their immigrant visa priority dates become current. CFRP processing was suspended due to a significant drawdown in U.S. government personnel from U.S. Embassy Havana for security reasons in 2017 and the closure of the USCIS field office in Havana in 2018.

OFLC Receives Labor Dept. Award to Modernize Permanent Labor Certification Program

The Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) announced that it was awarded an investment from the DOL’s Technology Modernization Fund (TMF). The $7.2 million TMF investment “will improve DOL’s permanent labor certification services, helping to increase efficiency, improve customer experience, and address fraud and security risks overall,” TMF said.

Brian Pasternak, Administrator, Office of Foreign Labor Certification, said, “By integrating the permanent labor certification process into the Foreign Labor Application Gateway, which uses [the General Services Administration’s] Login.gov, we will make it easier, faster, and cheaper for employers to access permanent labor certification services and create a more seamless immigrant visa processing experience.” Gundeep Ahluwalia, DOL’s Chief Information Officer, said, “The Department has developed a close working relationship with the TMF with past TMF awards and appreciates the opportunity to build technologies that ease the burden on U.S. employers.”

ABIL Global: Colombia

There is a new regime for visa procedures and processing.

On July 22, 2022, the Ministry of Foreign Affairs issued Resolution 5477 regarding the procedural, administrative, and processing aspects of visas in Colombia. The resolution is effective October 20, 2022.

Among other things, the resolution provides for a digital nomad visitor visa. The resolution also creates an Internationalization Promotion Visa, for foreigners with a master’s, doctorate, or postdoctorate degree in basic or applied sciences, engineering, mathematics, or related fields, whose profiles meet Colombia’s priorities or contribute to the adoption and/or adaptation of technologies that strengthen Colombia’s competitiveness. Although the Technical Assistance Visitor Visa will be valid for up to two years, the stay is limited to 180 continuous or discontinuous days in 365 days counted from issuance of the visa. The Resident Investor Visa will disappear, and a foreigner will need to apply for a Migrant Visa and be able to apply for a Resident Visa on the basis of accumulated time. The resolution also creates a Seasonal Agricultural Worker Visitor Visa, and regroups student visas into a single category, the Visitor Visa for Students.

I-94/E-VERIFY WEBINARS

Immigrant and employee rights webinars. The Department of Justice’s Immigrant and Employee Rights Section (IER), of the Civil Rights Division, is offering a number of free webinars for workers, employers, and advocates. For more information, see https://www.justice.gov/crt/webinars.

Webinars on E-Verify and Form I-9. E-Verify is presenting free webinars on E-Verify and the Form I-9 employment eligibility verification process. The webinars are eligible for professional development credits through the Society of Human Resource Management and the Human Resource Certification Institute, except for “E-Verify in 30” and “myE-Verify.” Customized sessions are also available; email E-VerifyOutreach@uscis.dhs.gov to arrange the topic, date, and time. https://www.e-verify.gov/about-e-verify/e-verify-webinars

E-Verify webinar schedule. E-Verify has released its calendar of webinars at https://www.e-verify.gov/calendar-field_date_and_time/month.

AGENCY PROCESSING TIMES

USCIS case processing times: https://egov.uscis.gov/processing-times/

US Department of Labor:   https://flag.dol.gov/processingtimes

Department of State Visa Bulletin: https://travel.state.gov/content/visas/en/law-and-policy/bulletin.html

NEW PUBLICATIONS AND ITEMS OF INTEREST

Webinar on international student issues. The Office of the Citizenship and Immigration Services Ombudsman invites designated school officials and responsible officers to join the “Interagency Engagement on International Student Issues,” to be held Thursday, August 25, 2022, from 1 pm to 2:15 pm ET. https://bit.ly/3Ad3c2v

Webinar on support of Afghans. U.S. Citizenship and Immigration Services invites stakeholders to a webinar on Operation Allies Welcome and lawful immigration pathways available to Afghan nationals in the United States, to be held Thursday, September 1, 2022, from 3 pm to 4 pm ET. To register, visit the registration page and submit your email address.

Beware of ICE imposters. U.S. Customs and Immigration Enforcement (ICE) released a safety alert warning people to beware of ICE imposters after reports of people representing themselves as ICE personnel in person, by telephone, or online for fraudulent gain and attempting to elicit some form of payment or compensation for immigration benefits or other immigration services. https://www.ice.gov/sites/default/files/documents/Document/2019/bewareICEimposters.pdf

FAQ on VWP and ESTA. U.S. Customs and Border Protection has released frequently asked questions about the Visa Waiver Program and the Electronic System for Travel Authorization. https://www.cbp.gov/travel/international-visitors/frequently-asked-questions-about-visa-waiver-program-vwp-and-electronic-system-travel

 

COVID-19 RESOURCES

COVID-19 resources. The response of the U.S. immigration agencies to the coronavirus (COVID-19) pandemic is constantly evolving, making it difficult to report relevant information that is not rendered immediately obsolete. The list of online resources below is intended to serve as a quick reference to the most current available agency information.

General Information

Coronavirus.gov: Primary federal site for general coronavirus information

USA.gov/coronavirus: Catalog of U.S. government’s response to coronavirus

CDC.gov/coronavirus: Centers for Disease Control and Prevention information

American Immigration Lawyers Association:  (links to practice alerts on this site are restricted to members)

NAFSA

Immigration Agency Information

Department of Homeland Security: DHS.gov/coronavirus

–        https://www.dhs.gov/coronavirus-news-updates

–        https://www.dhs.gov/news/2020/03/17/fact-sheet-dhs-notice-arrival-restrictions-china-iran-and-certain-countries-europe

USCIS: USCIS.gov/coronavirus

ICE:

–        Overview and FAQs: https://www.ice.gov/coronavirus

–       Requirements for ICE Detention Facilities: https://www.ice.gov/doclib/coronavirus/eroCOVID19response

ReqsCleanFacilities.pdf

CBP:

–        Updates and Announcements:   https://www.cbp.gov/newsroom/coronavirus

–        Accessing I-94 Information: https://i94.cbp.dhs.gov/I94/#/home

Department of Labor:

–        OFLC Announcements (COVID-19 announcements included here): https://www.foreignlaborcert.doleta.gov/

–        COVID-19 FAQs:

Round 1 (Mar. 20, 2020): https://www.foreignlaborcert.doleta.gov/pdf/DOL-OFLC_COVID-19_FAQs_Round%201_03.20.2020.pdf

Round 2 (Apr. 1, 2020): https://www.foreignlaborcert.doleta.gov/pdf/DOL-OFLC_COVID-19_FAQs_Round%202_04.01.2020.pdf

Round 3 (Apr. 9, 2020): https://www.foreignlaborcert.doleta.gov/pdf/DOL-OFLC_COVID-19_FAQs_Round%203.pdf

State Department: https://www.state.gov/coronavirus/

Travel advisories: https://travel.state.gov/content/travel/en/traveladvisories/ea/covid-19-information.html

Country-specific information: https://travel.state.gov/content/travel/en/traveladvisories/COVID-19-Country-Specific-Information.html

J-1 exchange visitor information: https://j1visa.state.gov/covid-19/

Justice Department

Executive Office for Immigration Review: https://www.justice.gov/eoir/eoir-operational-status-during-coronavirus-pandemic

AGENCY TWITTER ACCOUNTS

EOIR: @DOJ_EOIR

ICE: @ICEgov

Study in the States: @StudyinStates

USCIS: @USCIS

I-9 AND E-VERIFY WEBINARS

USCIS and Immigrant and employee rights webinars. The Department of Justice’s Immigrant and Employee Rights Section, Civil Rights Division,has joined with USCIS to present webinars on employee rights during the E-Verify and Form I-9 employment eligibility verification processes.  For more information or to register, see: https://www.justice.gov/crt/webinars.

E-Verify webinar schedule:  https://www.e-verify.gov/calendar-field_date_and_time/month/202004.

___________________________________________________________________________________________

This newsletter was prepared in collaboration with ABIL, the Alliance of Business Immigration Lawyers, comprised of twenty U.S. immigration lawyers who head some of the top immigration practices in the country.   Larrabee Albi Coker LLP is an active member of ABIL.

Legal Disclaimer:   This newsletter is provided for informational purposes only and does not substitute for legal advice based on the circumstances of a specific matter.

 

<– Back to News Updates

858.642.0420
visas@larrabee.com
Newsletter Signup

Privacy Policy