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Posts

ABIL Immigration Insider • September 1, 2024

September 01, 2024/in Immigration Insider /by ABIL

In this issue:

1. USCIS Updates Guidance on OPT and Other Issues for F/M Nonimmigrant Students – U.S. Citizenship and Immigration Services (USCIS) has updated its guidance on when students may be eligible for optional practical training extensions for STEM fields. USCIS also provided clarifying guidance for F and M nonimmigrant students about online study, school transfers, the grace period, and study abroad.

2. DHS Announces New Work Authorization Category for T Nonimmigrants – The Department of Homeland Security has established a new C40 category “for individuals with a pending Form I-914, Application for T Nonimmigrant Status, whose application is determined to be bona fide and meets the prima facie standard, and who apply and are approved for employment authorization.”

3. Texas District Court Temporarily Stops “Keeping Families Together” Parole-in-Place Program, But Applications Continue – U.S. Citizenship and Immigration Services will continue to collect applications although parole grants under the program are paused.

4. Biden Administration to Resume Program for Migrants From Cuba, Haiti, Nicaragua, and Venezuela; Fraud Investigations Continue – According to reports, the Biden administration plans to resume a program that allows would-be migrants from Cuba, Haiti, Nicaragua, and Venezuela to apply from their home countries for entry into the United States. The 18-month-old program was paused due to fraud concerns.

5. Annual Limit Reached in Several Employment-Based Categories – The annual limits will reset with the start of the new fiscal year on October 1, 2024.

6. OFLC Announces Delay in Transition Schedule for H-2A Applications and Job Orders Under 2024 Farmworker Protection Final Rule – A District Court in Georgia issued a preliminary injunction in Kansas v. U.S. Department of Labor, prohibiting the Department of Labor from enforcing the Farmworker Protection Rule in certain states and with respect to certain entities.

7. USCIS to Open International Field Office in Quito, Ecuador – With a field office in Ecuador, to be located in the U.S. Embassy, U.S. Citizenship and Immigration Services “will be able to provide immigration expertise to U.S. embassy and regional partners in support of the Oficinas de Movilidad Segura, or Safe Mobility Offices, in Ecuador.”

8. DOS Releases Notice to Emami Class Members – The Department of State released a notice on August 27, 2024, with instructions to class members in the consolidated cases Emami v. Mayorkas and Pars Equality Center v. Blinken.

9. Court Preliminarily Approves Proposed Settlement in Garcia Perez v. USCIS – The case is a class action lawsuit involving the federal government’s practices with respect to work permits for applicants for asylum or withholding of removal.

10. DOS Issues Final Rule on Effect of Certain Pardons on Criminal-Related Grounds of Ineligibility – The Department of State has amended a regulation relating to the effect of certain pardons on criminal-related grounds of visa ineligibility.

11. DHS Announces Expedited Asylum Processing at Northern Border to Deter Unauthorized Migrants – The Department of Homeland Security has implemented measures at the U.S. border with Canada to reduce unauthorized migration.

12. USCIS Releases Filing Guide Ahead of New Spousal Parole Program – U.S. Citizenship and Immigration Services has created a filing guide for the new “Keeping Families Together” spousal parole process that begins August 19, 2024.

13. OFLC Releases Public Disclosure Data, Selected Program Statistics, H-2B Foreign Labor Recruiter List for Q3 of FY 2024 – The Department of Labor’s Office of Foreign Labor Certification has released several batches of data and information.

14. EOIR Relocates Houston Immigration Court – The Executive Office for Immigration Review announced that the HoustonSmith Street Immigration Court is relocating and will be renamed the HoustonJefferson Street Immigration Court.

15. USCIS Completes Second Random Selection for Regular Cap From Previously Submitted FY 2025 H-1B Cap Registrations – U.S. Citizenship and Immigration Services has completed its second random selection to reach the FY 2025 H-1B regular cap numerical allocation.

16. DC Circuit Court Upholds H-4 Spousal Work Authorization – The D.C. Circuit upheld the authority of the Department of Homeland Security to grant work authorization to spouses of certain H-1B workers.

17. DOS Releases FY 2025 Diversity Visa Results – The Kentucky Consular Center in Williamsburg, Kentucky, has registered and notified the selectees who are eligible to participate.

18. E-Verify Employers Should Not Create a Case for Re-Paroled Ukrainian Employees, USCIS Says; Additional Guidance Released – U.S. Citizenship and Immigration Services issued an update to its policy on Ukrainian employees with parole.

19. USCIS Provides Fact Sheet on STEM Petition Trends in EB-2 and O-1A Categories – U.S. Citizenship and Immigration Services has provided a fact sheet on science, technology, engineering, and mathematics (STEM) petition trends in the EB-2 and O-1A categories in fiscal years 2018 to 2023.

20. California Service Center Moves to New Address – U.S. Citizenship and Immigration Services announced that on August 12, 2024, the California Service Center moved to a new address.

21. OFLC Announces Upcoming Final Decommission of Permanent Online System – The legacy Permanent (PERM) Online System, which provides public access to permanent labor certification applications and final determinations, will be fully decommissioned on December 1, 2024.

New Publications and Items of Interest – New Publications and Items of Interest

ABIL Member / Firm News – ABIL Member / Firm News

Government Agency Links – Government Agency Links

Download:

ABIL Immigration Insider – September 2024


1. USCIS Updates Guidance on OPT and Other Issues for F/M Nonimmigrant Students

U.S. Citizenship and Immigration Services (USCIS) has updated its guidance on when students may be eligible for optional practical training (OPT) extensions for science, technology, engineering, and mathematics (STEM) fields. USCIS also provided clarifying guidance for F and M nonimmigrant students about online study, school transfers, the grace period, and study abroad.

USCIS said its Policy Manual update:

  • Clarifies that students may count one class or three credits (or the equivalent) per academic session (or the equivalent) toward a full course of study if they take the class online or through distance learning not requiring physical attendance for any purpose integral to completion of the class.
  • Explains that students may transfer between Student and Exchange Visitor Program (SEVP)-certified schools at the same educational level or move between educational levels.
  • Explains that during the 60-day grace period following an authorized period of post-completion of OPT, students may change their education level, transfer to another SEVP-certified school, or file an application or petition with USCIS to change to another nonimmigrant or immigrant status.
  • Clarifies that students may be eligible for post-completion OPT after completion of an associate’s, bachelor’s, master’s, or doctoral degree program.
  • Corrects the period during which students may apply for STEM OPT extensions and makes other technical corrections.
  • Clarifies that a student enrolled in a SEVP-certified school during a study abroad program may remain active in the Student and Exchange Visitor Information System if the study abroad program lasts less than five months, but that the student will need a new Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, if the program lasts longer than five months.

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2. DHS Announces New Work Authorization Category for T Nonimmigrants

Effective August 28, 2024, the Department of Homeland Security (DHS) has established a new C40 category “for individuals with a pending Form I-914, Application for T Nonimmigrant Status, whose application is determined to be bona fide and meets the prima facie standard, and who apply and are approved for employment authorization.” The principal T nonimmigrant applicant and family members may now receive an EAD with category C40. Previously, the C14 category (deferred action) was used when providing work authorization to T-1 applicants. DHS explained that T nonimmigrant status is for certain noncitizens who are or have been victims of a severe form of trafficking in persons.

Once T-1 nonimmigrant status is granted, DHS explained, those individuals will receive an EAD with category A16. T-2, T-3, T-4, T-5, or T-6 nonimmigrants will receive an EAD with category C25.

The Systematic Alien Verification for Entitlements (SAVE) database will provide an Initial Verification response of Temporary Employment Authorized for an EAD with category C40 if the applicant has no other status, DHS said. “SAVE may provide a different initial verification response if an applicant has an additional immigration status. In those situations, agencies should request additional verification to receive all the applicant’s immigration statuses.”

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3. Texas District Court Temporarily Stops “Keeping Families Together” Parole-in-Place Program, But Applications Continue

A Texas District Court has temporarily stopped the Biden administration’s “Keeping Families Together” parole-in-place program. The program, which started August 19, 2024, allows noncitizen spouses and noncitizen stepchildren of U.S. citizens, if otherwise eligible, to apply for lawful permanent residence without leaving the United States. U.S. Citizenship and Immigration Services (USCIS) will continue to collect applications although parole grants under the program are paused.

On August 23, 2024, the state of Texas, along with 15 other states, filed a complaint in the U.S. District Court for the Eastern District of Texas, Tyler Division, calling the program “unlawful” and arguing that it “incentivizes illegal immigration and will irreparably harm the Plaintiff States.” The District Court agreed, issuing an administrative stay. The court said it “has undertaken a first-blush review of the merits of plaintiffs’ standing and cause of action in light of the evidence submitted with their motion for a TRO and a stay. The claims are substantial and warrant closer consideration than the court has been able to afford to date.” In particular, the court said, its conclusion was based on the need to analyze (1) whether parole “into” the United States includes entry by those who are already in the United States, “as opposed to at or beyond the border,” and (2) the relevant rule’s possible misapprehension of the legal standard in focusing on significant public benefit from “this process” rather than whether a specific person’s lawful presence in the country would have public, as opposed to private, benefit that is significant. The court said its review was a “screening” and did not express any ultimate conclusions about the success or likely success of the government’s claims. The court noted that its stay applied to granting parole under the program but not to accepting applications.

As noted above, USCIS said it would continue to accept applications but not grant parole under the program while the stay is in place. USCIS also noted that the district court’s stay “does not affect any applications that were approved before the administrative stay order was issued at 6:46 p.m. Eastern Time on Aug. 26, 2024.” The court set forth a detailed “expedited schedule” for further court filings up to October 10, 2024, with extensions possible through mid-October, followed by “an expedited hearing on preliminary relief and summary judgment, and if necessary a consolidated bench trial.”

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4. Biden Administration to Resume Program for Migrants From Cuba, Haiti, Nicaragua, and Venezuela; Fraud Investigations Continue

A Texas District Court has temporarily stopped the Biden administration’s “Keeping Families Together” parole-in-place program. The program, which started August 19, 2024, allows noncitizen spouses and noncitizen stepchildren of U.S. citizens, if otherwise eligible, to apply for lawful permanent residence without leaving the United States. U.S. Citizenship and Immigration Services (USCIS) will continue to collect applications although parole grants under the program are paused.

On August 23, 2024, the state of Texas, along with 15 other states, filed a complaint in the U.S. District Court for the Eastern District of Texas, Tyler Division, calling the program “unlawful” and arguing that it “incentivizes illegal immigration and will irreparably harm the Plaintiff States.” The District Court agreed, issuing an administrative stay. The court said it “has undertaken a first-blush review of the merits of plaintiffs’ standing and cause of action in light of the evidence submitted with their motion for a TRO and a stay. The claims are substantial and warrant closer consideration than the court has been able to afford to date.” In particular, the court said, its conclusion was based on the need to analyze (1) whether parole “into” the United States includes entry by those who are already in the United States, “as opposed to at or beyond the border,” and (2) the relevant rule’s possible misapprehension of the legal standard in focusing on significant public benefit from “this process” rather than whether a specific person’s lawful presence in the country would have public, as opposed to private, benefit that is significant. The court said its review was a “screening” and did not express any ultimate conclusions about the success or likely success of the government’s claims. The court noted that its stay applied to granting parole under the program but not to accepting applications.

As noted above, USCIS said it would continue to accept applications but not grant parole under the program while the stay is in place. USCIS also noted that the district court’s stay “does not affect any applications that were approved before the administrative stay order was issued at 6:46 p.m. Eastern Time on Aug. 26, 2024.” The court set forth a detailed “expedited schedule” for further court filings up to October 10, 2024, with extensions possible through mid-October, followed by “an expedited hearing on preliminary relief and summary judgment, and if necessary a consolidated bench trial.”

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5. Annual Limit Reached in Several Employment-Based Categories

On August 27, 2024, the Department of State (DOS) announced the issuance of all available visas in the employment-based first preference (EB-1) and fourth preference (EB-4) immigrant visa preference categories for fiscal year (FY) 2024. On August 16, 2024, DOS announced the issuance of all available visas in the employment-based EB-3 and EW (Other Workers) and EB-5 unreserved categories.

Regarding the EB-1 category, DOS said, “Maximizing these visas facilitates legitimate travel for individuals with extraordinary ability [who have] garnered national or international acclaim, outstanding professors and researchers, and multinational executives and managers.” Regarding the EB-4 category, DOS said that maximizing such visas “facilitates legitimate travel for a wide variety of special immigrants, including religious workers, special immigrant juveniles, certain U.S. government employees, certain international organization retirees, and certain international broadcasting employees, among others.”

The annual limits will reset with the start of the new fiscal year on October 1, 2024, DOS noted. “At that point, embassies and consulates may resume issuing immigrant visas in these categories to qualified applicants.” USCIS may also resume approving applications for Adjustment of Status to Lawful Permanent Resident (Form I-485) in these categories to qualified applicants starting October 1, 2024.

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6. OFLC Announces Delay in Transition Schedule for H-2A Applications and Job Orders Under 2024 Farmworker Protection Final Rule

On August 26, 2024, a District Court in Georgia issued a preliminary injunction in Kansas v. U.S. Department of Labor, prohibiting the Department of Labor (DOL) from enforcing the Farmworker Protection Rule in certain states and with respect to certain entities. The states are Georgia, Kansas, South Carolina, Arkansas, Florida, Idaho, Indiana, Iowa, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, Tennessee, Texas, and Virginia, and the entities are Miles Berry Farm and members of the Georgia Fruit and Vegetable Growers Association.

DOL said it is carefully reviewing the Kansas order and assessing various options to comply. For now, the Office of Foreign Labor Certification (OFLC) will delay until further notice updates to its FLAG system to implement revised H-2A job order and application forms associated with the rule, originally scheduled to begin at 7 p.m. ET on August 28, 2024.

OFLC will continue to receive and process H-2A job orders and applications in accordance with 20 CFR part 655, subpart B in effect as of the calendar day before the effective date as stated in the rule. OFLC said it will provide additional public notice regarding a revised transition schedule as soon as possible.

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7. USCIS to Open International Field Office in Quito, Ecuador

On August 30, 2024, U.S. Citizenship and Immigration Services (USCIS) announced the opening of an international field office in Quito, Ecuador, on September 10, 2024. The Quito Field Office, to be located in the U.S. Embassy in Ecuador, “will focus on increasing refugee processing capacity, consistent with USCIS commitments under the U.S. Refugee Admissions Program, and helping reunite individuals with their family members already in the United States.”

With a field office in Ecuador, USCIS “will be able to provide immigration expertise to U.S. embassy and regional partners in support of the Oficinas de Movilidad Segura, or Safe Mobility Offices, in Ecuador.”

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8. DOS Releases Notice to Emami Class Members

The Department of State (DOS) released a notice on August 27, 2024, with instructions to class members in the consolidated cases Emami v. Mayorkas and Pars Equality Center v. Blinken. The notice explains that a U.S. District Court in California certified a class to allow certain visa applicants who were refused visas under Presidential Proclamation 9645 “to receive a one-time, non-transferable fee credit to submit a new visa application and (for eligible class members) to have the option to get a prioritized visa appointment. The fee credit may be used once towards any immigrant or nonimmigrant visa at any U.S. embassy or consulate.”

Class members include an estimated 24,560 nationals of Iran, Libya, North Korea, Somalia, Syria, Venezuela, or Yemen, who are otherwise eligible and were denied a visa under Presidential Proclamation 9645 between December 8, 2017, and January 20, 2021, and did not receive a waiver under that proclamation.

Class-wide relief was available starting August 12, 2024. The notice is available in English, Arabic, and Farsi.

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9. Court Preliminarily Approves Proposed Settlement in Garcia Perez v. USCIS

The U.S. District Court for the Western District of Washington granted preliminary approval of a proposed settlement agreement in Garcia Perez v. U.S. Citizenship and Immigration Services.

The case is a class action lawsuit involving the federal government’s practices with respect to Employment Authorization Documents for applicants for asylum or withholding of removal. Under the terms of the proposed settlement, class members are entitled to new procedures relating to the crediting of time toward eligibility for work authorization.

Details:

  • USCIS notice (scroll to Aug. 5, 2024).

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10. DOS Issues Final Rule on Effect of Certain Pardons on Criminal-Related Grounds of Ineligibility

Effective August 22, 2024, the Department of State (DOS) has amended a regulation relating to the effect of certain pardons on criminal-related grounds of visa ineligibility.

The rule amends the existing regulation “to implement the plain meaning of statutory authorities and the President’s constitutional authority regarding the effect of pardons on inadmissibility under INA sections 212(a)(2)(A)(i) and 212(a)(2)(B).” The rule “conveys [DOS’s] interpretation of Congress having expressly not provided an exception to inadmissibility based on a pardon, reflecting a plain reading of the inadmissibility ground in INA section 212(a)(2)(A)(i) that multiple courts have shared.”

DOS found that the rule is “interpretative” and amends visa policy as a “foreign affairs function of the United States” and is therefore not subject to notice-and-comment requirements.

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11. DHS Announces Expedited Asylum Processing at Northern Border to Deter Unauthorized Migrants

The Department of Homeland Security (DHS) has announced measures to reduce unauthorized migration across the U.S. border with Canada:

  • Starting August 14, 2024, asylum officers conducting threshold screening interviews (TSI) for noncitizens who are processed pursuant to the U.S.-Canada Safe Third Country Agreement (STCA) are considering credible testimony, documents, and other reliable evidence available at the time of the TSI. Additional documentary evidence may not be submitted after the interview concludes, DHS announced, noting that “[a] lack of documentary evidence alone does not preclude noncitizens from establishing that they qualify for an exception to the STCA.”
  • Additionally, DHS has reduced the time period for noncitizens to consult with attorneys or representatives before their TSIs from 24 hours to “a minimum of four hours beginning at the time the noncitizen is provided an opportunity to consult with a person of the noncitizen’s choosing and continuing only during the hours of 7 a.m. and 7 p.m. local time.”

“DHS carefully reviewed its implementation of the Safe Third Country Agreement with Canada and concluded that it could streamline that process at the border without impacting noncitizens’ ability to have access to a full and fair procedure for determining a claim to asylum or equivalent temporary protection,” the agency said. Migrants crossing the northern border without authorization and taken into U.S. custody increased from 2,200 in 2022 to a record 16, 500 so far in fiscal year 2024.

Details:

  • USCIS notice (Aug. 13, 2024).
  • S. to Speed Up Asylum Processing at Northern Border to Deter Migrant Crossings, CBS News (Aug. 14, 2024).

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12. USCIS Releases Filing Guide Ahead of New Spousal Parole Program

U.S. Citizenship and Immigration Services (USCIS) has created a filing guide for the new “Keeping Families Together” spousal parole process that began August 19, 2024. USCIS will reject any related filings received before that date.

Under the new process announced in June 2024, USCIS will consider, on a case-by-case basis, requests for certain noncitizen spouses of U.S. citizens who have been continuously physically present without admission or parole in the United States for 10 years or more, have no disqualifying criminal convictions, do not pose a threat to national security and public safety and pass vetting, are otherwise eligible to apply for adjustment of status, and merit a favorable exercise of discretion.

If paroled, USCIS said, these noncitizens “will generally be able to apply for lawful permanent residence without having to leave the United States and be processed by a U.S. consulate overseas.” The Department of Homeland Security estimates that “500,000 noncitizen spouses of U.S. citizens could be eligible to access this process; on average, these noncitizens have resided in the United States for 23 years. Approximately 50,000 noncitizen children of these spouses are estimated to be eligible to seek parole under this process.”

USCIS said that additional information on the application process, required fee, and other key information will be detailed in a forthcoming Federal Register notice. USCIS said it will continue to collect applications although parole grants under the program are paused pursuant to a court opinion in Texas (more about this above in Texas District Court Temporarily Stops “Keeping Families Together” Parole-in-Place Program, But Applications Continue).

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13. OFLC Releases Public Disclosure Data, Selected Program Statistics, H-2B Foreign Labor Recruiter List for Q3 of FY 2024

The Department of Labor’s Office of Foreign Labor Certification (OFLC) has released several batches of data and information, including:

  • A comprehensive set of public disclosure data through the third quarter (Q3) of fiscal year (FY) 2024 drawn from employer applications requesting prevailing wage determinations and labor certifications for the PERM, LCA (H-1B, H-1B1, E-3), H-2A, H-2B, CW-1, and Prevailing Wage programs. The public disclosure files include all final determinations that OFLC issued for these programs during the October 1, 2023, through June 30, 2024, reporting period of fiscal year 2024.
  • Selected program statistics for Q3 of FY 2024 for the PERM, LCA (H-1B, H-1B1, E-3), H-2A, H-2B, CW-1, and Prevailing Wage programs.
  • An updated list of the names of foreign labor recruiters for the H-2B program. The H-2B Foreign Labor Recruiter List contains the names and locations of persons or entities identified on Appendix C of Form ETA-9142B that were hired by, or working for, the recruiters that employers have indicated they engaged, or planned to engage, in the recruitment of prospective H-2B workers to perform the work described on their H-2B applications. The list includes only those names and locations associated with H-2B applications that were processed or issued a final decision from October 1, 2023, through June 30, 2024. OFLC also released related frequently asked questions.

Details:

  • OFLC notice (two notices) (scroll to Aug. 15, 2024).

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14. EOIR Relocates Houston Immigration Court

The Executive Office for Immigration Review (EOIR) announced on August 15, 2024, that the Houston-Smith Street Immigration Court is relocating and will be renamed the Houston-Jefferson Street Immigration Court. The court will suspend normal operations at the close of business on August 22, 2024, to prepare for relocation. The court will reopen at its new location on August 27, 2024.

On August 23 and August 26, hearings will proceed at 1919 Smith Street, which EOIR said will be established as the court’s annex effective August 27. Staff will remain on site and available to accept filings, answer phone calls, and oversee court operations. EOIR said it will provide official advance notice to all parties whose cases are reassigned.

The new location is:

Houston-Jefferson Street Immigration Court
500 Jefferson Street, Suite 300
Houston, TX 77002

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15. USCIS Completes Second Random Selection for Regular Cap From Previously Submitted FY 2025 H-1B Cap Registrations

U.S. Citizenship and Immigration Services (USCIS) announced on August 5, 2024, that it has completed its second random selection to reach the fiscal year (FY) 2025 H-1B regular cap numerical allocation.

As background, following its initial selections in March 2024, U.S. Citizenship and Immigration Services (USCIS) announced that it would need to select additional registrations for unique beneficiaries to reach the FY 2025 regular cap numerical allocation.

USCIS said it did not conduct a second selection for the advanced degree exemption (master’s cap) because “enough masters cap registrations had already been selected and sufficient petitions were received based on these registrations as projected to meet the master’s cap numerical allocation.”

USCIS said it selected 114,017 beneficiaries, resulting in 120,603 selected registrations in the initial selection for the FY 2025 H-1B cap. The agency selected 13,607 beneficiaries in the second selection for the FY 2025 H-1B regular cap, resulting in 14,534 selected registrations.

Details:

  • USCIS notice (Aug. 5, 2024).
  • FY 2025 H-1B Cap Registration Process Update, USCIS (Aug. 5, 2024).

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16. DC Circuit Court Upholds H-4 Spousal Work Authorization

On August 2, 2024, a D.C. Circuit Court ruling in Save Jobs USA v. DHS upheld the authority of the Department of Homeland Security (DHS) to grant work authorization to H-4 spouses of certain H-1B workers.

Save Jobs USA had challenged DHS’s authority to issue a rule that allows certain visa holders to work in the United States. The court said it had already interpreted the relevant provisions of the immigration statute to answer a similar question in favor of DHS. “Because Save Jobs USA has not meaningfully distinguished this case from that binding precedent, we affirm the district court’s grant of summary judgment,” the court said.

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17. DOS Releases FY 2025 Diversity Visa Results

The Department of State’s Visa Bulletin for September includes results from the diversity visa (DV) lottery for fiscal year (FY) 2025 (October 1, 2024, to September 30, 2025). The Kentucky Consular Center in Williamsburg, Kentucky, has registered and notified the approximately 131,060 selectees who are eligible to participate. Entrants registered for the DV-2025 program were selected at random from 19,927,656 qualified entries received. The country with the most registrants selected is Algeria, with 5,526.

The bulletin notes that those selected “will need to act on their immigrant visa applications quickly. Applicants should follow the instructions in their notification letter and must fully complete all required steps.” Many more were selected than can receive visas (55,000) to account for factors such as some selectees not completing their cases or being found ineligible for a visa.

Dates for the DV-2026 program registration period will be publicized in the coming months, the bulletin notes.

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18. E-Verify Employers Should Not Create a Case for Re-Paroled Ukrainian Employees, USCIS Says; Additional Guidance Released

The Department of State’s Visa Bulletin for September includes results from the diversity visa (DV) lottery for fiscal year (FY) 2025 (October 1, 2024, to September 30, 2025). The Kentucky Consular Center in Williamsburg, Kentucky, has registered and notified the approximately 131,060 selectees who are eligible to participate. Entrants registered for the DV-2025 program were selected at random from 19,927,656 qualified entries received. The country with the most registrants selected is Algeria, with 5,526.

The bulletin notes that those selected “will need to act on their immigrant visa applications quickly. Applicants should follow the instructions in their notification letter and must fully complete all required steps.” Many more were selected than can receive visas (55,000) to account for factors such as some selectees not completing their cases or being found ineligible for a visa.

Dates for the DV-2026 program registration period will be publicized in the coming months, the bulletin notes.

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19. USCIS Provides Fact Sheet on STEM Petition Trends in EB-2 and O-1A Categories

U.S. Citizenship and Immigration Services (USCIS) has provided a fact sheet on science, technology, engineering, and mathematics (STEM) petition trends in the EB-2 and O-1A categories in fiscal years 2018 to 2023. The fact sheet highlights data trends in these categories during fiscal years (FYs) 2022 and 2023 compared with fiscal years before a policy guidance change in January 2022. The trends include an increase in receipts of EB-2 petitions from FY 2022 to FY 2023 and increases in National Interest Waiver use and O-1A petition receipts, USCIS said.

In January 2022, USCIS updated its policy guidance to clarify how certain professionals in STEM fields can demonstrate eligibility for (a) the National Interest Waiver (NIW) in an employment-based immigrant status (EB-2), and (b) nonimmigrant status for individuals of extraordinary ability (O-1A).

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20. California Service Center Moves to New Address

U.S. Citizenship and Immigration Services (USCIS) announced that on August 12, 2024, the California Service Center moved to a new address:

California Service Center
2642 Michelle Drive
Tustin, CA  92780

USCIS said applicants should refer to form filing address pages on uscis.gov to find the specific address information, including suite numbers, they should use depending on which form they are submitting.

Details:

  • USCIS notice (Aug. 7, 2024).

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21. OFLC Announces Upcoming Final Decommission of Permanent Online System

U.S. Citizenship and Immigration Services (USCIS) announced that on August 12, 2024, the California Service Center moved to a new address:

California Service Center
2642 Michelle Drive
Tustin, CA  92780

USCIS said applicants should refer to form filing address pages on uscis.gov to find the specific address information, including suite numbers, they should use depending on which form they are submitting.

Details:

  • USCIS notice (Aug. 7, 2024).

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New Publications and Items of Interest

Webinar on Haiti TPS: U.S. Citizenship and Immigration Services (USCIS) will hold a stakeholder engagement on the Temporary Protected Status (TPS) extension and redesignation for Haiti on Tuesday, September 24, 2024, from 2 to 3 p.m. ET. The extension of TPS for Haiti allows current beneficiaries to re-register to retain TPS through February 3, 2026, if they meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through February 3, 2026, must re-register during the 60-day re-registration period that began July 1, 2024, and ends August 30, 2024. The redesignation of Haiti for TPS allows additional Haitian nationals (and individuals having no nationality who last habitually resided in Haiti) to file initial applications for TPS if they were continuously residing in the United States on or before June 3, 2024. Not all re-registrants who apply for a new Employment Authorization Document (EAD) may receive it before their current EAD expires, so the Department of Homeland Security is automatically extending through August 3, 2025, the validity of certain EADs previously issued under Haiti’s TPS designation.

To register for the stakeholder engagement: 1. Visit the USCIS registration page. 2. Provide your email address where indicated and select “Submit.” 3. The next screen will notify you that you successfully subscribed to this event. Once USCIS processes your registration, you will receive a confirmation email with additional details including how to submit questions in advance by 4 p.m. ET on Monday, September 2, 2024.

EOIR University: The Department of Justice’s Executive Office for Immigration Review (EOIR) is opening a new training facility in Los Angeles, California. EOIR University “is a first-of-its-kind immigration training available at no cost to those interested in providing representation to individuals within our Nation’s immigration system.” Completion of EOIR University’s curriculum “will provide applicants for accreditation with proof of adequate training to streamline their application process and will provide attorneys with the knowledge they need to take cases on a pro bono basis,” EOIR said. On September 24, 2024, EOIR University will launch with a live hybrid session of its Model Hearing Program.

Lowest southwest border encounters in nearly four years: U.S. Customs and Border Patrol (CBP) released July statistics on August 16, 2024, showing the lowest southwest border “encounters” with undocumented persons in nearly four years following a Presidential Proclamation in June 2024. CBP said that since the Presidential Proclamation and interim final rule went into effect on June 5, 2024, the Department of Homeland Security “has removed or returned more than 92,000 individuals to more than 130 countries, including by operating more than 300 international repatriation flights. DHS has almost tripled the percentage of noncitizens processed for Expedited Removal, and the percentage of releases pending immigration court proceedings is down nearly half. Total removals and returns over the past year exceed removals and returns in any fiscal year since 2010 and a majority of all southwest border encounters during the past three fiscal years resulted in a removal, return, or expulsion.”

Webinar on changes to H-2A program: On August 21, 2024, the Department of Labor (DOL) hosted a public webinar on changes to the H-2A program made by the 2024 H-2A Farmworker Protection final rule. The webinar included a demonstration of the new forms in the Foreign Labor Application Gateway (FLAG) system. The final rule became effective June 28, 2024, and the Office of Foreign Labor Certification began accepting applications subject to the provisions of the rule on August 29, 2024. For details, see https://www.dol.gov/agencies/eta/foreign-labor (scroll to August 13, 2024).

Also, on August 7, 2024, DOL hosted a similar public webinar. The presentation materials are available at the hyperlinks below and on DOL’s website under the “Webinars” tab at the bottom of the H-2A Program page at https://www.dol.gov/agencies/eta/foreign-labor/programs/h-2a.

  • View slides on the Farmworker Protection Final Rule
  • View the webinar recording on the Farmworker Protection Final Rule

 

 

E-Verify webinars: E-Verify has updated its calendar of webinars.

SAVE webinars: Systematic Alien Verification for Entitlements (SAVE) has updated its calendar of webinars.

Immigration agency X (formerly Twitter) accounts:

  • EOIR: @DOJ_EOIR
  • ICE: @ICEgov
  • Study in the States: @StudyinStates
  • USCIS: @USCIS

Alliance of Business Immigration Lawyers: ABIL is available on X (formerly Twitter): @ABILImmigration

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ABIL Member / Firm News

Klasko Immigration Law Partners, LLP, has published a client alert, H-4 Spousal Work Authorization Wins Against Legal Challenge.

Charles Kuck and Stephen Yale-Loehr were quoted by Bloomberg Law in GOP States Sue to Overturn Biden Immigrant Parole Program. “The logic of the challenge, that single parent households and separating families is better for a state than keeping families together, is something that can only come out of the mind of a true nativist and hater of immigrants,” he said. Mr. Kuck and Mr. Yale-Loehr noted that parolees admitted under the program would be eligible for benefits, including Medicaid and Food Stamps. Mr. Yale-Loehr said that claims that the program exceeds agency authority echo challenges to the Deferred Action for Childhood Arrivals program.

Cyrus Mehta and Kaitlyn Box co-authored several new blog posts: Parole in Place – A Means to an End or An End in and of Itself?, The Perils of Claiming the Foreign Earned Income Exclusion When Sponsoring an Immigrant on an Affidavit of Support, and Court Upholds Regulation Issuing Employment Authorization to H-4 Spouses Even After the Demise of Chevron Deference.

Angelo Paparelli of Seyfarth Shaw LLP authored a new blog post: Pound Wise, Penny Foolish—Federal Court Affirms Employer Choice of Immigration Filing Fees.

Mr. Yale-Loehr was quoted by the Gothamist in President Biden Spares 20,000 New Yorkers From Deportation With Executive Action. Commenting on the new “Keeping Families Together” program, he predicted that “fewer people will get approved than originally thought.” Mr. Yale-Loehr said, “People may be hesitant to provide information to the government in case they are denied and then put into deportation proceedings.” Mr. Yale-Loehr pointed out that those who have criminal records, including felonies and certain misdemeanors, would be disqualified. The article notes that he co-authored a letter signed by more than 100 law professors arguing that the Biden action was constitutional.

Mr. Yale-Loehr was quoted by Newsday in New Immigration Court Cases Plummet on [Long Island], Across U.S. Since Biden Policy Change. He said the long-term legal viability of President Biden’s order restricting the eligibility for asylum of unauthorized migrants who cross the U.S. border remains undetermined. “Immigrants’ rights advocates are challenging the new restrictions as illegal, but it may be some time until a court decides their lawsuit,” he said.

The Cornell International Law Journal will host “The (Im)possibility of Immigration Reform?,” a symposium celebrating Mr. Yale-Loehr’s career and his contributions to the field of immigration law. The symposium will be held at Cornell Law School on November 8, 2024, from 9:30 a.m. to 4 p.m., followed by a reception. Register to attend the symposium in person, or if you are unable to attend in person, there is a webinar option.

Join a panel of experts from the Cornell Law School immigration law and policy research program to learn what immigration laws and policies might change, both in the lame-duck session after the election and in 2025. The free webinar will be on Wednesday, November 20, 2024, from 1-2 p.m. ET. To register, go to https://ecornell.cornell.edu/keynotes/overview/K112024/. If you can’t attend the webinar live, you can register to get the recording afterwards. The webinar is sponsored by the Cornell Migrations Initiative, the Cornell Population Center, the Cornell Jeb E. Brooks School of Public Policy, Catholic Charities Tompkins/Tioga Immigrant Services Program, and the Cornell Law School Migration and Human Rights Program.

Mr. Yale-Loehr was quoted by the Chicago Tribune (available by subscription) in Chicago Not Expecting Migrant Surge Ahead of DNC, City Official Says. Commenting on a drastic drop in the expected numbers of migrants to be bused from Texas to Chicago in time for the Democratic National Convention, which has been attributed to President Biden’s policy at the border of denying asylum to anyone crossing into the United States without authorization, Mr. Yale-Loehr said, “There just aren’t that many people to send.”

Mr. Yale-Loehr was quoted extensively by Newsweek in Growing Backlog in Immigration Courts Could Slow Trump’s Mass Deportations. Among other things, Mr. Yale-Loehr noted that the “average wait time right now for an asylum case in immigration court is about five years, so that causes a lot of problems. He noted that “[w]e have not funded the immigration court system adequately to be able to keep up with this increase.” Mr. Yale Loehr noted that “Trump said in the first administration that he wanted to deport more people and he didn’t really do that. You just cannot deport people without a hearing. Due process is embedded in the Constitution and it applies to everyone in the United States, not just U.S. citizens. So you can’t just round them up and send them across the border.” The article notes that Mr. Yale-Loehr co-wrote a report in 2023 that recommends sweeping changes. “You certainly could also have more judges at the border,” he suggested. “If you had people who came in and had their asylum claims judged at the border within the first couple of months and then quickly deported,” that “would not add to the backlog and people would have a decision more quickly.” He observed that people “have problems hanging on for that long, or they evaporate into the shadows. [So] even if they are ordered deported, nobody can find them.”

Mr. Yale-Loehr was quoted by the Chronicle of Philanthropy (registration required) in As Election Nears, Four Freedoms Fund Seeks $5 Million to Support Immigrants. Among other things, the article discusses Path2Papers, a nonprofit project at Cornell University Law School, which recently received $1.5 million from the Crankstart Foundation to offer free consultations to Deferred Action for Childhood Arrivals (DACA) recipients in the San Francisco, California, area who are seeking work visa options. The article notes that Path2Papers “has done more than 400 consultations, finding that more than half of DACA recipients it worked with may be eligible for a work visa.” “While that is a great start, it is a drop in the bucket compared to the over 500,000 DACA holders in the U.S.,” Mr. Yale-Loehr said. He also noted that courts consider immigration cases very complex to adjudicate.

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Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

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

Department of State Visa Bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

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https://www.abil.com/wp-content/uploads/2021/09/ABIL_Logo-2021.png 0 0 ABIL https://www.abil.com/wp-content/uploads/2021/09/ABIL_Logo-2021.png ABIL2024-09-01 12:02:522024-09-12 09:07:21ABIL Immigration Insider • September 1, 2024

ABIL Immigration Insider • September 3, 2023

September 03, 2023/in Immigration Insider /by ABIL

In this issue:

1. New York Leaders Press Biden Administration to Expedite Work Permits, DHS Notifies Migrants – New York City Mayor Eric Adams, along with city and union leaders, business leaders, and the governor of New York, pressed the Biden administration to expedite work permits and other types of aid for an estimated 100,000 migrants transported to the city from the southern U.S. border.

2. USCIS Announces Re-Parole Process for Certain Afghans – U.S. Citizenship and Immigration Services said it will accept and consider, on a case-by-case basis, re-parole requests from certain noncitizen Afghans paroled into the United States.

3. Participants Sought for USCIS ‘myAccount’ Usability Study – USCIS seeks input to help it improve the user experience and the design of its myAccount application. USCIS would like to hear from a diverse group of people to gather feedback.

4. DOJ Sues SpaceX for Discriminating Against Asylees and Refugees in Hiring – The lawsuit alleges that SpaceX routinely discouraged asylees and refugees from applying and refused to hire or consider them because of their citizenship status.

5. USCIS Updates Policy Guidance on CSPA ‘Sought to Acquire’ Requirement – U.S. Citizenship and Immigration Services (USCIS) has clarified how it will apply the extraordinary circumstances exception to the “sought to acquire” requirement under the Child Status Protection Act in light of a policy change updating when an immigrant visa becomes available for the purpose of calculating an applicant’s CSPA age.

6. OFLC Issues Round 4 FAQs for H-1B, H-1B1, and E-3 Programs; Rescinds COVID-19 FAQs – The Department of Labor’s Office of Foreign Labor Certification (OFLC) has issued Round 4 of its frequently asked questions (FAQs) related to the Labor Condition Application for the H-1B, H-1B1 and E-3 programs. Also, OFLC has rescinded in full all COVID-19 FAQs.

7. USCIS Confirms Evidentiary Requirements for Physician National Interest Waivers – U.S. Citizenship and Immigration Services has issued policy guidance to confirm the evidentiary requirements for physicians seeking a national interest waiver of the job offer requirement based on work in an underserved area or at a U.S. Department of Veterans Affairs facility.

8. USCIS Launches New Online Appointment Request Form – U.S. Citizenship and Immigration Services announced a new online form for individuals, attorneys, and accredited representatives to request an in-person appointment at their local field office without having to call the USCIS Contact Center.

9. OFLC Issues FAQ for Employers on Effects of Hawaii Wildfires – The Department of Labor’s Office of Foreign Labor Certification has issued frequently asked questions for employers and their authorized attorneys or agents related to effects of the Hawaii wildfires, including extensions and methods of communication.

10. DHS, USCIS Reopen Field Office in Havana, Cuba – The Havana office will assist with U.S. immigration benefits and services. Services at the Havana Field Office will be available only by appointment.

11. Ukraine TPS Extended, Redesignated; Special Student Relief Announced – The Department of Homeland Security (DHS) is extending and redesignating Ukraine for Temporary Protected Status. DHS also announced special student relief for Ukraine.

12. Sudan TPS Extended, Redesignated; Special Student Relief Announced – The Department of Homeland Security (DHS) is extending and redesignating Sudan for Temporary Protected Status. DHS also announced special student relief for Sudan.

13. F-1 EADs May Take One to Two Weeks to Process After Adjudication, CIS Ombudsman Says – The CIS Ombudsman is reminding stakeholders that premium processing times are separate from work permit production timelines.

14. September Visa Bulletin Includes DV-2024 Results, Availability of Employment-Based Visas, Determination of Numerical Limit on Immigrants – The Department of State’s Visa Bulletin for September includes Diversity Visa 2024 lottery results, availability of employment-based visas during September, and determination of the numerical limit on immigrants for fiscal year 2023.

15. USCIS Reminds Employers About New I-9 Alternative Procedure – U.S. Citizenship and Immigration Services reminded employers that the new version of Form I-9, Employment Eligibility Verification, is now available for use. Among other changes, the new version incorporates an alternative procedure for E-Verify employers to remotely examine employee documents.

16. CBP Mobile App Facilitates More Than 170,000 Appointments in Six Months – The CBP One app is free and available to migrants in Central and Northern Mexico to schedule appointments to present themselves at a port of entry along the southwest border with the United States.

17. State Dept. Releases Fact Sheet on Reunification Parole With Work Authorization – The Department of State released a fact sheet on new family reunification parole processes for individuals from El Salvador, Guatemala, Honduras, and Colombia, and updated processes for individuals from Cuba and Haiti. Eligible individuals paroled into the United States under these processes can apply for work authorization.

18. ABIL Global: Australia – Home Affairs Minister Clare O’Neil announced critical changes to the Australian migration framework as part of her address to the National Press Club in Canberra on April 27, 2023.

New Publications and Items of Interest – New Publications and Items of Interest

ABIL Member / Firm News – ABIL Member / Firm News

Government Agency Links – Government Agency Links

Download:

ABIL Immigration Insider – September 2023


1. New York Leaders Press Biden Administration to Expedite Work Permits, DHS Notifies Migrants

New York City Mayor Eric Adams, along with city and union leaders, business leaders, and the governor of New York, pressed the Biden administration to expedite work permits and other types of aid for an estimated 100,000 migrants transported to the city from the southern U.S. border.

The New York City Council released a statement: “As an increasing number of people seeking asylum in the United States arrive in our city, it is critical that they be permitted to work legally to support themselves, their families, and our city. People seeking asylum can contribute immensely to our economy, and it is imperative that we facilitate this outcome.” New York Governor Kathy Hochul met with senior administration officials to discuss the situation and request expedited work authorization and funding for related costs.

The Biden administration has assessed that “a substantial number of recent migrants who arrived in New York City are currently work eligible but have not yet applied to get a work permit.” The administration plans to work with New York State and New York City in September “on a month of action to help close the gap between noncitizens who are eligible for work authorization and those who have applied, to meet labor needs in New York.” The administration said individuals “will receive direct communication by SMS and email, in English, Spanish, Haitian Creole, and other languages. This effort will include sending teams working across several lines of effort to support eligible migrants to apply for work authorizations.”

On August 31, 2023, the administration sent reminders via text and email to thousands of eligible migrants across the United States to apply for work authorization. “You are receiving this message because you were paroled into the U.S. You can apply for a work permit online,” one notice states. A notification for asylum-seekers says, “You are receiving this message because you applied for asylum and might soon be eligible to apply for a work permit.” A Department of Homeland Security (DHS) spokesperson confirmed that DHS has “launched a first-of-its-kind national campaign for noncitizens who are work-eligible but have not yet applied for employment authorization.”

An open letter that business leaders—including CEOs of many major corporations—sent August 28, 2023, to President Biden and congressional leaders said, “We write to support the request made by New York Governor Hochul for federal funding for educational, housing, security, and health care services to offset the costs that local and state governments are incurring with limited federal aid. In addition, there is a compelling need for expedited processing of asylum applications and work permits for those who meet federal eligibility standards.”

Details:

  • NYC Mayor Eric Adams Pushes Feds to Help Migrants Get Work Permits, ABC News (Aug. 31, 2023).
  • Top CEOs Call on Biden Administration to Address Migrant Influx in New York, ABC News (Aug. 29, 2023).
  • Readout of White House Meeting with Governor Hochul, White House (Aug. 30, 2023).
  • ‘Let Them Work’: Hochul Pressures Biden Over New York’s Migrant Surge, Politico (Aug. 24, 2023).
  • Open Letter to the President & Congressional Leaders from Concerned Business Leaders Regarding the Asylum-Seekers Humanitarian Crisis (Aug. 28, 2023).

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2. USCIS Announces Re-Parole Process for Certain Afghans

U.S. Citizenship and Immigration Services (USCIS) recently announced that the Office of Refugee Resettlement (ORR) has issued updated guidance clarifying that ORR benefits and services will be available to eligible Afghan parolees who have a pending re-parole application, a pending asylum application, or a pending adjustment of status application with USCIS. This guidance applies to eligible Afghan parolees whose initial period of parole expires while their applications are pending with USCIS, the agency said.

USCIS has announced that it will accept and consider, on a case-by-case basis, re-parole requests under § 212(d)(5) of the Immigration and Nationality Act (INA) from certain noncitizen Afghans paroled into the United States with “OAR” or “PAR” classes of admission.

These re-parole requests (from self-petitioners only) are exempt from:

  • The filing fee for re-parole application;
  • The filing fee for the Employment Authorization Document application; and
  • The requirement to file Form I-134, Declaration of Financial Support.

The USCIS alert explains eligibility requirements and application procedures, how to apply for fee-exempt re-parole, and how to request an employment authorization document.

Details:

  • “Re-Parole Process for Certain Afghans,” USCIS alert (Aug. 21, 2023).
  • “Continuation of ORR Services for Certain Afghans Who Have Filed for Re-Parole, Asylum, or Adjustment of Status,” ORR Policy Letter 23-06 (Aug. 1, 2023).

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3. Participants Sought for USCIS ‘myAccount’ Usability Study

U.S. Citizenship and Immigration Services (USCIS) is conducting a usability study for USCIS’ myAccount application, a platform designed to streamline access to U.S. government websites such as myUSCIS. USCIS seeks input to help it improve the user experience and the design of its application. USCIS would like to hear from a diverse group of people to gather feedback on myAccount. Recruitment for this test will close on Friday, September 15, 2023.

To participate, email [email protected] with the subject line, “myAccount Usability Testing,” and include age, gender identity, and racial and ethnic category. USCIS will randomly select participants for a 30-minute to one-hour session where it will ask for feedback on proposed designs. If you are selected, a single 30-minute to one-hour long session will be scheduled between Monday, September 25 and Friday, September 29. During the usability testing session, you will have the opportunity to join a video call from a computer (not a mobile device) via Microsoft Teams. Webcam usage is welcome but not mandatory. However, USCIS will require you to share your screen as you review the designs and allow the agency to record your audio and screen. Questions can be sent to [email protected].

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4. DOJ Sues SpaceX for Discriminating Against Asylees and Refugees in Hiring

The Department of Justice (DOJ) filed a lawsuit on August 24, 2023, against Space Exploration Technologies Corporation (SpaceX) for discriminating against asylees and refugees in hiring. The lawsuit alleges that from at least September 2018 to May 2022, SpaceX routinely discouraged asylees and refugees from applying and refused to hire or consider them because of their citizenship status, in violation of the Immigration and Nationality Act (INA).

DOJ noted that SpaceX “recruits and hires for a variety of positions, including welders, cooks, crane operators, baristas and dishwashers, as well as information technology specialists, software engineers, business analysts, rocket engineers and marketing professionals. The jobs at issue in the lawsuit are not limited to those that require advanced degrees.” DOJ alleged that in job postings and public statements over several years, “SpaceX wrongly claimed that under federal regulations known as ‘export control laws,’ SpaceX could hire only U.S. citizens and lawful permanent residents.” DOJ explained that export control laws “impose no such hiring restrictions. Moreover, asylees’ and refugees’ permission to live and work in the United States does not expire, and they stand on equal footing with U.S. citizens and lawful permanent residents under export control laws.”

DOJ said it seeks “fair consideration and back pay for asylees and refugees who were deterred or denied employment at SpaceX due to the alleged discrimination.” The agency also seeks civil penalties in an amount to be determined by the court and policy changes. DOJ invites affected people to contact the agency’s Civil Rights Division’s Immigrant and Employee Rights Section (IER) at [email protected] or 1-888-473-3845.

Details:

  • DOJ press release (Aug. 24, 2023).

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5. USCIS Updates Policy Guidance on CSPA ‘Sought to Acquire’ Requirement

U.S. Citizenship and Immigration Services (USCIS) announced on August 24, 2023, that it is updating the USCIS Policy Manual to clarify how it will apply the extraordinary circumstances exception to the “sought to acquire” requirement under the Child Status Protection Act (CSPA) in light of a February 14, 2023, policy change updating when an immigrant visa becomes available for the purpose of calculating an applicant’s CSPA age.

USCIS explained that the CSPA protects certain beneficiaries from losing their eligibility for immigrant visas and adjustment of status because they age during the immigration process and no longer qualify as a child for immigration purposes. To benefit from the CSPA, noncitizens must seek to acquire lawful permanent resident status within 1 year of when an immigrant visa becomes available, USCIS noted. The update:

  • Explains that USCIS considers the February 14 policy change to be an extraordinary circumstance that may excuse an applicant’s failure to meet the “sought to acquire” requirement;
  • Clarifies that the agency may excuse an applicant’s failure to meet the requirement if they did not apply to adjust status because they could not calculate their CSPA age under the prior policy or their CSPA age would have been calculated as over 21, but they are now eligible for CSPA age-out protection under the new policy; and
  • Clarifies that the agency considers applicants to have met the requirement if their application to adjust their status was pending on February 14 and they applied to adjust status within one year of a visa becoming available based on the Final Action Dates chart under the policy guidance that was in effect when they applied.

USCIS explained that under the policy guidance in effect before February 14, 2023, some noncitizens may not have applied to adjust status because a visa was not available to calculate their CSPA age under the prior policy or their CSPA age would have been calculated to be over 21 years old. If these noncitizens apply to adjust their status under the new policy issued on February 14, USCIS said, they may not be able to meet the one-year “sought to acquire” requirement. “However, noncitizens who do not meet this requirement may still benefit from the CSPA if they can establish that their failure to meet the requirement was the result of extraordinary circumstances,” USCIS noted.

USCIS said it welcomes feedback on this guidance and will consider any comments received in future updates. Comments can be submitted via the Policy Manual Feedback page.

Details:

  • USCIS alert (Aug. 24, 2023).

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6. OFLC Issues Round 4 FAQs for H-1B, H-1B1, and E-3 Programs; Rescinds COVID-19 FAQs

The Department of Labor’s Office of Foreign Labor Certification (OFLC) has issued Round 4 of its frequently asked questions (FAQs) related to the Labor Condition Application (LCA/ETA Form 9035/9035E) for the H-1B, H-1B1 and E-3 visa programs.

Also, as of August 24, 2023, OFLC has rescinded in full all COVID-19 FAQs, which includes Round 1 (published March 20, 2020); Round 2 (published April 1, 2020); Round 3 (published April 9, 2020); and Round 4 (published June 3, 2020). The processing centers have resumed normal operations. All other FAQs not related to COVID-19 remain in full effect, OFLC said.

Details:

  • OFLC FAQ on H-1B, H-1B1, and E-3 Programs (Aug. 24, 2023).
  • OFLC Rescinds All FAQs Regarding COVID-19 (scroll to Aug. 24, 2023).

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7. USCIS Confirms Evidentiary Requirements for Physician National Interest Waivers

U.S. Citizenship and Immigration Services (USCIS) has issued policy guidance, effective August 16, 2023, to confirm the evidentiary requirements for physicians seeking a national interest waiver of the job offer requirement based on work in an underserved area or at a U.S. Department of Veterans Affairs facility.

The updated guidance confirms that for physician national interest waiver petitions, the required contracts and public health letters must be dated within six months immediately before the petition filing date only for work that the physician has not yet started. The six-month requirement does not apply to work that the physician has already started or has completed before the petition filing date, USCIS said.

Details:

  • USCIS Policy Alert (Aug. 16, 2023).

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8. USCIS Launches New Online Appointment Request Form

On August 21, 2023, U.S. Citizenship and Immigration Services (USCIS) announced a new online form for individuals, attorneys, and accredited representatives to request an in-person appointment at their local field office without having to call the USCIS Contact Center.

The online appointment request form allows individuals or legal representatives to request an in-person appointment at a field office, for ADIT stamps, Emergency Advance Parole, Immigration Judge Grants, and more, USCIS said. The USCIS Contact Center will review submitted forms and the availability of in-person appointments at a specific field office. The agency said that individuals “may request a specific date and time for an in-person appointment, but USCIS cannot guarantee that the requested appointment date will be scheduled. USCIS will confirm and schedule the individual for an available in-person appointment date and time.”

Details:

  • USCIS alert (Aug. 21, 2023).

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9. OFLC Issues FAQ for Employers on Effects of Hawaii Wildfires

The Department of Labor’s Office of Foreign Labor Certification (OFLC) has issued frequently asked questions (FAQs) for employers and their authorized attorneys or agents related to effects of the Hawaii wildfires, including extensions and methods of communication.

Among other things, the FAQs note that OFLC will continue to contact employers and their authorized attorneys or agents primarily using email and—where email addresses are not available—will use U.S. mail, if available. If an employer is impacted by internet and power outages, employers may contact OFLC using the phone numbers listed in the FAQs. For each of OFLC’s programs, the agency said the most effective means of communicating with OFLC is through the established Foreign Labor Application Gateway (FLAG) or the PERM Case Management System. If an employer or its authorized attorney or agent is unable to communicate with OFLC through FLAG or the PERM system, alternative methods of contacting OFLC regarding each of OFLC’s programs are provided in the FAQs.

OFLC said it will grant extensions of time and deadlines for affected employers and/or their authorized attorneys or agents, including for delays caused by the wildfires in Hawaii and those resulting from businesses preparing to adjust their normal operations due to the wildfires in Hawaii. OFLC said it may extend deadline flexibility to employers and/or their authorized attorneys or agents who are outside a Federal Emergency Management Agency-designated “major disaster” area but are impacted in such a way as to affect their ability to meet OFLC deadlines. OFLC said it will evaluate such requests on a case-by-case basis.

Details:

  • OFLC FAQ re Hawaii Wildfires (Aug. 18, 2023).

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10. DHS, USCIS Reopen Field Office in Havana, Cuba

On August 17, 2023, the Department of Homeland Security (DHS), through U.S. Citizenship and Immigration Services (USCIS), announced the reopening of an international field office in Havana, Cuba.

According to a DHS news release, “USCIS’ renewed presence in Cuba is part of an effort to restore USCIS’ footprint outside the United States. These efforts are consistent with the Biden-Harris Administration’s commitment to facilitate safe, legal, and orderly migration while discouraging irregular and dangerous maritime migration.” Under the previous administration, DHS explained, USCIS closed the Havana Field Office on December 10, 2018, due to a reallocation of agency resources and the long-term suspension of operations in 2017 after the Department of State ordered all non-essential personnel and families to leave Cuba.

The Havana office will assist with U.S. immigration benefits and services, including conducting interviews and processing cases for pending Cuban Family Reunification Parole (CFRP) cases and refugee/asylee relative petitions. The USCIS Havana Field Office also will provide other limited services, which may include refugee processing and other limited appointment-only services such as collecting biometrics for U visa applications. Services at the Havana Field Office will be available only by appointment.

Details:

  • DHS notice (Aug. 17, 2023).
  • USCIS notice (Aug. 17, 2023).

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11. Ukraine TPS Extended, Redesignated; Special Student Relief Announced

The Department of Homeland Security (DHS) is extending and redesignating Ukraine for Temporary Protected Status (TPS). The extension allows approximately 26,000 current beneficiaries to retain TPS through April 19, 2025, if they continue to meet TPS eligibility requirements. An estimated 166,700 additional individuals may be eligible for TPS under the redesignation of Ukraine. This population includes nationals of Ukraine (and individuals without nationality who last habitually resided in Ukraine) in the United States in nonimmigrant status or without lawful immigration status, DHS said. DHS also announced special student relief for Ukraine.

The extension is for 18 months, beginning on October 20, 2023, and ending on April 19, 2025. Existing TPS beneficiaries who wish to extend their status through April 19, 2025, must re-register during the 60-day re-registration period (August 21, 2023, through October 20, 2023). Recognizing that not all re-registrants may receive a new Employment Authorization Document (EAD) before their current EAD expires, U.S. Citizenship and Immigration Services (USCIS) is automatically extending previously issued Ukraine TPS-related EADs through October 19, 2024.

The redesignation of Ukraine allows additional Ukraine nationals (and individuals having no nationality who last habitually resided in Ukraine) who have been continuously residing in the United States since August 16, 2023, to apply for TPS for the first time during the initial registration period (August 21, 2023, through April 19, 2025).

The Federal Register notice explains the eligibility criteria, timelines, and procedures necessary for current beneficiaries to re-register and renew their employment authorization documents (EADs), and for new applicants to submit an initial application under the redesignation and apply for an EAD.

Also, effective October 20, 2023, through April 19, 2025, DHS is suspending certain regulatory requirements for F-1 nonimmigrant students whose country of citizenship is Ukraine, regardless of country of birth (or individuals having no nationality who last habitually resided in Ukraine), and who are experiencing severe economic hardship as a result of the current war in Ukraine. Such students may request employment authorization, work an increased number of hours while school is in session, and reduce their course loads while continuing to maintain their F–1 nonimmigrant student status. DHS said it will deem an F-1 nonimmigrant student granted 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.

Details:

  • Federal Register TPS notice (advance copy; to be published August 21, 2023).
  • Federal Register special student relief notice (advance copy; to be published August 21, 2023).
  • DHS news release (Aug. 18, 2023).

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12. Sudan TPS Extended, Redesignated; Special Student Relief Announced

The Department of Homeland Security (DHS) is extending and redesignating Sudan for Temporary Protected Status (TPS). The extension allows approximately 1,200 current beneficiaries to retain TPS through April 19, 2025, if they continue to meet TPS eligibility requirements. An estimated 2,750 additional individuals may be eligible for TPS under the redesignation of Sudan. This population includes nationals of Sudan (and individuals without nationality who last habitually resided in Sudan) in the United States in nonimmigrant status or without lawful immigration status, DHS said. DHS also announced special student relief for Sudan.

The extension is for 18 months, beginning on October 20, 2023, and ending on April 19, 2025. Existing TPS beneficiaries who wish to extend their status through April 19, 2025, must re-register during the 60-day re-registration period (August 21, 2023, through October 20, 2023).

The redesignation of Sudan allows additional Sudanese nationals (and individuals having no nationality who last habitually resided in Sudan) who have been continuously residing in the United States since August 16, 2023, to apply for TPS for the first time during the initial registration period, which begins on the date of publication in the Federal Register and is effective through April 19, 2025.

The Federal Register notice explains the eligibility criteria, timelines, and procedures necessary for current beneficiaries to re-register and renew their Employment Authorization Documents (EADs), and for new applicants to submit an initial application under the redesignation and apply for an EAD.

Also, effective October 20, 2023, through April 19, 2025, DHS is suspending certain regulatory requirements for F-1 nonimmigrant students whose country of citizenship is Sudan, regardless of country of birth (or individuals having no nationality who last habitually resided in Sudan), and who are experiencing severe economic hardship as a direct result of the current crisis in Sudan. Such students may request employment authorization, work an increased number of hours while school is in session, and reduce their course loads while continuing to maintain their F–1 nonimmigrant student status. DHS said it will deem an F-1 nonimmigrant student granted 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.

Details:

  • Federal Register TPS notice (advance copy; to be published August 21, 2023).
  • Federal Register student relief notice (advance copy; to be published August 21, 2023).
  • DHS news release (Aug. 18, 2023).

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13. F-1 EADs May Take One to Two Weeks to Process After Adjudication, CIS Ombudsman Says

Earlier this year, U.S. Citizenship and Immigration Services (USCIS) rolled out premium processing for F-1 students seeking optional practical training (OPT) or science, technology, engineering, and mathematics (STEM) OPT extensions. As students began to file premium processing requests, stakeholders informed the Citizenship and Immigration Services (CIS) Ombudsman that they were experiencing delays in receiving their Employment Authorization Documents (EADs). The CIS Ombudsman is reminding stakeholders that premium processing times are separate from work permit production timelines.

Specifically, the 30-day premium processing timeframe does not include the time it takes to produce an EAD. When an F-1 student files Form I-907, Request for Premium Processing Service, for a work authorization application (Form I-765), the EAD may take one to two weeks to be produced after U.S. Citizenship and Immigration Services (USCIS) approves the Form I-765 application. USCIS will then mail the EAD via U.S. Postal Service “Informed Delivery.” Wait times may vary depending on USPS delivery times.

Details:

  • CIS Ombudsman email broadcast (Aug. 15, 2023).

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14. September Visa Bulletin Includes DV-2024 Results, Availability of Employment-Based Visas, Determination of Numerical Limit on Immigrants

The Department of State’s (DOS) Visa Bulletin for September includes Diversity Visa 2024 (DV-2024) lottery results, availability of employment-based visas during September, and determination of the numerical limit on immigrants for fiscal year (FY) 2023.

Diversity Visa Lottery Results

The bulletin notes that the Kentucky Consular Center in Williamsburg, Kentucky, has registered and notified the selectees who are eligible to participate in the DV-2024 program. Entrants registered for the DV-2024 program were selected at random from 22,185,619 qualified entries. The selectee numbers for each country are listed in the bulletin.

During the visa interview, principal applicants must provide proof of a high school education or its equivalent, or two years of work experience in an occupation that requires at least two years of training or experience within the past five years. “Those selected will need to act on their immigrant visa applications quickly,” the bulletin advises. Approximately 143,000 prospective applicants (selectees and their spouses and children) have been registered. Once the total 55,000 visa numbers have been used, the program for fiscal year 2024 will end. Selectees who do not receive visas or status by September 30, 2024, will derive no further benefit from their DV-2024 registration, the bulletin says.

DOS said that the dates for the DV-2025 program registration period will be widely publicized in the coming months.

Availability of Employment-Based Visas

The bulletin explains that employment-based number use by both U.S. Citizenship and Immigration Services (USCIS) and DOS has been steady during this fiscal year. As a result, most employment-based preference category limits and/or the overall employment-based preference limit for FY 2023 are expected to be reached during September. If the annual limit is reached, the preference category will immediately become unavailable.

Determination of Numerical Limit on Immigrants

DOS has determined that the employment preference numerical limit for FY 2023 is 197,091. For FY 2023, the per-country limit is 29,616. The dependent area annual limit is 2%, or 8,462.

Details:

  • Visa Bulletin for September 2023, Dept. of State.

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15. USCIS Reminds Employers About New I-9 Alternative Procedure

U.S. Citizenship and Immigration Services (USCIS) reminded employers that the new version of Form I-9, Employment Eligibility Verification, is now available for use. The new version incorporates an alternative procedure for E-Verify employers to remotely examine employee documents. Other changes include shortening the form to one page and reducing the instructions to eight pages.

Employers can use the form immediately, USCIS said. The Form I-9 dated “10/19/2019” may continue to be used through October 31, 2023. The version date can be found at the lower left corner of the form. Beginning November 1, 2023, only the new Form I-9 dated “08/01/23” may be used.

Details:

  • USCIS alert (Aug. 1, 2023).

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16. CBP Mobile App Facilitates More Than 170,000 Appointments in Six Months

The Department of Homeland Security (DHS) announced on August 3, 2023, that the U.S. Customs and Border Protection (CBP) mobile app, CBP One, has facilitated more than 170,000 appointments in six months.

The CBP One app is free and available to migrants in Central and Northern Mexico to schedule appointments to present themselves at a port of entry (POE) along the southwest border with the United States. Individuals who present at one of eight POEs (Nogales, Brownsville, Eagle Pass, Hidalgo, El Paso, Calexico, and San Ysidro) with CBP One appointments along the southwest border are vetted and processed. The process includes biographic and biometric security vetting and background screening, DHS said.

DHS said the number of available appointments has increased to 1,450 per day, up nearly 50 percent from the 1,000 appointments per day on May 12, 2023, when the process started.

Details:

  • DHS Fact Sheet (Aug. 3, 2023).

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17. State Dept. Releases Fact Sheet on Reunification Parole With Work Authorization

The Department of State (DOS) released a fact sheet on August 7, 2023, on new family reunification parole processes for individuals from El Salvador, Guatemala, Honduras, and Colombia, and updated processes for individuals from Cuba and Haiti. Nationals of these countries may be considered for parole on a case-by-case basis for a period of up to three years while they apply to become a lawful permanent resident pursuant to their approved I-130 petition.

DOS said these processes “will allow vetted individuals with approved family-based petitions to be paroled into the United States, on a case-by-case basis.” Eligible individuals paroled into the United States under these processes can apply for work authorization.

Details:

  • DOS fact sheet (Aug. 7, 2023).

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18. ABIL Global: Australia

Home Affairs Minister Clare O’Neil announced critical changes to the Australian migration framework as part of her address to the National Press Club in Canberra on April 27, 2023.

The new Labor government commissioned a significant review of Australia’s migration framework after the Home Affairs Minister, Clare O’Neil, determined that the existing legislative framework was not working to serve Australia’s needs. Over the years, Australia’s migration policies changed to effectively create a niche group of temporary residents known as “permanently temporary.” They have been part of Australia for years, having worked there, had children, and become part of the community, but they could never access permanent residence. Permanent migration is now the focus of this new government.

TSMIT Increase—July 2023 and the Future

In the biggest-ever change to sponsored temporary work visas, known as 482 or 457 visas, in 2023 the government announced an increase in the minimum salary that must be paid to a sponsored visa holder. This is known as the Temporary Skilled Migration Income Threshold (TSMIT). The TSMIT has not changed since 2009, and until June 30, 2023, the minimum salary was set at $53,900 AUD.

After reviewing the visa program, the government announced that all new 482 sponsorships lodged after July 1, 2023, must be paid a minimum TSMIT of $70,000 AUD base salary, excluding compulsory superannuation guarantees. The Grattan Institute, a public policy think tank, recommended the increase to $70,000 after reporting that the average 457 visa holder in Australia was earning about $75,000 anyway. The increase in the minimum salary also reflected the true cost of living in Australia and was much more attuned to the labor market than the original $53,900 salary set in 2009.

Permanent Australians

The Home Affairs Minister also said that all temporary skilled workers will have a pathway to permanent residence by the end of 2023. It is likely that the government is working on the regulations for release later in the year. However, like most government announcements, it may take place much later than the anticipated timeframe—to carve out the correct legal framework to ensure that some 1.8 million temporary visa holders currently in Australia have a secure pathway to permanent residence. Australian immigration lawyers are patiently waiting to examine the new legislation when it becomes available.

To continue to attract the “best and brightest” not only to fulfill critical skills shortages but also to drive up innovation, the government made other announcements:

  • High-performing student visa holders will have a pathway to permanent residence.
  • Requirements are being tightened for international student visa holders and applicants to attract and retain bright minds and skills attributable to Australia.
  • The points-tested visas will be overhauled and the search for global talent to build the country’s future will be increased.
  • Three new pathways for temporary skilled migrants will include:
    • A fast and simple route for highly skilled workers to drive innovation and jobs growth;
    • A mainstream pathway to bring in core skills, including migrants earning above the TSMIT and middle-income earners; and
    • Essential industries to cater to sectors such as aged care.

While some 482 visa holders are eligible to access permanent residence now, the legislation has yet to be released to support the government’s intentions for growth. For now, Australia remains a lucrative destination, open for business again and ready to recover from the global impact of the COVID-19 pandemic.

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New Publications and Items of Interest

E-Verify has launched a webpage on remote examination of employees’ Form I-9 documents, and has announced upcoming webinars.

The American Immigration Lawyers Association has provided feedback on the FY 2024 H-1B Electronic Registration System. Topics include duplicate registrations, training materials, MyUSCIS accounts, Form G-28 employer issues, duplicative data entry, and staff/associate attorney options, among others.

The O*NET 28.0 Database release in August 2023 updates 90 occupations with data from job incumbents and occupational experts, the O*NET Resource Center announced. This type of data is available for a total of 853 O*NET-SOC occupations. This release also updates Detailed Work Activities (DWAs) for 65 occupations. For more information on these updates, see O*NET 28.0 Database Overview. The new data is incorporated within My Next Move, Mi Próximo Paso, My Next Move for Veterans, and O*NET OnLine. Download the database from the Resource Center. Developers can also access the latest data from O*NET Web Services. The May 2023 release (27.3) of the O*NET Database includes 924 technology skill linkages related to 282 occupations added from employer job postings.

U.S. Citizenship and Immigration Services (USCIS) has updated its Policy Manual to clarify voter registration access at its administrative naturalization ceremonies. The updated guidance: (1) affirms that USCIS provides access to voter registration services at each administrative naturalization ceremony, including information regarding points of contact for voting and voter registration; (2) provides that USCIS offices request that election officials from state or local government election offices attend ceremonies to distribute, collect, and review voter registration applications and to officially register new citizens to vote; (3) affirms that USCIS offices coordinate with nonpartisan, nongovernmental organizations for voter registration services when state and local government election officials are not available; and (4) provides that, to the extent feasible, USCIS offices invite governmental or nongovernmental organizations offering on-site voter registration services the opportunity to introduce themselves and address the naturalization candidates before the ceremony.

The Department of Homeland Security and the General Services Administration plan to use $288 million in Inflation Reduction Act funds to complete three construction projects: the relocation of the U.S. Cybersecurity & Infrastructure Security Agency (CISA) Headquarters and Immigration & Customs Enforcement (ICE) Headquarters to the St. Elizabeths campus in southeast Washington, DC, and building a new 1,500-space parking garage, the agencies announced on August 17, 2023. The new construction will provide additional office space for approximately 6,500 personnel, DHS said.

Americans for Immigrant Justice and the American Immigration Lawyers Association released a shareable flyer on employment and E-Verify considerations for Florida employers. The flyer notes that effective July 1, 2023, a new Florida law (SB 1718) makes it a violation of state law for any person to knowingly employ, hire, recruit, or refer, either for themselves or on behalf of another, for private or public employment a foreign national who is not authorized to work in the United States. Under the new law, an employer can be penalized for failing to verify employment authorization. Moreover, a noncitizen who uses false identification documents to obtain employment can be charged with a crime. The new law requires employers to verify new employees’ work authorization within three business days and requires private employers who employ 25 or more employees to use E-Verify to confirm new employees’ work authorization. According to the flyer, employers will have 30 days to cure any noncompliance. Failure to use the E-Verify system three times in a 24-month period will result in a $1,000 fine per day until proof of compliance is provided.

The Department of Homeland Security released a fact sheet, “U.S. Has Expanded Labor Visa Opportunities.” The fact sheet states that this year, the United States increased the number of available H-2B temporary work visas. The fact sheet notes that the Department of Homeland Security, in consultation with the Departments of Labor and State, made available nearly 65,000 additional H-2B visas for temporary nonagricultural workers to come to the U.S. in fiscal year 2023, including 20,000 visas allocated for workers from Haiti, El Salvador, Guatemala, and Honduras. Of these, 57,000 have already been issued, the fact sheet says. The fact sheet includes links to requirements to participate in the H-2B program in English and Spanish, and DOL workers’ rights cards in English and Spanish.

The Department of Labor’s Office of Foreign Labor Certification (OFLC) released the H-2B foreign labor recruiter list for Q3 of fiscal year (FY) 2023 on August 15, 2023, along with frequently asked questions. The list contains the name and location of persons or entities identified on Appendix C of the Form ETA-9142B that were hired by, or working for, the recruiter that employers have indicated they engaged, or planned to engage, in the recruitment of prospective H-2B workers to perform the work described on their H-2B application. The H-2B Foreign Labor Recruiter List includes only those names and locations associated with H-2B applications that were processed or issued a final decision during the October 1, 2022, through June 30, 2023. On the same date, OFLC also released public disclosure data and selected program statistics for Q3 of FY 2023.

Immigration agency X (formerly Twitter) accounts:

  • EOIR: @DOJ_EOIR
  • ICE: @ICEgov
  • Study in the States: @StudyinStates
  • USCIS: @USCIS

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

Alliance of Business Immigration Lawyers:

  • ABIL is available on X (formerly Twitter): @ABILImmigration
  • Recent ABIL member blogs are at http://www.abilblog.com/

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ABIL Member / Firm News

Cyrus Mehta and Kaitlyn Box have co-authored several new blog posts: USCIS Updates Policy Guidance on CSPA ‘Sought to Acquire’ After Using Filing Date to Protect Age of the Child, and Will United States v. Hansen Come Back to Bite Trump?

Mr. Mehta and Jessica Paszko have authored a new blog post: “Changes in Work From Home Policies After Labor Certification Has Been Filed.”

WR Immigration has published a new blog post: USCIS Policy Updates on CSPA Age Calculation & ‘Sought to Acquire’ Requirement under CSPA on Adjustment of Status Cases—Confusion and Heartbreak for Consular Processing Applicants.

WR Immigration will present the next installment of the “Chatting with Charlie” series at 11 a.m. on September 21, 2023. The topic will be “September 2023 Visa Bulletin Update.”

WR Immigration has published a new blog entry by Dara Lind: “CBP’s Continued ‘Turnbacks’ Are Sending Asylum Seekers Back to Lethal Danger.”

Klasko Immigration Law Partners, LLP, has published a new blog post: Canada’s Tech Talent Strategy: A Creative Option for U.S. Employers?

Stephen Yale-Loehr was quoted by New York Daily news in NYC Mayor Adams Again Urges Feds to ‘Stand Up,’ Accelerate Work Permits for Migrants Amid Crisis. Mr. Yale-Loehr said that U.S. Citizenship and Immigration Services was gutted under former President Donald Trump and has worked to catch up under President Biden. He noted that the 150-day delay between asylum applications and work permit requests cannot be changed without an act of Congress, a step considered highly unlikely in the Republican-controlled House of Representatives. The federal government reported that it is processing 80 percent of asylum-seekers’ work authorization submissions within two months, he said.

Mr. Yale-Loehr was quoted by the Albany Times-Union in Asylum Cases Lag As Migrants Lack Required Casework. He noted a lack of clarity around the intersection of homelessness and migrants in the law. But he said one thing was clear: “There are a lot of issues that need to be resolved and so far there does not seem to be any coordination between state and local authorities to figure this out.”

Mr. Yale-Loehr was quoted by WENY TV in “The Migrant Crisis Battle Between New York City and Upstate New York.” He said the influx of migrants has cost New York City over a billion dollars and as a result, led Mayor Eric Adams to consider relocating migrants to upstate counties. “It became clear that some of these migrants were going to be coming to Upstate New York. Counties, including Cortland County and Onondaga County, issued local ordinances forbidding New York City from sending those migrants to upstate New York.” Mr. Yale-Loehr said the legal issue “is whether there’s a provision in the New York state constitution that requires not just the city of New York, but the whole state to provide a right to shelter. That issue is complicated and it’s before a judge now and we’ll see how the judge rules.” He suggested that a better action plan needs to be implemented across the country overall: “We need to persuade Congress to appropriate more money to help states who have these immigrants. And we need to persuade state legislators that this money should be appropriated from the state to deal with this. And we need to do it at a state level rather than a county-by-county or New York City versus upstate level.”

Mr. Yale-Loehr was quoted by The Guardian in “My Goals in Life Vanished: Afghan Students Rocked by U.S. Visa Denials.” He said, “For countries like Afghanistan or others where there is war, or other problems, it can be particularly hard to show that you intend to return home after you finish your studies in the United States.” Mr. Yale-Loehr also said, “We really have failed the people of Afghanistan in so many ways, going more broadly than just Afghan students.” He noted that a visa rule commonly referred to as the “immigrant intent” test is part of the reason students from Africa and the Middle East face higher visa denial rates than students from western European countries. “It’s basically the discretion of the consular officer that decides whether the person overcomes that requirement. It really depends on the consular officer and whether they’re feeling generous that day or not.”

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Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

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

Department of State Visa Bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

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https://www.abil.com/wp-content/uploads/2021/09/ABIL_Logo-2021.png 0 0 ABIL https://www.abil.com/wp-content/uploads/2021/09/ABIL_Logo-2021.png ABIL2023-09-03 11:31:572023-10-16 14:17:47ABIL Immigration Insider • September 3, 2023

ABIL Immigration Insider • September 1, 2022

September 01, 2022/in Immigration Insider /by ABIL

In this issue:

1. Visa Bulletin for September Notes ‘Steady Increase’ in Demand for Employment-Based Visas – Beginning September 1, 2022, U.S. Citizenship and Immigration Services will no longer accept a single, combined fee payment when an applicant or petitioner files EB-5 applications or petitions with related forms.

2. E-Verify Updates Initial Enrollment Process – The updates include new screens and requirements to ensure consistency with other pages in E Verify.

3. COVID-19 Vaccination Requirements Updated for Ukraine Parolees – All beneficiaries under the Uniting for Ukraine program aged 6 months and older must submit an attestation that they received COVID-19 vaccinations both before traveling to the United States and after arrival in the United States, unless they are eligible for an exception.

4. DHS, DOL Publish Semiannual Regulatory Agendas – The agendas give an overview of what the agencies are considering during the upcoming one-year period.

5. EOIR Warns of Scammers Spoofing Agency Phone Number – In this scam, fraudulent callers posing as Executive Office for Immigration Review employees or officers advise individuals that their social security number has been compromised and request money from the victims.

6. DHS Proposes to Allow for Alternatives to Physical Document Examination for I-9 Verification – The proposed rule would create a framework under which the Secretary of Homeland Security could authorize alternative options for document examination procedures for some or all employers.

7. Reports: Visa Delays and Unprecedented Wait Times Cause Problems for Workers, Employers – Visa delays, backlogs, and unprecedented wait times at U.S. embassies and consulates are causing disruptions for workers and companies, particularly those employing workers in temporary statuses who need to renew their visas outside the United States.

8. USCIS Clarifies Eligibility Determinations for L-1 Nonimmigrant Managers, Executives, and Specialized Knowledge Workers – U.S. Citizenship and Immigration Services issued a policy alert to clarify how the agency determines eligibility for L-1 nonimmigrants seeking classification as managers or executives (L-1A) and specialized knowledge workers (L-1B).

9. OFLC Releases Public Disclosure Data, Statistics, Foreign Labor Recruiter List and FAQ – The Department of Labor’s Office of Foreign Labor Certification has released new information.

10. DHS Announces Final Rule to ‘Preserve and Fortify’ DACA Policy – The rule, effective October 31, 2022, continues the Deferred Action for Childhood Arrivals policy announced in a 2012 memorandum that DACA recipients should not be a priority for removal.

11. USCIS Reaches FY 2023 H-1B Cap – U.S. Citizenship and Immigration Services has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption for FY 2023.

12. DV-2023 Selectees Only Need to Submit Application Form to Kentucky Consular Center, Not Supporting Docs, DOS Says – For DV-2023, selectees only need to submit to the Kentucky Consular Center the DS-260 immigrant visa application form for themselves and any accompanying family members, not supporting documentation.

13. E-Verify Reports System Outages During Case Creation – Users may experience system timeouts and increased processing times when creating and submitting cases.

14. Labor Dept. Reports FLAG System Issues – The Department of Labor recommended that users “carefully review the Adobe PDF decision documents generated by the FLAG system for accuracy and completeness.”

New Publications and Items of Interest – New Publications and Items of Interest

ABIL Member / Firm News – ABIL Member / Firm News

Government Agency Links – Government Agency Links

Download:

ABIL Immigration Insider – September 2022 – 1
ABIL Immigration Insider – September 2022 – 2

ABIL Immigration Insider – September 2022 – 3


1. Visa Bulletin for September Notes ‘Steady Increase’ in Demand for Employment-Based Visas

The Department of State’s (DOS) Visa Bulletin for September notes a steady increase in both U.S. Citizenship and Immigration Services and Department of State demand patterns for employment-based visas during the fiscal year. As a result, the Department expects that most employment-based preference category limits and/or the overall employment-based preference limit for FY 2022 to be reached during September. If the annual limit were reached, “it would be necessary to immediately make the preference category ‘unavailable,’ and no further requests for numbers would be honored,” the bulletin states.

For adjustment of status filing dates for September 2022, the Final Action Dates chart in the Visa Bulletin must be used for employment-based preference categories.

The bulletin also notes that the worldwide employment-based preference numerical limit for FY 2022 is 281,507.

Details:

  • Visa Bulletin for September 2022, Dept. of State, https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2022/visa-bulletin-for-september-2022.html
  • USCIS Adjustment of Status Filing Dates for September 2022, Aug. 8, 2022, https://www.aila.org/infonet/adjustment-of-status-filing-dates-september-2022

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2. E-Verify Updates Initial Enrollment Process

E-Verify notified users via email on August 11, 2022, that it has updated the Initial Enrollment process. The updates include new screens and requirements to ensure consistency with other pages in E‑Verify. As a result, several changes affect users:

  • Anyone enrolling a company in E‑Verify will have to set up a temporary user account to complete the enrollment process. This person is called the Enrollment Point of Contact (POC). The Enrollment POC is a different role from the POC on the E‑Verify account and can only access E‑Verify to complete a company enrollment.
  • The person identified as the Memorandum of Understanding (MOU) signatory will become the E‑Verify POC. Program Administrators added during enrollment will not become E‑Verify POCs.
  • Corporate Administrators are not required to sign an MOU. As a result, the Corporate Administrator user will be the E‑Verify POC.
  • Only one Corporate Administrator user can be added during the enrollment process.
  • Corporate Administrators who add a new child company location (employer) must add an MOU signatory and at least one Program Administrator for the child company they are enrolling in E‑Verify.

 

 

Details:

  • E-Verify Enrollment Process, https://www.e-verify.gov/employers/enrolling-in-e-verify/the-enrollment-process

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3. COVID-19 Vaccination Requirements Updated for Ukraine Parolees

The Department of Homeland Security (DHS) has updated the COVID-19 vaccination requirements for beneficiaries paroled into the United States under the “Uniting for Ukraine” program. Effective August 10, 2022, all beneficiaries aged 6 months and older must submit an attestation that they received COVID-19 vaccinations both before traveling to the United States and after arrival in the United States, unless they are eligible for an exception.

Previously, beneficiaries younger than five years old qualified for an exception to the COVID-19 vaccination requirement because the vaccine was not approved or licensed for use in that age group.

Details:

  • U.S. Citizenship and Immigration Services alert, Aug. 10, 2022, https://www.uscis.gov/newsroom/alerts/updated-covid-19-vaccination-requirements-for-uniting-for-ukraine-parolees

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4. DHS, DOL Publish Semiannual Regulatory Agendas

On August 8, 2022, the Departments of Homeland Security (DHS) and Labor (DOL) published their semiannual regulatory agendas, which summarize projected and existing regulations. The agendas give an overview of what the agencies are considering during the upcoming one-year period. Below are selected highlights:

  • Among other things, DHS plans to propose adjusting the fees charged by U.S. Citizenship and Immigration Services (USCIS) for immigration and naturalization benefit requests. On August 3, 2020, DHS adjusted the fees, imposed new fees, revised certain fee waiver and exemption policies, and changed certain application requirements via a rule. DHS was preliminarily enjoined by court order from implementing that rule. This rule would rescind and replace the changes made by the August 3, 2020, rule and establish new USCIS fees.
  • Also, DOL’s Employment and Training Administration and Wage and Hour Division, and DHS/USCIS, plan to jointly propose to amend H-2B nonimmigrant visa program regulations. The proposed rule would establish standards and procedures for employees seeking to hire foreign temporary nonagricultural workers for certain itinerant job opportunities, including entertainers and carnivals and utility regulation management.

Details:

  • Unified Agenda of Federal Regulatory and Deregulatory Actions, Dept. of Homeland Security, 87 Fed. Reg. 48294 (Aug. 8, 2022), https://www.govinfo.gov/content/pkg/FR-2022-08-08/pdf/2022-14604.pdf
  • Semiannual Agenda of Regulations, Dept. of Labor, 87 Fed. Reg. 48308 (Aug. 8, 2022), https://www.govinfo.gov/content/pkg/FR-2022-08-08/pdf/2022-14607.pdf

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5. EOIR Warns of Scammers Spoofing Agency Phone Number

The Executive Office for Immigration Review (EOIR) announced that it has recently been notified of phone calls that spoof the Arlington Immigration Court as part of a misinformation campaign. The callers often “spoof,” or fake, the immigration court’s main line, 703-305-1300, so the calls appear to be coming from EOIR on the recipient’s caller ID.

In this scam, fraudulent callers posing as EOIR employees or officers advise individuals that their social security number has been compromised and request money from the victims.

Questions about individual immigration court cases may be directed to the Automated Case Information Hotline at 1-800-898-7180, the Automated Case Information System, or the Immigration Court Online Resource.

Details:

  • EOIR release, Aug. 3, 2022, https://www.justice.gov/eoir/pr/eoir-warns-scammers-spoofing-agency-phone-number-0
  • Automated Case Information System, https://acis.eoir.justice.gov/en/
  • Immigration Court Online Resource, https://icor.eoir.justice.gov/en/

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6. DHS Proposes to Allow for Alternatives to Physical Document Examination for I-9 Verification

On August 18, 2022, the Department of Homeland Security (DHS) proposed a rule to allow for alternative document verification procedures for Form I-9, Employment Eligibility Verification. The proposed rule would create a framework under which the Secretary of Homeland Security could authorize alternative options for document examination procedures for some or all employers.

According to the notice of proposed rulemaking (NPRM), such procedures could be implemented as part of a pilot program; upon the Secretary’s determination that such procedures offer an equivalent level of security; or as a temporary measure to address a public health emergency declared by the Secretary of Health and Human Services under the Public Health Service Act, or a national emergency declared by the President under the National Emergencies Act.

The NPRM notes that in light of advances in technology and remote work arrangements, the Department of Homeland Security (DHS) is exploring alternative options, including making permanent some of the COVID-19 pandemic-related flexibilities to examine employees’ identity and employment authorization documents for the Form I–9. The rule would not create such alternatives but would instead formalize the authority for the DHS Secretary “to extend flexibilities, provide alternative options, or conduct a pilot program to further evaluate an alternative procedure option (in addition to the procedures set forth in regulations) for some or all employers, regardless of whether their employees physically report to work at a company location.” DHS said it would introduce any such alternative procedure in a future Federal Register notice.

Details:

  • 87 Fed. Reg. 50786 (Aug. 18, 2022), https://www.govinfo.gov/content/pkg/FR-2022-08-18/pdf/2022-17737.pdf

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7. Reports: Visa Delays and Unprecedented Wait Times Cause Problems for Workers, Employers

According to reports, visa delays, backlogs, and unprecedented wait times at U.S. embassies and consulates are causing disruptions for workers and companies, particularly those employing workers in temporary statuses who need to renew their visas outside the United States.

For example, excluding student and visitor visas, wait times for visas in Istanbul, Turkey, exceed 16 months; in New Delhi, India, wait times hover at nine months for the thousands of highly skilled temporary workers coming to the United States on H-1B and L-1 visas. Business visa processing in Chile can take up to three years.

The delays are thought to be at least partly the result of increased travel demand related to the COVID-19 pandemic, staffing issues at embassies and consulates, and a two-year shutdown of processing guestworker visas by the Trump administration. Some business groups and immigration attorneys advocate measures such as allowing remote interviews or permitting those with expiring visas to renew in the United States rather than requiring them to leave the country as a way of relieving backlogs. Reportedly, the Department of State (DOS) is considering such options. Meanwhile, DOS said it has doubled hiring of consular staff in fiscal year (FY) 2022 over FY 2021, and noted that “[n]early all U.S. embassies and consulates have resumed full visa services.”

Details:

  • “Visa Bottlenecks Are Creating Headaches for Employers, Workers,” Aug. 16, 2022, https://news.bloomberglaw.com/daily-labor-report/visa-bottlenecks-are-creating-headaches-for-employers-workers
  • “U.S. Visa Processing Delays Called Worst Since 9/11,” Voice of America, Aug. 3, 2022, https://www.voanews.com/a/us-visa-processing-delays-called-worst-since-9-11-/6685941.html

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8. USCIS Clarifies Eligibility Determinations for L-1 Nonimmigrant Managers, Executives, and Specialized Knowledge Workers

On August 16, 2022, U.S. Citizenship and Immigration Services (USCIS) issued a policy alert to clarify how the agency determines eligibility for L-1 nonimmigrants seeking classification as managers or executives (L-1A) and specialized knowledge workers (L-1B).

The update does not make changes to existing policy or create new policy. The update consolidates and updates guidance previously included in the Adjudicator’s Field Manual, Chapter 32, as well as related appendices and policy memoranda.

Details:

  • USCIS Policy Alert (Aug. 16, 2022),
  • Part L—Intracompany Transferees, USCIS Policy Manual, https://www.uscis.gov/policy-manual/volume-2-part-l

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9. OFLC Releases Public Disclosure Data, Statistics, Foreign Labor Recruiter List and FAQ

The Department of Labor’s Office of Foreign Labor Certification has released:

  • Public disclosure data and selected program statistics for Q3 of fiscal year (FY) 2022. https://www.dol.gov/agencies/eta/foreign-labor/performance
  • H-2B Foreign Labor Recruiter List for Q3 of FY 2022. https://www.dol.gov/agencies/eta/foreign-labor/recruiter-list
  • FAQ on the Foreign Labor Recruiter List. https://www.dol.gov/sites/dolgov/files/ETA/oflc/pdfs/Round-16_Foreign_Labor_Recruiter.pdf

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10. DHS Announces Final Rule to ‘Preserve and Fortify’ DACA Policy

The Department of Homeland Security (DHS) announced a final rule to “preserve and fortify” the Deferred Action for Childhood Arrivals (DACA) policy for certain eligible noncitizens who arrived in the United States as children. DACA allows beneficiaries an opportunity to receive a renewable, two-year work permit. DHS said that DACA has allowed more than 800,000 young people, dubbed “Dreamers,” to remain in the United States.

The rule, effective October 31, 2022, is expected to be published in the Federal Register on August 30, 2022. It continues the DACA policy announced in a 2012 memorandum from Janet Napolitano, then-Secretary of Homeland Security, that DACA recipients should not be a priority for removal. DHS received more than 16,000 comments during the public comment period. The final review codifies existing DACA policy, with limited changes, and replaces the DACA policy guidance set forth in the 2012 Napolitano memorandum. The final rule:

  • Maintains the existing threshold criteria for DACA;
  • Retains the existing process for DACA requestors to seek work authorization; and
  • Affirms the longstanding policy that DACA is not a form of lawful status but that DACA recipients, like other deferred action recipients, are considered “lawfully present” for certain purposes.

DHS noted that it may grant DACA renewal requests under the final rule but cannot grant initial DACA requests and related employment authorization due to a court injunction that remains in partial effect.

Advocates, including representatives from the American Immigration Lawyers Association and the American Immigration Council, hailed the Biden administration’s “positive step” but called for Congress to act also.

Details:

  • Final rule (advance copy), DHS, https://public-inspection.federalregister.gov/2022-18401.pdf
  • “DHS Issues Regulation to Preserve and Fortify DACA,” DHS news release, Aug. 24, 2022, https://www.dhs.gov/news/2022/08/24/dhs-issues-regulation-preserve-and-fortify-daca
  • “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children” (Napolitano memorandum), June 15, 2012, https://www.dhs.gov/xlibrary/assets/s1-exercising-prosecutorial-discretion-individuals-who-came-to-us-as-children.pdf
  • Order of injunction, State of Texas v. United States, U.S. District Court for the Southern District of Texas, July 16, 2021, https://www.uscis.gov/sites/default/files/document/legal-docs/Texas%20II%20Dkt.%20576%20Injunction.pdf
  • “Biden Administration Moves to Shore Up DACA Protections But Congress Needs to Act,” press release, American Immigration Lawyers Association, Aug. 24, 2022, https://www.aila.org/advo-media/press-releases/2022/daca-press-release

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11. USCIS Reaches FY 2023 H-1B Cap

U.S. Citizenship and Immigration Services (USCIS) announced on August 23, 2022, that it has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2023.

USCIS said it has completed sending non-selection notifications to registrants’ online accounts. The status of such registrations will show as “Not Selected.” USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap numbers, are exempt from the FY 2023 H-1B cap. USCIS said it will continue to accept and process petitions filed to:

  • Extend the amount of time a current H-1B worker may remain in the United States;
  • Change the terms of employment for current H-1B workers;
  • Allow current H-1B workers to change employers; and
  • Allow current H-1B workers to work concurrently in additional H-1B positions.

Details:

  • USCIS alert, Aug. 23, 2022, https://www.uscis.gov/newsroom/alerts/uscis-reaches-fiscal-year-2023-h-1b-cap

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12. DV-2023 Selectees Only Need to Submit Application Form to Kentucky Consular Center, Not Supporting Docs, DOS Says

The Department of State (DOS) announced on August 25, 2022, that for the Diversity Visa (DV) program for fiscal year 2023 (DV-2023), selectees only need to submit to the Kentucky Consular Center (KCC) the DS-260 immigrant visa application form for themselves and any accompanying family members. Once a DS-260 is received from the selectee, KCC will next review it for completeness, after which the case will be eligible to be scheduled for a visa interview if the selectee’s visa case number is current as reflected in the Visa Bulletin, DOS said. The agency noted that this continues the practice that began during the last program year, and said a “data-driven decision” would be made later for future program years.

DOS said that selectees should not submit to the KCC any other required supporting documents; instead, “all supporting documents for DV-2023 selectees will be collected and evaluated in connection with the interview at the embassy or consulate where the visa application is made.”

Details:

  • “Diversity Visa 2023 Update: Document Submission to KCC for DV-2023,” Dept. of State, Aug. 25, 2022,

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13. E-Verify Reports System Outages During Case Creation

E-Verify reported that it is experiencing intermittent system outages. As a result, “users may experience system timeouts and increased processing times when creating and submitting cases,” E-Verify said, adding that it is working to resolve the issue.

Employers must continue to complete and retain a Form I-9 for every person hired to work for pay in the United States within the required timeframes, E-Verify noted.

Details:

  • E-Verify alert, https://www.e-verify.gov/about-e-verify/whats-new

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14. Labor Dept. Reports FLAG System Issues

The Department of Labor announced on August 24, 2022, that the Foreign Labor Application Gateway (FLAG) system “continues to experience intermittent issues when creating certain application forms, appendices, or other decision documents through Adobe PDF.” DOL recommended that users “carefully review the Adobe PDF decision documents generated by the FLAG system for accuracy and completeness.”

DOL said users should contact the FLAG Technical Help Desk Team if any decision document appears incomplete or otherwise contains inaccuracies.

Details:

  • Service Impact notice, FLAG, Aug. 24, 2022, https://flag.dol.gov/

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New Publications and Items of Interest

Immigrant and Employee Rights Section free webinars. The Department of Justice’s Immigrant and Employee Rights Section is offering free webinars for the public. https://www.justice.gov/crt/webinars

Agency Twitter accounts:

  • EOIR: @DOJ_EOIR
  • ICE: @ICEgov
  • Study in the States: @StudyinStates
  • USCIS: @USCIS

Immigrant and employee rights webinars. The Department of Justice’s Immigrant and Employee Rights Section is offering a number of free webinars for workers, employers, and advocates. For more information, see https://www.justice.gov/crt/webinars. E-Verify webinar schedule. E-Verify released its calendar of webinars at https://www.e-verify.gov/calendar-field_date_and_time/month. Alliance of Business Immigration Lawyers:

  • ABIL is available on Twitter: @ABILImmigration
  • Recent ABIL member blogs are at http://www.abilblog.com/

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ABIL Member / Firm News

Kristin Peresta, of Klasko Immigration Law Partners, LLP (KILP), was recently awarded the Lisa Felix Award. Lisa Felix was an attorney at KILP who died in 2020 after a long illness. Ms. Peresta, KILP’s Director of Client Communications & Workload, was awarded the inaugural Lisa Felix Award “for her innate ability to spread unconditional, unwavering, and selfless kindness among the KILP community.”

Alison Li has joined Klasko Immigration Law Partners, LLP, as an associate attorney. She has nearly a decade of immigration law experience and works with regional centers, developers, and investors who seek to use foreign investment capital under the EB-5 program to fund job-creating projects. In addition to her work in EB-5, Ms. Li has assisted numerous clients in obtaining E, H, and L visas, among others. She has experience in consular processing through U.S. embassies and consulates worldwide. https://chambers.com/articles/klasko-immigration-law-partners-welcomes-associate-alison-li

Cyrus Mehta (bio: https://www.abil.com/abil-lawyers/cyrus-d-mehta/) and Kaitlyn Box co-authored a new blog post, “Will Head of Team Anywhere and Other New Fangled Jobs That Have Popped Up During the Pandemic Be Able to Fit Under Existing Visa Categories?”

Mr. Mehta and Kaitlyn Box co-authored a new blog post, “A Practical Guide to Spending the 3 and 10 Year Bars in the United States.” http://blog.cyrusmehta.com/2022/07/a-practical-guide-to-spending-the-3-and-10-year-bars-in-the-us.html

Charina Garcia and Melissa Harms, of Wolfsdorf Rosenthal LLP, will moderate two programs at the Worldwide ERC’s Global Workforce Symposium in October 2022. Ms. Garcia will moderate “Relationship Building Through Tech – How Immigration Tech Can Focus on a Workforce’s Well-Being,” a discussion on immigration management technologies and the relationship between mobility technologies, well-being, and human connection. Ms. Harms will moderate “DEIA Global Mobility Playbook: Issues Facing the LGBTQ+, Transgender and Gender Diverse Employee,” a discussion on the emergence of LGBTQ+ inclusive global mobility programs, issues related to relocating internationally to locations that criminalize transgender or sexual preference diversity; the process and impact of changing name or gender markers on national identity documents; and traveling and screening procedures for transgender and gender-diverse/fluid people. https://wolfsdorf.com/wr-immigration-honored-to-lead-two-groundbreaking-discussions-at-wercs-global-workforce-symposium/

Cyrus Mehta (bio: https://www.abil.com/abil-lawyers/cyrus-d-mehta/) and Kaitlyn Box co-authored a new blog post: “Justice Barrett and the Fate of the Mayorkas Prosecutorial Discretion Memo.” http://blog.cyrusmehta.com/2022/08/justice-barrett-and-the-fate-of-the-mayorkas-prosecutorial-discretion-memo.html

Wolfsdorf Rosenthal Immigration and Banias Law filed a complaint in the U.S. District Court for the District of Columbia on August 5, 2022, on behalf of hundreds of Chinese foreign national plaintiffs. The complaint asks the court to compel the Department of State to authorize FY 2022 EB-5 immigrant visa numbers to be allocated to all plaintiffs and their families by September 30, 2022, and to process their immigrant visa applications promptly. https://wolfsdorf.com/press-release-wr-immigration-files-lawsuit-to-stop-wastage-of-eb-5-investor-visas/

Charles Foster and Avalyn Langemeier will present a Foster LLP webinar, “Is Immigration Good for America?,” on Wednesday, August 31, 2022. The webinar will highlight the benefits of immigration to the United States. HR professionals can expect to learn about the contributions immigrants have made to the United States and the benefits they bring. https://register.gotowebinar.com/register/962752597448065803

Foster LLP announced that 16 Foster immigration attorneys were included in the 2023 Best Lawyers in America list. The guide honored firm lawyers in Austin, Dallas, and Houston, Texas, with a concentrated focus on immigration law. The Foster attorneys listed were:

Charles C. Foster

Andres Zamberk

Avalyn Castillo Langemeier

Brenda G. Hicks

Elise A. Healy

Florence L. Luk

Helene N. Dang

John W. Meyer

José R. Pérez, Jr.

Layla Panjwani

Nestor A. Rosin

Philip A. Eichorn

Robert F. Loughran (https://www.abil.com/abil-lawyers/robert-f-loughran/)

Sandra I. Dorsthorst

Two Foster attorneys were listed as Best Lawyers: “Ones to Watch”: Diana Dominguez and Vi Nguyen.

A new video from Wolfsdorf Rosenthal Immigration features Managing Partner Bernard Wolfsdorf (https://www.abil.com/abil-lawyers/bernard-wolfsdorf/) describing the culture and success of his firm and how it has grown over the years. https://wolfsdorf.com/managing-partner-bernie-wolfsdorf-on-the-culture-and-success-of-wr-immigration/

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Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

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

Department of State Visa Bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

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