Posts

ABIL Immigration Insider • February 6, 2022

/in /by

In this issue:

1. International Entrepreneur Update: National Advocacy Groups Recommend Streamlining Parole Program; House Passes Bill To Create New Visa – There have been several recent developments of interest to international entrepreneurs.

2. USCIS Releases Form I-9 Guidance for H-2B Workers Seeking to Change Employers – The guidance is related to a joint temporary final rule issued January 28, 2022, by the Departments of Homeland Security and Labor.

3. FY 2023 H-1B Cap Initial Registration Period Opens March 1 – The initial registration period for the fiscal year 2023 H-1B cap will open at noon ET on March 1, 2022, and run through noon ET on March 18, 2022.

4. DHS, DOL Announce Availability of Additional H-2B Visas for First Half of Fiscal Year – The Departments of Homeland Security and Labor announced the availability of 20,000 additional H-2B temporary nonagricultural worker visas for the first half of fiscal year (FY) 2022. The visas are for “U.S. employers that are facing irreparable harm without additional workers and [are] seeking to employ additional workers on or before March 31, 2022.” The additional H-2B visas became available to employers on January 28, 2022.

5. USCIS Updates Guidance on Expedite Requests – U.S. Citizenship and Immigration Services updated its Policy Manual to reflect new guidance, effective immediately, on how the agency determines whether a case warrants expedited treatment.

6. CBP Announces New COVID-19 Vaccine Requirement for Non-U.S. Travelers Entering Via Land and Ferry From Canada, Mexico – The new restriction applies to non-U.S. individuals who are traveling for both essential and non-essential reasons. It does not apply to U.S. citizens, lawful permanent residents, or U.S. nationals.

7. CBP Expands ‘Simplified Arrival’ at International Airports in the South – Simplified Arrival uses facial biometrics to automate the manual document checks that are required for admission into the United States.

8. USCIS Clarifies Guidance on O-1 Nonimmigrants in Arts vs. Motion Pictures and Television – USCIS clarified guidance on how the agency determines whether an O-1B beneficiary will be evaluated as a person of extraordinary ability in the arts or as a person of extraordinary achievement in the motion picture or television industry when a case has elements of both.

9. February Visa Bulletin Warns of High Demand in Employment Fourth Category, Notes Upcoming Expiration of SR Religious Workers Category – High demand in the employment fourth preference category may necessitate the establishment of a worldwide final action date in the coming months. Also, no SR visas may be issued overseas, or final action taken on adjustment of status cases, after February 17, 2022, and all individuals seeking admission as a non-minister special immigrant must be admitted into the U.S. by February 17, 2022.

10. USCIS Issues Reminder re Immigration Help Available for Natural Disasters, ‘Other Unforeseen Circumstances’ – USCIS reminded the public that the agency offers immigration services “that may help people affected by unforeseen circumstances such as natural disasters,” including the Marshall fire in Colorado.

11. Justice Dept. Settles Immigration-Related Discrimination Claims With Frozen Food Company – The settlement resolves claims that the company discriminated against non-U.S. citizens based on their citizenship status when checking their permission to work in the United States.

12. USCIS To Hold Listening Session on L Petition Adjudications – The listening session is for stakeholders to provide feedback on modernizing and simplifying the regulations governing L petition adjudications.

13. DHS OIG Finds That Manual Processing Slowed USCIS Benefits Delivery During Pandemic – In a new report, the Department of Homeland Security’s Office of Inspector General found that continued reliance on manual processing slowed U.S. Citizenship and Immigration Services’ benefits delivery during the COVID-19 pandemic. USCIS concurred with OIG’s recommendations.

14. OFLC Completes Random Assignments of H-2B Applications Submitted for Work Starting April 1, 2022 – OFLC has completed randomly assigning all H-2B applications submitted during the initial filing window, January 1-3, 2022, requesting an April 1, 2022, work start date for the second half of the FY 2022 H-2B statutory visa cap.

15. EOIR Mandates E-Filing as of February 11, 2022 – Effective February 11, 2022, the Executive Office for Immigration Review is requiring electronic filing and records applications for all cases before the immigration courts and the Board of Immigration Appeals.

16. State Dept. Announces Diversity Visa Reassignment Procedures for Kabul and Baghdad – Those who are DV selectees for the 2022 DV program year with a case assigned to the U.S. embassy in Kabul, Afghanistan, or Baghdad, Iraq, should request reassignment of their DV cases to another embassy or consulate that processes immigrant visa applications.

17. USCIS Plans E-Verify Records Disposal for April 1, 2022 – E-Verify employers have until March 31, 2022, to download case information from the Historic Records Report.

18. ABIL Global: United Kingdom – The United Kingdom’s (UK) new Global Business Mobility (GBM) route launch is fast approaching.

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 – February 2022

1. International Entrepreneur Update: National Advocacy Groups Recommend Streamlining Parole Program; House Passes Bill To Create New Visa

There have been several recent developments of interest to international entrepreneurs:

National Advocacy Group Recommendations

The Coalition for International Entrepreneurship, which consists of three dozen immigration and startup advocacy organizations and individuals, sent a letter on February 1, 2022, asking Department of Homeland Security (DHS) Secretary Alejandro Mayorkas to streamline the International Entrepreneur Parole (IEP) program. Signers included the American Immigration Lawyers Association, Carnegie Mellon University Graduate Student Assembly, the National Immigration Forum, and others.

As background, last year, the Biden administration rescinded a Trump-era rule that would have ended the IEP program. The program uses DHS’s authority to grant parole to foreign nationals whose admission would be a public benefit. However, according to reports, obstacles remain, and the IEP remains a crucial program, especially in the absence of a U.S. start-up visa.

The coalition’s letter makes five key recommendations:

  1. Immediately establish premium processing for IEP applications so qualified entrepreneurs can rapidly launch their businesses in the United States.
  2. Incorporate the use of the Validation Instrument for Business Enterprises (VIBE) program to streamline the qualification process for investors. The letter noted that this program is already being used to validate information about companies petitioning to employ nonimmigrant and immigrant workers through Forms I-129 (for the H-1B, for example), I-140, I-360, and I-485.
  3. Modify U.S. Citizenship and Immigration Services (USCIS) guidance on the term “qualified investor” to ensure that investors with passive foreign limited partners are not unnecessarily excluded.
  4. Restart the USCIS Entrepreneur in Residence initiative to develop routine feedback loops with stakeholders and consider a hybrid model with both virtual and in-person activities to improve entrepreneurs’ ability to participate and decrease the agency’s administrative and badging burdens.
  5. Establish regular interaction with stakeholders in the academic, entrepreneur, legal, and investment communities to further refine the program. The letter suggested that increased interaction could include more events hosted by the Public Engagement Division, or the creation of an entrepreneurship subcommittee for the Homeland Security Academic Advisory Council (HSAAC).

America COMPETES Act Passes in House

Also, on February 4, 2022, the House of Representatives passed the America COMPETES Act of 2022 (H.R. 4521). The bill would exempt international science, technology, engineering, and mathematics (STEM) PhD graduates from the green card numerical cap, create a new visa category for entrepreneurs, and provide temporary protected status for Hong Kong residents. A conference committee is expected to address significant differences between the House bill and the Senate’s U.S. Innovation and Competition Act (S. 2012), according to NAFSA: Association of International Educators.

In addition, the Biden administration introduced measures on January 21, 2022, to attract and retain STEM international talent.

Details:

Back to Top

2. USCIS Releases Form I-9 Guidance for H-2B Workers Seeking to Change Employers

On February 4, 2022, U.S. Citizenship and Immigration Services released guidance on Form
I-9, Employment Eligibility Verification, for H-2B workers seeking to change employers.

The guidance is related to a joint temporary final rule issued January 28, 2022, by the Departments of Homeland Security and Labor to increase the numerical limits on fiscal year 2022 H-2B nonimmigrant visas and temporarily provide portability flexibility for H-2B workers already in the U.S. to begin work immediately with a new employer after an H-2B petition (supported by a valid temporary labor certification) is received by USCIS and before it is approved.

Details:

Back to Top

3. FY 2023 H-1B Cap Initial Registration Period Opens March 1

The initial registration period for the fiscal year (FY) 2023 H-1B cap will open at noon ET on March 1, 2022, and run through noon ET on March 18, 2022, U.S. Citizenship and Immigration Services (USCIS) announced. During this period, prospective petitioners and representatives will be able to complete and submit their registrations using the USCIS online H-1B registration system, for foreign workers with an October 1, 2022, start date.

USCIS will assign a confirmation number to each registration submitted for the FY 2023 H-1B cap. USCIS said that this number is used solely to track registrations and cannot be used to track case status in Case Status Online.

USCIS said prospective H-1B cap-subject petitioners or their representatives must use a myUSCIS online account to register each beneficiary electronically for the selection process and pay the associated $10 H-1B registration fee for each registration submitted on behalf of each beneficiary. Prospective petitioners submitting their own registrations (“registrants”—U.S. employers and U.S. agents) will use a “registrant” account. Registrants will be able to create new accounts beginning at noon ET on February 21, 2022, but must wait until March 1 to enter beneficiary information and submit the registration with fee.

If USCIS receives enough registrations by March 18, it will randomly select registrations and send selection notifications via users’ myUSCIS online accounts. The agency said it will notify selected account holders by March 31.

USCIS noted that an H-1B cap-subject petition, including a petition for a beneficiary who is eligible for the advanced degree exemption, may only be filed by a petitioner whose registration for the beneficiary named in the H-1B petition was selected in the H-1B registration process.

Details:

Back to Top

4. DHS, DOL Announce Availability of Additional H-2B Visas for First Half of Fiscal Year

The Departments of Homeland Security (DHS) and Labor (DOL) announced the availability of 20,000 additional H-2B temporary nonagricultural worker visas for the first half of fiscal year (FY) 2022. The visas are for “U.S. employers that are facing irreparable harm without additional workers and [are] seeking to employ additional workers on or before March 31, 2022.” The additional H-2B visas became available to employers on January 28, 2022.

DHS said that this supplemental cap increase “marks the first time that DHS is making additional H-2B visas available in the first half of the fiscal year.”

The supplemental H-2B visa allocation includes 13,500 visas available to returning workers who received an H-2B visa, or were otherwise granted H-2B status, during one of the last three fiscal years. The remaining 6,500 visas, which are exempt from the returning worker requirement, are reserved for nationals of Haiti, El Salvador, Guatemala, and Honduras.

In support of the rule, DOL’s Office of Foreign Labor Certification (OFLC) posted a new Form ETA-9142-B-CAA-5 and accompanying instructions. The temporary rule requires an employer to attest, among other things, to the fact that it is suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all of the H-2B workers requested under the cap increase. The employer must submit the attestation to USCIS along with Form I-129, in support of an H-2B application subject to the H-2B cap before March 31, 2022.

Details:

Back to Top

5. USCIS Updates Guidance on Expedite Requests

U.S. Citizenship and Immigration Services (USCIS) updated its Policy Manual to reflect new guidance, effective immediately, on how the agency determines whether a case warrants expedited treatment. The update:

  • Clarifies the criteria and circumstances under which USCIS generally considers expedite requests from nonprofit organizations as determined by the Internal Revenue Service;
  • Provides additional examples of when USCIS may consider expedite requests made by federal, state, or local agencies, including labor and employment agencies;
  • Adds examples to further illustrate how the expedite criteria relate to emergencies and urgent humanitarian reasons; and
  • Explains that some circumstances may affect or delay the agency’s ability to expedite an application or petition.

Details:

Back to Top

6. CBP Announces New COVID-19 Vaccine Requirement for Non-U.S. Travelers Entering Via Land and Ferry From Canada, Mexico

As of January 22, 2022, the Department of Homeland Security (DHS) is requiring non-U.S. individuals seeking to enter the United States via land ports of entry and ferry terminals at the U.S.-Mexico and U.S.-Canada borders to be fully vaccinated for COVID-19 and provide related proof of vaccination. DHS said this was necessary as COVID-19 cases continue to rise nationwide.

The new restriction applies to non-U.S. individuals who are traveling for both essential and non-essential reasons. It does not apply to U.S. citizens, lawful permanent residents, or U.S. nationals.

The Biden administration previously ordered that noncitizen nonimmigrants be vaccinated against COVID-19 before entering the United States by air, except in limited circumstances.

Details:

Back to Top

7. CBP Expands ‘Simplified Arrival’ at International Airports in the South

U.S. Customs and Border Protection (CBP) announced the implementation of Simplified Arrival at six airports in the states of Arkansas, Louisiana, Mississippi, Alabama, and Tennessee: Rogers Municipal Carter Field Airport, Lakefront Airport, Alexandria (Louisiana) International Airport, Gulfport Biloxi International Airport, Birmingham-Shuttlesworth International Airport, and Memphis International Airport.

Simplified Arrival uses facial biometrics to automate the manual document checks that are required for admission into the United States. Facial biometrics fulfill a longstanding congressional mandate to biometrically record the entry and exit of non-U.S. citizens, CBP said. To date, according to CBP, more than 130 million travelers have participated in the biometric facial comparison process at air, land, and sea ports of entry.

The Simplified Arrival process includes comparing a new photo taken on arrival at the primary inspection point to images the traveler has already provided to the government, such as passport and visa photos. Those who have previously traveled to the United States “may no longer need to provide fingerprints as their identity will be confirmed through the touchless facial comparison process,” CBP said. Travelers who opt out of the Simplified Arrival process must present a valid travel document for inspection by a CBP officer.

Details:

Back to Top

8. USCIS Clarifies Guidance on O-1 Nonimmigrants in Arts vs. Motion Pictures and Television

U.S. Citizenship and Immigration Services (USCIS) clarified guidance on how the agency determines whether an O-1B beneficiary will be evaluated as a person of extraordinary ability in the arts or as a person of extraordinary achievement in the motion picture or television industry when a case has elements of both.

USCIS explained that individuals of extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry may be eligible for O-1B classification. The updated guidance “will help officers and petitioners determine whether a beneficiary falls into the arts category or the motion picture and television category” and “will help with cases that have elements of both classifications, such as actors, directors, composers, or set designers who work in both motion pictures and television and live theater. It will also help officers and petitioners understand where streaming internet productions fall in these categories,” USCIS said.

Among other things, the guidance notes that analysis of whether a production is within the motion picture or television industry (MPTV) is not limited to whether it will air on a television screen or in a movie theater, as the industry has grown to encompass some online content. “While static web materials and self-produced video blogs and social media content generally do not fall into the MPTV category, USCIS considers streaming movies, web series, commercials, and other programs with formats that correspond to more traditional motion picture and television productions to generally fall within the MPTV industry’s purview,” USCIS said. Accordingly, USCIS “may properly consider work on such productions to fall under the O-1B (MPTV) classification.”

Details:

Back to Top

9. February Visa Bulletin Warns of High Demand in Employment Fourth Category, Notes Upcoming Expiration of SR Religious Workers Category

The Department of State’s Visa Bulletin for February 2022 notes that high demand in the employment fourth preference category may necessitate the establishment of a worldwide final action date in the coming months to hold number use within the maximum allowed under the fiscal year 2022 annual limit. DOS said the situation will be continually monitored and any necessary adjustments will be made.

The bulletin notes that for El Salvador, Guatemala, and Honduras, the rate of demand increased primarily for adjustment of status cases “and will require corrective action as early as March to hold number use within allowable limits. Also, for Mexico, the bulletin says that “corrective action may be necessary in the coming months.”

The bulletin also notes the upcoming expiration of the employment fourth preference Certain Religious Workers (SR) category as of February 18, 2022: “No SR visas may be issued overseas, or final action taken on adjustment of status cases,” after February 17, 2022, and “all individuals seeking admission as a non-minister special immigrant must be admitted (repeat, admitted) into the U.S.” by February 17, 2022.

Details:

Back to Top

10. USCIS Issues Reminder re Immigration Help Available for Natural Disasters, ‘Other Unforeseen Circumstances’

U.S. Citizenship and Immigration Services (USCIS) issued a notice on January 12, 2022, reminding the public that the agency offers immigration services “that may help people affected by unforeseen circumstances such as natural disasters,” including the Marshall fire in Colorado.

USCIS said following measures may be available on a case-by-case basis upon request:

  • Changing nonimmigrant status or extending a nonimmigrant stay for an individual currently in the United States. “Failure to apply for the extension or change before expiration of your authorized period of admission may be excused if the delay was due to extraordinary circumstances beyond your control,” USCIS said;
  • Re-parole of individuals previously granted parole by USCIS;
  • Expedited processing of advance parole requests;
  • Expedited adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
  • Expedited adjudication of employment authorization applications, where appropriate;
  • Consideration of fee waiver requests due to an inability to pay;
  • Flexibility for those who received a Request for Evidence or a Notice of Intent to Deny but were unable to submit evidence or otherwise respond in a timely manner;
  • Flexibility if you were unable to appear for a scheduled interview with USCIS;
  • Expedited replacement of lost or damaged immigration or travel documents issued by USCIS, such as a Permanent Resident Card (Green Card), Employment Authorization Documents, and Arrival/Departure Record (Form I-94); and
  • Rescheduling a biometric services appointment.

Details:

Back to Top

11. Justice Dept. Settles Immigration-Related Discrimination Claims With Frozen Food Company

The Department of Justice (DOJ) reached a settlement agreement with Buddy’s Kitchen Inc., a Minnesota-based company that produces and distributes frozen foods. The settlement resolves claims that the company discriminated against non-U.S. citizens based on their citizenship status when checking their permission to work in the United States.

DOJ said its investigation revealed that the company routinely discriminated by asking non-U.S. citizens, primarily lawful permanent residents, to present specific Department of Homeland Security-issued documents to prove their authorization to work in the United States, while making no such request of U.S. citizens. Under the settlement, Buddy’s Kitchen will pay $40,000 in civil penalties, change its employment policies to comply with the anti-discrimination provision of the Immigration and Nationality Act, and train its employees who are responsible for verifying workers’ permission to work in the United States.

In a statement released on January 14, 2022, DOJ said, “All employees have the right to choose the valid documentation they wish to present when demonstrating that they have permission to work in the United States.”

Details:

  • Media release, Dept. of Justice, Jan. 10, 2022,

Back to Top

12. USCIS To Hold Listening Session on L Petition Adjudications

U.S. Citizenship and Immigration Services (USCIS) held a listening session on January 25, 2022, for stakeholders to provide feedback on modernizing and simplifying the regulations governing L petition adjudications. USCIS is seeking input on all aspects of L adjudications, including L-1A managers and executives, L-1B specialized knowledge workers, new office petitions, blanket petitions, and evidentiary issues. USCIS said this is part of a series of listening sessions that USCIS will host in the coming months to seek input on business and foreign worker-related policy considerations.

Details:

Back to Top

13. DHS OIG Finds That Manual Processing Slowed USCIS Benefits Delivery During Pandemic

The Department of Homeland Security’s Office of Inspector General (OIG) released a report on December 28, 2021, finding that continued reliance on manual processing slowed U.S. Citizenship and Immigration Services’ benefits delivery during the COVID-19 pandemic.

OIG found that USCIS had limited capability to electronically process more than 80 types of benefits, which still required some manual workflows and paper files to complete cases. Recurring technology performance issues and equipment limitations further constrained USCIS employees’ productivity, OIG said, attributing the challenges to “funding cuts and lost fee revenue that limited spending during this time.” OIG noted that these challenges “further increased processing times and resulted in a backlog of 3.8 million cases as of May 2021.”

The report includes two recommendations aimed at improving USCIS’s electronic processing of benefits, with which USCIS concurred:

Recommendation 1: Update the USCIS pandemic plan to incorporate additional technology guidance and lessons learned during the COVID-19 pandemic. The estimated completion date is December 30, 2022. OIG considers this recommendation to be “open and resolved.” OIG said a formal closeout letter to be submitted should be accompanied by “evidence of completion of agreed-upon corrective actions and of the disposition of any monetary amounts.”

Recommendation 2: Develop an updated strategy for digitizing all benefits work and tracking the outcome of improving case processing times, including a detailed funding plan, in accordance with the Emergency Stopgap USCIS Stabilization Act. OIG considers this recommendation to be “resolved and closed.”

Details:

Back to Top

14. OFLC Completes Random Assignments of H-2B Applications Submitted for Work Starting April 1, 2022

The Department of Labor’s Office of Foreign Labor Certification (OFLC) has completed randomly assigning all H-2B applications submitted during the initial filing window, January 1-3, 2022, requesting an April 1, 2022, work start date for the second half of the fiscal year 2022
H-2B statutory visa cap.

OFLC reported receiving 7,875 H-2B applications requesting 136,555 worker positions during the filing period. OFLC said it will notify employers (and authorized attorneys or agents) of their H-2B Assignment Group. The agency published a list of the H-2B applications assigned to each group on January 7, 2022.

Details:

Back to Top

15. EOIR Mandates E-Filing as of February 11, 2022

Effective February 11, 2022, the Executive Office for Immigration Review (EOIR) will require electronic filing and records applications for all cases before the immigration courts and the Board of Immigration Appeals.

Users can view training materials on EOIR’s website, including infographics and videos on how to upload and download documents on its Courts & Appeals System.

Details:

Back to Top

16. State Dept. Announces Diversity Visa Reassignment Procedures for Kabul and Baghdad

The Department of State announced on January 5, 2022, that those who are Diversity Visa (DV) selectees for the 2022 DV program year with a case assigned to the U.S. embassy in Kabul, Afghanistan, or Baghdad, Iraq, should request reassignment of their DV cases to another embassy or consulate that processes immigrant visa applications. Such persons must be physically present in the consular district where the embassy or consulate is located at the time of interview and have permission to remain in the country by the host government for a period sufficient to complete processing.

Reassignment of a case to another embassy or consulate does not mean that it will be automatically scheduled for an immigrant visa interview. The interview will be scheduled after the DS-260 immigrant visa application has been fully processed, when the case number is current according to the Visa Bulletin, and when the reassigned embassy or consulate has an interview appointment available.

Details:

Back to Top

17. USCIS Plans E-Verify Records Disposal for April 1, 2022

U.S. Citizenship and Immigration Services (USCIS) plans to dispose of E-Verify records that are more than 10 years old on April 1, 2022. (USCIS defined “more than 10 years old” as “those dated on or before Dec. 31, 2011.) E-Verify employers have until March 31, 2022, to download case information from the Historic Records Report if they want to retain information about these E-Verify cases, USCIS said.

USCIS noted that employers must record the E-Verify case verification number on the corresponding Form I-9, Employment Eligibility Verification, or attach a copy of the case details page to the I-9 form. Employers should retain the Historic Records Report with the I-9 forms.

Details:

Back to Top

18. ABIL Global: United Kingdom

The United Kingdom’s (UK) new Global Business Mobility (GBM) route launch is fast approaching.

What can we expect from the UK’s new GBM visa?

The intended launch of the GBM route is fast approaching. The Home Office promised a “cohesive system” for overseas businesses to assign employees to the UK for a range of business purposes by spring 2022. The new visa route will consolidate and expand on an array of existing immigration routes and introduce new opportunities for businesses both with and without a UK presence.

The GBM route will consist of five categories:

  • Senior or specialist worker—for individuals whose skills are required in the UK for a specific business purpose;
  • Graduate trainee—for individuals who are on a UK placement as part of a structured training program;
  • UK expansion worker—for individuals who are on an assignment as part of a UK expansion of the business;
  • Secondment worker—for business-specific secondments; and
  • Service supplier—for individuals travelling to the UK to deliver a service in line with a UK trade commitment.

The requirements for the GBM visa will be based predominantly on those of the Intra-Company Transfer (ICT) route. This means that the UK business receiving the workers will require a sponsor license. The workers will need to satisfy salary and skill thresholds and should have completed a minimum period of employment overseas before applying. There will be no English language requirement. Although assignments on the GBM route will be temporary, there will be flexibility to switch to other permanent routes, such as the Skilled Worker route.

The Home Office said that the exact requirements for the route will be subject to the Migration Advisory Committee’s (MAC) review and may depend on the GBM subcategory in question. In its review of the ICT route in October 2021, the MAC made a series of recommendations, including increasing the minimum salary threshold and allowing time spent on the ICT route to count toward settlement. It will be interesting to see if these recommendations are incorporated within the GBM provisions under the Immigration Rules.

While some of the subcategories of the GBM visa mirror existing routes (the Graduate trainee, for example, is similar to the Intra-Company Graduate Trainee), others provide a new route for overseas businesses to send employees to the UK. The UK expansion worker, for example, is set to supplement the Representative of an Overseas Business route, allowing overseas businesses to send more than one worker and access the Sponsor Management System to manage assigned employees. However, unlike the Representative of an Overseas Business route, the UK expansion worker, and all the subcategories of the GBM visa, will be a sponsored route. This raises additional challenges—in terms of both logistics and costs—for employers and the Home Office, with the latter having to monitor the compliance of sponsor license holders located outside the UK.

In the coming weeks, further clarification is expected from the Home Office on how individuals and companies can apply under the GBM route and the permitted activities for a GBM migrant in the UK. It is hoped that the Home Office will also clarify the potential sponsor license system for overseas businesses and how it plans to carry out future compliance checks.

Details:

  • “Intra-Company Transfer Report: October 2021,” Gov.uk,

Back to Top

New Publications and Items of Interest

Readout and fact sheet on immigration-related executive order progress. U.S. Citizenship and Immigration Services (USCIS) released a readout of USCIS Director Ur M. Jaddou’s virtual briefing with stakeholders to mark the one-year anniversary of immigration-related executive orders and a related fact sheet on progress on those orders. Readout: ; Fact Sheet: https://www.uscis.gov/sites/default/files/document/fact-sheets/FINAL_EO_Anniversary_Progress_FactSheet_2_3.pdf

DACA survey. Results from a survey of Deferred Action for Childhood Arrivals (DACA) recipients conducted by the Center for American Progress, United We Dream, and the National Immigration Law Center were released. This year’s responses showed that “amid the backdrop of continued uncertainty for DACA recipients and the ongoing COVID-19 pandemic, the gains made possible through DACA are vulnerable.” Even with legal challenges threatening its future, DACA “remains a critical lifeline for hundreds of thousands of people. The 2021 survey results make it abundantly clear why Congress must take immediate action to permanently protect DACA recipients—as well as people who have been unable to access the program due to the legal challenges—by providing them a pathway to citizenship,” the Center for American Progress said. https://www.americanprogress.org/article/2021-survey-of-daca-recipients-underscores-the-importance-of-a-pathway-to-citizenship/

USCIS webinar on H-1B electronic registration process. U.S. Citizenship and Immigration Services (USCIS) will hold a webinar, “H-1B Electronic Registration Process,” on Thursday, February 24, 2022, from 2 to 3 p.m. ET. USCIS representatives will updates on the myUSCIS online account features for the FY 2023 H-1B electronic registration process and address questions. USCIS encourages participants to submit questions in advance to [email protected] by February 8, 2022, at noon ET. Enter “H-1B Electronic Registration Process” in the subject line. To register, go to USCIS registration page (); enter your email address; submit; select “Subscriber Preferences”; select the “Questions” tab; provide your location, organization name and type (if applicable); complete the questions; and select “Submit.” USCIS will process your registration and send you a confirmation email with additional details. Email [email protected] with any questions or registration issues.

GAO report on DACA. The U.S. Government Accountability Office (GAO) released a new report, “Immigration: Information on Deferred Action for Childhood Arrivals” (GAO-22-104734). The report notes that in 2012, U.S. Citizenship and Immigration Services published guidance explaining that it would not proactively provide information from denied DACA requests to immigration enforcement agencies unless the requestor posed a potential public safety risk or the request was potentially fraudulent. GAO found that USCIS shared such information with enforcement agencies in rare circumstances between June 2012 and June 2021. Specifically, of the 106,000 DACA requests that USCIS denied, it referred fewer than 900 cases (less than 1 percent) to U.S. Immigration and Customs Enforcement. https://www.gao.gov/products/gao-22-104734

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 (IER), of the Civil Rights Division, is offering a number of free webinars for workers, employers, and advocates. For more information, see https://www.justice.gov/crt/webinars. E-Verify webinar schedule. E-Verify has released its calendar of webinars at https://www.e-verify.gov/calendar-field_date_and_time/month. Alliance of Business Immigration Lawyers:

Back to Top

ABIL Member / Firm News

Foster LLP presented a webinar, “Immigration: Are You Ready for 2022?,” on January 26, 2022. Presenters discussed what employers should keep in mind when planning their organization’s immigration needs for 2022 and the importance of immigration policy. Topics included a brief recap of 2021; business needs and developing corporate immigration policy; immigration timelines and compliance, including H-1B, L-1, TN, global sponsorship, permanent residence sponsorship, and I-9 compliance; and hot topics. Speakers included Avalyn Langemeier, Philip Eichorn, and Vi Palacios

Charles Kuck (bio: https://www.abil.com/lawyers/lawyers-kuck.cfm) was quoted by the Atlanta Journal-Constitution in ” ‘A Huge Burden’: Bail Bonds for Detained Immigrants Higher in Georgia.” Mr. Kuck said, “It disappoints me that Georgia immigration courts seem to be setting higher bonds than other parts of the United States. [But] is there a correlation between a higher bond and an appearance [in court]? I don’t think there is. Anecdotally, from my own experience having represented thousands of people in immigration court, there is no correlation at all.” https://www.ajc.com/news/a-huge-burden-bail-bonds-for-detained-immigrants-higher-in-georgia/QAM6MJ4GQBESVIQEHGQZG3PPME/

Robert Loughran announced:

  • Avalyn Langemeier spoke on a panel, “What the H?!,” at the Texas Bar’s 20th Annual Course in Advanced Immigration Law on February 3-4, 2022. The panel discussed the failure to advise an employer/employee correctly on immigration matters, ethics, and situations that might arise. https://www.texasbarcle.com/materials/Programs/4303/Brochure.pdf
  • Oxana Bowman, Cathy Liu, and Andrés Zamberk will discuss in their webinar, “To (H-1)B or Not to (H-1)B—Preparing for the H-1B Cap Season,” the definition and elements of eligibility for the H-1B visa, lottery selection, and relevant timelines for the fiscal year 2023 H-1B cap registration process, and helpful tips when working with H-1B candidates and the H-1B process. The webinar, hosted by Foster LLP, will be held February 9, 2022. https://attendee.gotowebinar.com/register/8082799567985137419

·         Avalyn Langemeier, Philip Eichorn, and Vi Palacios discussed in their webinar, “Immigration: Are You Ready for 2022?,” what employers should keep in mind when planning their organization’s immigration needs for 2022 and the importance of an immigration policy. This webinar was held January 26, 2022. https://attendee.gotowebinar.com/register/244362480959499536·         Avalyn Langemeier discussed in her presentation, “Is Immigration to the U.S. Good for America?,” the contributions of immigrants and why immigrants are needed in the United States, in the Legalkwik seminar on January 27, 2022, hosted by HR Houston. https://www.hrhouston.org/events/EventDetails.aspx?id=1544444&group=·         Oxana Bowman and Sandra Dorsthorst discussed in their webinar, “To (H-1)B or Not to (H-1)B – Cap Season,” strategies for contingency planning for employers whose sponsored employees are not selected in the H-1B cap lottery. This webinar, hosted by HR Houston, was held January 13, 2022. https://www.hrhouston.org/events/EventDetails.aspx?id=1578132&group=

Cyrus Mehta (bio: https://www.abil.com/lawyers/lawyers-mehta.cfm) and Jessica Paszko co-authored a new blog post: “Amin v. Mayorkas: Fifth Circuit Denies EB-1 Extraordinary Ability Petition Even Though Petitioner Met Three Out of Ten Regulatory Criteria.”

Mr. Mehta and Kaitlyn Box co-authored several new blog posts: “Expansion of STEM Practical Training and Broadening of O-1A Standards Allows Foreign Talented Students to Contribute to the U.S. Even If Rejected in the H-1B Lottery,” https://bit.ly/34ftIvM; “Frequently Asked Questions on Transferring the Underlying Basis of an I-485 Application From an I-140 Petition Under India EB-3 to an I-140 Under India EB-2,” https://bit.ly/3fOmG3D

Greg Siskind, of Siskind Susser PC, was quoted by Time in “Tens of Thousands of Afghans Who Fled the Taliban Are Now Marooned in America’s Broken Immigration Bureaucracy.” The article notes that Afghans left behind after the U.S. evacuation were caught in a Catch-22: to be approved for humanitarian parole, they were told they must go to a U.S. embassy for vetting and biometrics screenings, but the U.S. embassy in Afghanistan suspended operations. Mr. Siskind said that when Afghans fled to nearby countries and reported to a U.S. Embassy there, USCIS’s response was, “if you’re out of the country, you’re not in danger anymore, and therefore you’re not eligible for humanitarian parole. His law firm has taken on pro bono cases for Afghans abroad applying for humanitarian parole. Mr. Siskind received his first denial notice from USCIS recently for an Afghan woman who fled to Pakistan with her three teenage children. The woman is a single mother who fears being a target of the Taliban because she worked with the World Bank, he said. USCIS didn’t explain why the woman was rejected; a line from the USCIS notice said simply that the agency “determined that parole is not warranted. Therefore we have denied your request for parole,” Mr. Siskind said. https://time.com/6141516/afghans-humanitarian-parole/

William Stock (bio: https://www.abil.com/lawyers/lawyers-stock.cfm?c=US), Michele Madera, and Nigel James of Klasko Immigration Law Partners, LLP, presented on January 19, 2022, lessons learned from the 2021 H-1B cap season to help companies plan for the upcoming 2022 H-1B lottery. They also provided updates on regulations and litigation outcomes. https://us06web.zoom.us/webinar/register/7216413311518/WN_vwfA4iA2QTO95p2dttvdlg

Wolfsdorf Rosenthal LLP has published several new blog posts: “State Dept. Announces F/M/J Nonimmigrant Visa Processing Posts Outside of Moscow for Applicants Resident in Russia”; “Biden Administration Implements New Actions to Increase Opportunities for STEM Students, Professionals, Others”; “Immigration Update”; “February 2022 Visa Bulletin Update”; and “I-9 Form Update: COVID-19 Pandemic-Related Temporary Policies, Employer Tips.” https://wolfsdorf.com/news/  https://wolfsdorf.com/news/

Stephen Yale-Loehr (bio: https://www.abil.com/lawyers/lawyers-loehr.cfm?c=US) was quoted by Baptist News Global in “America’s Economy Urgently Needs More Immigrant Labor, Experts Explain.” Noting that the fields of science, technology, engineering, and mathematics (STEM) are areas where the United States could use a boost of immigrants, Mr. Yale-Loehr commented that the Biden administration’s shift in federal policy to make it easier for STEM scholars to work in the United States is a good first step, “but we must do more to address existing backlogs. So many workers have to be laid off because their [work] permits have expired.” https://baptistnews.com/article/americas-economy-urgently-needs-more-immigrant-labor-experts-explain/#.YfXCRprMK71

Mr. Yale-Loehr was quoted by Vox in “Biden Is Defending Key Trump Immigration Policies in Court.” For the Biden administration, he said, defending some of the Trump administration’s most controversial immigration policies could be an attempt to preserve tools to manage the border, or they could mark an internal disagreement on righting the wrongs of the Trump era. “Every administration wants to have as much flexibility and discretion as it can on immigration because you never know what conditions will arise in the future,” he said. https://www.vox.com/22893065/biden-family-separations-title-42-border-court

Mr. Yale-Loehr was quoted by Law360 in “Breyer Leaves Legacy of Extending Constitution to Migrants.” The article noted that U.S. Supreme Court Justice Stephen Breyer, who announced his retirement after nearly three decades on the bench, leaves behind a legacy of influential legal opinions and dissents that sought to extend constitutional rights and protections to noncitizens. Mr. Yale-Loehr stated that Justice Breyer “did not always prevail in extending constitutional or statutory rights to noncitizens.” But “whether he won or lost, Justice Breyer showed a commitment to apply the Constitution to noncitizens.” https://www.law360.com/immigration/articles/1459013/breyer-leaves-legacy-of-extending-constitution-to-migrants (registration required)

Mr. Yale-Loehr was quoted by several media outlets regarding recent U.S. policy changes making it easier for STEM international students to work in the United States:

  • “Biden Admin. Expands Definition Of STEM For Int’l Students,” Law360. Mr. Yale-Loehr said, “Together, these administrative changes provide a small but significant step to help keep U.S. companies competitive in a global economy and to address workforce shortages. Larger actions, such as increasing the number of employment-based green cards, will require Congressional action.” https://www.law360.com/immigration/articles/1457587/biden-admin-expands-definition-of-stem-for-int-l-students (registration required)
  • “Foreign Students Will Now Have More Job Opportunities After Visa Modification,” Univision. Mr. Yale-Loehr said, “These changes will help keep American businesses competitive. The policy changes will make it easier for international students and professionals in so-called STEM fields to stay and work in the United States for an extended period of time after they complete their studies and graduate. Among other things, the changes add 22 new STEM fields, including bioenergy, cloud computing, and data science, that international students can study to qualify for work in the United States for up to three years after graduation.” https://www.univision.com/noticias/inmigracion/estudiantes-visas-f-1-tendran-mas-oportunidades-para-trabajar-eeuu (in Spanish, with English translation available)

Mr. Yale-Loehr (bio: https://www.abil.com/lawyers/lawyers-loehr.cfm?c=US) was quoted by the Utica NY Observer-Dispatch in ” ‘Not to be there…is killing me’: Professor Aches for Comatose Wife Stuck in Ethiopia.” Mr. Yale-Loehr noted that both the pandemic and the United States’ “broken” immigration system have led to many family separations. “Family separation is a large and continuing problem in all of immigration,” he said. (subscription required)

Mr. Yale-Loehr was quoted by Univision in “Supreme Court Hears Arguments on the Release of Undocumented Persons Detained for More Than 6 Months.” He said, “Two lower courts held that, in certain cases, immigrants have that right [to a bail hearing]. But the conservative majority of the Supreme Court may disagree with those rulings,” he warns. The arguments, presented by immigration defense attorneys and the Justice Department, concern whether foreigners who have been detained for more than six months “have the right to a bail hearing to be released,” he said. In one of the cases, the immigrant Antonio Arteaga-Martínez argues that to avoid a violation of due process, “he and some other immigrants should have the right to a bond hearing after six months in detention. However, last year, the Supreme Court ruled 6-3 that immigrants who return illegally to the United States after being deported must be held without bond while they await a second deportation hearing,” he noted. Mr. Yale-Loehr said that “the cases are important, in part due to the large backlog of cases in immigration court. More than 1.5 million immigrants have cases pending with the [Executive Office for Immigration Review]. It can take years to get a decision. If immigrants have to be detained all that time, the monetary and social costs will be immense.” https://www.univision.com/noticias/inmigracion/corte-suprema-indocumentados-liberacion-detenidos-seis-meses (in Spanish, with English translation available)

Back to Top

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

Back to Top

ABIL Immigration Insider • January 2, 2022

/in /by

In this issue:

1. USCIS Extends Flexibilities for Responding to Certain Agency Requests – The flexibilities apply if the issuance date listed on the request, notice, or decision is between March 1, 2020, and March 26, 2022, inclusive. USCIS said it will consider a response to such requests and notices received within 60 calendar days after the response due date set in the request or notice before taking any action.

2. State Dept. Proposes Raising Consular Service Fees for Nonimmigrant and Special Visas – The Department of State has proposed raising fees for consular services for several nonimmigrant visa application processing fees, the Border Crossing Card for Mexican citizens age 15 and over, and the waiver of the two-year residency requirement fee for certain J exchange visitors.

3. Restrictions on Travelers From Southern African Countries Lifted – Affected countries include Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, and Zimbabwe.

4. Certain Healthcare Workers Can Request Expedited Work Permits, USCIS Says – Qualified healthcare workers who have pending employment authorization document (EAD) renewal applications and EADs that will expire in 30 days or less, or that have already expired, can request expedited processing of the EAD application.

5. Labor Dept. Issues H-2A FAQ on Wage Disclosure and Calculation Requirements for Agricultural Clearance Orders – The Department of Labor’s Employment and Training Administration has released a set of frequently asked questions related to the wage disclosure and calculation requirements for agricultural clearance orders, including in the H-2A temporary labor certification program.

6. State Dept. Expands Waivers of In-Person Interviews for Certain Temporary Nonimmigrant Visa Applicants – The Secretary of State, in consultation with the Department of Homeland Security, has authorized consular officers to waive the in-person interview requirement for certain temporary employment nonimmigrant visa applicants who have a petition approved USCIS.

7. Restrictions on Travelers From Southern African Countries Lifted December 31 – In addition to South Africa, the other countries include Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, and Zimbabwe.

8. For First Time, DHS to Supplement H-2B Cap With Additional Visas in First Half of Fiscal Year – The Departments of Homeland Security (DHS) and Labor (DOL) announced a forthcoming joint temporary final rule to make available an additional 20,000 H-2B temporary nonagricultural worker visas for FY 2022. These visas will be set aside for U.S. employers seeking to employ additional workers on or before March 31, 2022.

9. OFLC Reminds Employers That H-2B Filing Window Started January 1 – The filing window opened on January 1, 2022, for employers of H-2B workers to submit Form ETA-9142B, Application for Temporary Employment Certification, with appendices, requesting work start dates of April 1, 2022, or later. OFLC warned that H-2B applications requesting an April 1, 2022, work start date will be denied if they were filed before January 1, 2022.

10. State Dept. Updates Guidance on F-1, M-1 Student Intent to Depart and Residence Abroad Requirements – The Department of State updated its Foreign Affairs Manual on intent to depart and residence abroad requirements for F-1 and M-1 students. The guidance may also be useful for J-1 exchange visitors and Afghan scholars.

11. DHS Withdraws H-1B Selection Final Rule – Following a related action by the Department of Labor in response to a court order, the DHS withdrew a rule that would have changed the way USCIS selects H-1B registrations submitted by prospective petitioners seeking to file an H-1B cap-subject petition by ranking and selecting registrations based generally on corresponding wage levels.

12. U.S. Passport Fees Rose December 27 – The fee for a U.S. passport book increased by $20, the Department of State announced.

13. CBP Confirms Lifting of Temporary Travel Restrictions Between the United States and Canada, Mexico – U.S. Customs and Border Protection published notices on December 23, 2021, announcing the lifting on November 8, 2021, of temporary restrictions that applied to non-essential travel by fully vaccinated travelers with proof of COVID-19 vaccination status entering via land ports and ferry service along the U.S. borders with Canada and Mexico.

14. Immigration Provisions of Social Spending Bill in Limbo as Senate Democrats Struggle With Parliamentarian Rejections, Uncertainties – Lawmakers struggled to consider their options, including revisions to the immigration provisions or simply moving ahead without parliamentarian approval.

15. DHS Extends I-9 Flexibility to April 30, 2022 – DHS extended the flexibility policy in complying with certain physical inspection requirements related to Form I-9, Employment Eligibility Verification, until April 30, 2022.

16. USCIS Releases Fourth-Quarter Data Showing Persistent Backlogs, Some Progress – USCIS released fourth-quarter fiscal year (FY) 2021 reports offering a snapshot of statistics for the entire fiscal year.

17. State Dept. Changes DV-2022 Document Submission Processing Requirements – Once the DS-260 immigrant visa application is received for all applicants associated with a case, that case will be eligible to be scheduled for a visa interview.

18. Smuggling, Forced Labor Ring Busted in Indictment – Two dozen defendants were indicted on federal conspiracy charges after a transnational, multi-year investigation into an alleged human smuggling and labor trafficking operation that illegally imported agricultural workers from Mexico, Guatemala, and Honduras, fraudulently using the H-2A visa program, and kept them in brutal conditions on Georgia farms.

19. Labor Dept. Issues Final Rule on Adjudication of H-2A Applications for Temporary and Seasonal Range Workers for Herding and Production of Livestock – Effective January 18, 2022, the Department of Labor is amending its regulations regarding the adjudication of temporary need for employers seeking to employ nonimmigrant workers for herding or production of livestock on the range.

20. Labor Dept. Issues 2022 Adverse Effect Wage Rates for H-2A Range, Non-Range Occupations – The Department of Labor published the 2022 Adverse Effect Wage Rates for the employment of temporary or seasonal workers to perform range (herding or production of livestock) and non-range agricultural labor or services.

21. Justice Dept. Adjusts Certain Immigration-Related Penalties on Employers – The Department of Justice has adjusted for inflation the civil monetary penalties assessed after December 13, 2021, for violations occurring after November 2, 2015.

22. Labor Dept. Implements Court Order Vacating Prevailing Wage Final Rule – The vacated rule amended regulations governing the prevailing wages for employment opportunities that U.S. employers seek to fill with foreign workers on a permanent or temporary basis through certain employment-based visas or through H-1B, H-1B1, or E-3 nonimmigrant visas.

23. USCIS Temporarily Waives 60-Day Rule for Civil Surgeon Signatures – USCIS is temporarily waiving, until September 30, 2022, the requirement that the civil surgeon sign Form I-693, Report of Medical Examination and Vaccination Record, no more than 60 days before an applicant files an application for the underlying immigration benefit.

24. Labor Dept. Provides Guidance on Employers’ H-2B Visa Program Overtime Pay Obligations – The Department of Labor’s Wage and Hour Division provided guidance on employers’ overtime obligations related to the H-2B visa program.

25. USCIS Extends Transitional Parole for Certain CNMI Long-Term Resident Status Applicants – U.S. Citizenship and Immigration Services will automatically extend parole and employment authorization, if applicable, to current parolees who timely applied for Commonwealth of the Northern Mariana Islands long-term resident status and whose applications remain pending on December 30, 2021.

26. E-Verify Consolidates User Profile Screen – The consolidated elements include user profile information, updating/changing a password, and updating/changing password challenge questions and answers.

27. ABIL Global: Italy – The Italian government announced the number of non-European Union workers allowed into Italy.

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 – January 2022

1. USCIS Extends Flexibilities for Responding to Certain Agency Requests

U.S. Citizenship and Immigration Services (USCIS) is extending the flexibilities it originally announced on March 30, 2020, to assist applicants, petitioners, and requestors who are responding to certain requests.

The flexibilities apply if the issuance date listed on the request, notice, or decision is between March 1, 2020, and March 26, 2022, inclusive. USCIS said it will consider a response to such requests and notices received within 60 calendar days after the response due date set in the request or notice before taking any action.

The flexibilities cover responses to Requests for Evidence; Continuations to Request Evidence (N-14); Notices of Intent to Deny, Revoke, or Rescind; Notices of Intent to Terminate regional centers; and Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant. In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion, or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if the form was filed up to 90 calendar days from issuance of a decision USCIS made, and the agency made that decision between November 1, 2021, and March 26, 2022, inclusive.

Details:

Back to Top

2. State Dept. Proposes Raising Consular Service Fees for Nonimmigrant and Special Visas

The Department of State (DOS) has proposed raising fees for consular services for several nonimmigrant visa (NIV) application processing fees, the Border Crossing Card (BCC) for Mexican citizens age 15 and over, and the waiver of the two-year residency requirement fee for certain J exchange visitors. Specifically, the Department proposes:

  • To increase the non-petition-based NIV fee from $160 to $245 per application. Non-petition-based NIVs include a variety of nonimmigrant visas, such as those for business and tourist travel (B1/B2); students and exchange visitors (F, M, and J); crew and transit visas (C and D); representatives of foreign media (I), and other country-specific visa classes, as well as BCCs for applicants age 15 or older who are citizens of and resident in Mexico.
  • To increase fees for all petition-based NIVs related to employment in the United States from $190 to $310. Petition-based NIVs include categories for temporary workers and trainees (H); intracompany transferees (L); aliens of extraordinary ability (O); athletes, artists, and entertainers (P); international cultural exchange participants (Q); and religious workers (R).
  • To increase the E category NIV fee from $205 to $485.
  • To increase the J waiver fee from $120 to $510.

DOS will accept comments on the proposed rule until February 28, 2022.

Details:

Back to Top

3. Restrictions on Travelers From Southern African Countries Lifted

Temporary travel restrictions the Biden administration imposed in November on foreign travelers from South Africa and seven other countries in the region, due to the spread of the Omicron variant of COVID-19, were lifted on December 31, 2021, following recommendations from the Centers for Disease Control and Prevention. In addition to South Africa, the other countries include Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, and Zimbabwe. A related Presidential Proclamation noted, among other things, that “scientific experts have determined that people who are vaccinated against COVID-19 are protected against severe disease and hospitalization from the Omicron variant. Moreover, the Omicron variant has now spread to more than 100 countries, and it is prevalent in the United States.”

People traveling from South Africa and the other seven countries will now need to meet the same requirements as other foreign travelers to the United States: be fully vaccinated and obtain a negative COVID-19 test within a day before their departure to the United States. All travelers, including U.S. citizens, lawful permanent residents, and foreign nationals, must show to the airline documentation of a negative viral test result taken within one day of the flight’s departure before boarding. The CDC recently shortened the testing time period from within three days before travel to within one day.

The Department of State (DOS) noted that the rescission of the travel ban does not necessarily mean that a local U.S. embassy or consulate can immediately schedule all affected applicants for visa interviews. DOS recommended that travelers check the embassy or consulate website for information on what services they are offering and instructions on how to apply for a visa.

Details:

Back to Top

4. Certain Healthcare Workers Can Request Expedited Work Permits, USCIS Says

U.S. Citizenship and Immigration Services (USCIS) announced that qualified healthcare workers who have pending employment authorization document (EAD) renewal applications and EADs that will expire in 30 days or less, or that have already expired, can request expedited processing of the EAD application.

Workers should check the related DHS advisory memorandum to determine whether they qualify. Workers requesting expedited processing of their EADs must provide evidence of their profession or current employment as a healthcare workers. To request expedited processing, workers should call the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833).

Details:

Back to Top

5. Labor Dept. Issues H-2A FAQ on Wage Disclosure and Calculation Requirements for Agricultural Clearance Orders

The Department of Labor’s Employment and Training Administration (ETA) has released a set of frequently asked questions (FAQ) related to the wage disclosure and calculation requirements for agricultural clearance orders, including in the H-2A temporary labor certification program.

The FAQ reminds State Workforce Agencies that they must check an employer’s piece rate offer, estimated in hourly wage rate equivalents for each activity and unit size, when reviewing the Forms ETA-790A and 790B (collectively referred to as “agricultural clearance orders”) and to clarify related wage disclosure and calculation requirements of these forms for employers.

Details:

Back to Top

6. State Dept. Expands Waivers of In-Person Interviews for Certain Temporary Nonimmigrant Visa Applicants

The Secretary of State, in consultation with the Department of Homeland Security, has authorized consular officers to waive the in-person interview requirement for certain temporary employment nonimmigrant visa applicants who have a petition approved by U.S. Citizenship and Immigration Services.

The new authorization applies to temporary workers applying for H-1, H-3, H-4, L, O, P, and Q visas who meet certain conditions, including that they are applying for a visa in their country of nationality or residence, the Department of State (DOS) said. In addition, the Secretary extended previously approved policies to waive the visa interview for certain students, professors, research scholars, short-term scholars, and specialists (F, M, and academic J visa applicants) through the end of 2022.

Additionally, the Secretary of State has extended consular officers’ ability to waive the in-person interview through December 31, 2022, for the following other categories of nonimmigrant visas: temporary agricultural and non-agricultural workers (H-2 visas), students (F and M visas), and student exchange visitors (academic J visas).

One change to the previous policy, DOS noted, is that applicants eligible for the waiver authority because they are citizens or nationals of a Visa Waiver Program (VWP) participating country must have previously traveled to the United States using an authorization obtained via the Electronic System for Travel Authorization to qualify.

DOS said it encourages applicants to check the website of the relevant U.S. embassy or consulate to confirm the level of services currently offered and to find guidelines for applying for a visa without an interview. Embassies and consulates may still require an in-person interview on a case-by-case basis and depending on local conditions, the agency noted.

Details:

Back to Top

7. Restrictions on Travelers From Southern African Countries Lifted December 31

Temporary travel restrictions the Biden administration imposed in November on foreign travelers from South Africa and seven other countries in the region, due to the spread of the Omicron variant of COVID-19, were lifted on December 31, 2021, following recommendations from the Centers for Disease Control and Prevention. In addition to South Africa, the other countries include Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, and Zimbabwe.

Those traveling from South Africa and the other seven countries now need to meet the same requirements as other foreign travelers to the United States: be fully vaccinated and obtain a negative COVID-19 test within a day of their departure to the United States.

Details:

Back to Top

8. For First Time, DHS to Supplement H-2B Cap With Additional Visas in First Half of Fiscal Year

The Departments of Homeland Security (DHS) and Labor (DOL) announced on December 20, 2021, the forthcoming publication of a joint temporary final rule to make available an additional 20,000 H-2B temporary nonagricultural worker visas for fiscal year (FY) 2022. These visas will be set aside for U.S. employers seeking to employ additional workers on or before March 31, 2022, DHS said.

The agency said, “This supplemental cap marks the first time that DHS is making additional
H-2B visas available in the first half of the fiscal year. Earlier this year, USCIS received enough petitions for returning workers to reach the additional 22,000 H-2B visas made available under the FY 2021 H-2B supplemental visa temporary final rule.”

The supplemental H-2B visa allocation consists of 13,500 visas available to returning workers who received an H-2B visa, or were otherwise granted H-2B status, during one of the last three fiscal years, DHS noted. The remaining 6,500 visas, which are exempt from the returning worker requirement, are reserved for nationals of Haiti and the Northern Triangle countries of Honduras, Guatemala, and El Salvador.

Details:

Back to Top

9. OFLC Reminds Employers That H-2B Filing Window Started January 1

The Department of Labor’s Office of Foreign Labor Certification (OFLC) reminded employers and other stakeholders that the filing window for employers of H-2B workers opened on January 1, 2022, to submit Form ETA-9142B, Application for Temporary Employment Certification, with appendices, requesting work start dates of April 1, 2022, or later. OFLC warned that H-2B applications requesting an April 1, 2022, work start date would be denied if they were filed before January 1, 2022.

OFLC said it would randomly order for processing all H-2B applications requesting a work start date of April 1, 2022, that were filed during the initial three calendar days (January 1-3, 2022) using randomization procedures. Each day, from January 2 through January 4, 2022, OFLC planned to publish on the Foreign Labor Application Gateway System the number of H-2B applications received to date and the total number of requested worker positions on those applications.

Details:

Back to Top

10. State Dept. Updates Guidance on F-1, M-1 Student Intent to Depart and Residence Abroad Requirements

The Department of State (DOS) updated its Foreign Affairs Manual (FAM) on intent to depart and residence abroad requirements for F-1 and M-1 students. The guidance may also be useful for J-1 exchange visitors and Afghan scholars.

The guidance states that student visa applicants must possess a present intent to depart the United States at the conclusion of their approved activities, but that such intentions may be subject to, or even likely to, change and that this is not a sufficient reason to deny a visa. Further, the guidance notes, the present intent to depart does not imply a need to return to the country from which they hold a passport; it only means that they must intend to leave the United States upon completion of studies. A student can be considered as maintaining a residence abroad if he or she intends to return to reside with parents or guardians.

The guidance notes that students, who are typically young, are at a phase in life where they are not expected to necessarily have long-range plans or be able to fully explain what their plans are after they finish their studies. The guidance notes that the context of the residence abroad requirement for student visas inherently differs from the context for B visitor or other short-term visas: “It is natural that the student does not possess ties of property, employment, and continuity of life typical of B visa applicants.”

Details:

Back to Top

11. DHS Withdraws H-1B Selection Final Rule

The Department of Homeland Security (DHS) published a final rule on December 22, 2021, that withdrew the “Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions” final rule, also known as the H-1B Selection Final Rule, issued January 8, 2021. That rule was vacated by the U.S. District Court for the Northern District of California.

On September 15, 2021, the court in Chamber of Commerce of the United States of America et al. v. United States Department of Homeland Security, et al., No. 4:20–cv–07331 (N.D. Cal. March 19, 2021) vacated the H-1B Selection Final Rule. The rule would have changed the way USCIS selects H-1B registrations (or petitions, if registration is suspended) submitted by prospective petitioners seeking to file an H-1B cap-subject petition by ranking and selecting registrations based generally on corresponding wage levels.

DHS’s action follows a similar final rule from the Department of Labor, effective December 13, 2021.

Details:

Back to Top

12. U.S. Passport Fees Rose December 27

The fee for a U.S. passport book increased by $20 on December 27, 2021, the Department of State (DOS) announced, attributing the rise to a need “to ensure we continue to produce one of the most secure travel and identity documents in the world.”

As examples, the fee for renewing a U.S. passport book by mail was $110; as of December 27, that fee rose by 18.2% to $130.

DOS also said it plans to launch its long-awaited online passport renewal system by fall 2022. The system is undergoing pilot-testing by federal employees and contractors. President Biden issued an executive order on December 13, 2021, requiring a system that does not require physical documents to be mailed.

Details:

Back to Top

13. CBP Confirms Lifting of Temporary Travel Restrictions Between the United States and Canada, Mexico

U.S. Customs and Border Protection (CBP) published notices on December 23, 2021, announcing the lifting on November 8, 2021, of temporary restrictions that applied to non-essential travel by fully vaccinated travelers with proof of COVID-19 vaccination status entering via land ports and ferry service along the U.S. borders with Canada and Mexico.

Details:

Back to Top

14. Immigration Provisions of Social Spending Bill in Limbo as Senate Democrats Struggle With Parliamentarian Rejections, Uncertainties

After the Senate parliamentarian rejected a plan that included work permits and protection from deportation favored by Democrats for inclusion in the “social spending” budget reconciliation bill, lawmakers struggled to consider their options, including revisions to the immigration provisions or simply moving ahead without parliamentarian approval. Several Democratic senators issued a joint statement: “We strongly disagree with the Senate parliamentarian’s interpretation of our immigration proposal, and we will pursue every means to achieve a path to citizenship in the Build Back Better Act.”

The parliamentarian has not yet addressed other immigration provisions included in the social spending bill, such as green card backlog relief, and their fate remains uncertain.

Details:

Back to Top

15. DHS Extends I-9 Flexibility to April 30, 2022

The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility policy in complying with certain physical inspection requirements related to Form I-9, Employment Eligibility Verification. The flexibility policy was set to expire December 31, 2021, but because of ongoing pandemic issues, DHS extended it until April 30, 2022.

DHS said that eligible employees working exclusively in remote settings are temporarily exempt from the physical inspection requirements associated with the Employment Eligibility Verification (Form I-9) until they undertake non-remote employment on a regular, consistent, or predictable basis, or the extension of the flexibilities related to such requirements is terminated, whichever is earlier. If employees are physically present at a work location, no exceptions are being implemented now for in-person verification of identity and employment eligibility documentation.

Employers are advised to monitor the DHS and ICE workforce enforcement announcements for updates on ending the extension and resuming normal operations. E-Verify participants who meet the criteria and choose the remote inspection option should continue to follow current guidance and create cases for their new hires within three business days from the date of hire, DHS said.

Details:

Back to Top

16. USCIS Releases Fourth-Quarter Data Showing Persistent Backlogs, Some Progress

U.S. Citizenship and Immigration Services (USCIS) released fourth-quarter fiscal year (FY) 2021 reports offering a snapshot of statistics for the entire fiscal year. The agency noted:

  • Employment-based adjustments: USCIS said it faced an unprecedented challenge of processing more than 237,000 employment-based permanent residence (green card) applications—which 122,000 immigrant visa numbers that the Department of State was unable to process in FY 2020 due to COVID-19 pandemic restrictions. By the end of FY 2021, USCIS had approved more than 172,000 employment-based adjustment of status applications, which the agency said was 50% above the typical baseline.
  • Processing delays: Across the agency, the volume of pending cases increased as well as associated processing times. To address the backlogs, USCIS said it reused biometrics for 2.5 million applicants since March 2020; reduced the number of pending biometrics appointments from 1.4 million in January 2021 to 155,000 as of the end of September; and fully eliminated the “front-log” of cases awaiting intake processing (which was more than 1 million receipts in January 2021 and was eliminated in July) by expanding staffing and overtime at USCIS Lockbox facilities.

The USCIS table below shows approved employment-based petitions awaiting visa availability by preference category and country of birth as of September 2021. The grand total was 438,377, with the most from India at 357,720.

Details:

Back to Top

17. State Dept. Changes DV-2022 Document Submission Processing Requirements

The Department of State (DOS) announced that as of December 9, 2021, individuals who were randomly selected to participate in the diversity visa (DV) program for fiscal year (FY) 2022 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 the DS-260 is received for all applicants associated with a case, that case will be eligible to be scheduled for a visa interview.

DOS said that DV-2022 selectees no longer must submit to the KCC any other required supporting documents for DV-2022 to be eligible for an in-person interview at an embassy or consulate. Rather, all supporting documents for DV-2022 selectees will be collected in connection with the interview and evaluated at the embassy or consulate where the visa application is made. DOS said it is treating this as a “pilot program” and will assess the costs and benefits later in the program year.

Details:

Back to Top

18. Smuggling, Forced Labor Ring Busted in Indictment

Two dozen defendants were indicted on federal conspiracy charges after a transnational, multi-year investigation into an alleged human smuggling and labor trafficking operation that illegally imported agricultural workers from Mexico, Guatemala, and Honduras, fraudulently using the H-2A visa program, and kept them in brutal conditions on Georgia farms, the U.S. Attorney’s Office for the Southern District of Georgia announced.

The newly unsealed, 54-count indictment in USA v. Patricio et al. details felony charges resulting from “Operation Blooming Onion,” an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. The multi-agency investigation, led by Homeland Security Investigations and other federal agencies, spanned at least three years. The 53-page indictment documents dozens of victims of “modern-day slavery” brought to the United States as contract agricultural laborers.

According to a statement from the U.S. Attorney’s Office, exploitation of the workers included “being required to dig onions with their bare hands, paid 20 cents for each bucket harvested, and threatened with guns and violence to keep them in line. The workers were held in cramped, unsanitary quarters and fenced work camps with little or no food, limited plumbing and without safe water. The conspirators are accused of raping, kidnapping and threatening or attempting to kill some of the workers or their families, and in many cases [the conspirators] sold or traded the workers to other conspirators. At least two of the workers died as a result of workplace conditions.” The perpetrators are alleged to have received more than $200 million from the scheme, which also included money laundering and witness intimidation and tampering.

Details:

Back to Top

19. Labor Dept. Issues Final Rule on Adjudication of H-2A Applications for Temporary and Seasonal Range Workers for Herding and Production of Livestock

Effective January 18, 2022, the Department of Labor (DOL) is amending its regulations regarding the adjudication of temporary need for employers seeking to employ nonimmigrant workers for herding or production of livestock on the range. Consistent with a court-approved settlement agreement, the final rule rescinds a regulatory provision that governed the period of need for such jobs under the H-2A visa classification to ensure that DOL’s adjudication of temporary or seasonal need is conducted in the same manner for all applications for temporary agricultural labor certification.

Specifically, in this final rule, DOL is eliminating a presumptive period of need for employment involving range herding and an absolute restriction on the period of need for employment involving range livestock activities. Instead, all employers applying for H-2A temporary agricultural labor certifications under the final rule must individually demonstrate that their need for workers is temporary or seasonal, regardless of occupation.

Details:

  • DOL final rule, 86 Fed. Reg. 71373 (Dec. 16, 2021),

Back to Top

20. Labor Dept. Issues 2022 Adverse Effect Wage Rates for H-2A Range, Non-Range Occupations

The Department of Labor published notices with the 2022 Adverse Effect Wage Rates (AEWR) for the employment of temporary or seasonal workers to perform range (herding or production of livestock) and non-range agricultural labor or services.

  • The AEWR for range occupations is effective January 1, 2022. The notice states that employers of range workers must pay each worker a wage that is at least the highest of the monthly AEWR of $1,807.23, the agreed-upon collective bargaining wage, or the applicable minimum wage.
  • The AEWR for non-range occupations is effective December 29, 2021. A state-by-state chart shows non-range AEWRs by state, from a low of $11.99 in Alabama to a high of $17.51 in California.

Details:

  • DOL notice (non-range), 86 Fed. Reg. 71282 (Dec. 15, 2021),

Back to Top

21. Justice Dept. Adjusts Certain Immigration-Related Penalties on Employers

The Department of Justice has adjusted for inflation the civil monetary penalties assessed after December 13, 2021, for violations occurring after November 2, 2015. The adjustments made by the final rule are based on the Bureau of Labor Statistics’ Consumer Price Index for October 2020.

The final rule includes a table showing the old and new penalties. For example:

  • In 2016, “unlawful employment of aliens, first order (per unauthorized alien)” the penalty was a minimum of $539 to a maximum of $4,313. Now the minimum is $590 and the maximum is $4,722.
  • For a second such violation, the minimum in 2016 was $4,313 and the maximum was $10,781; now the minimum is $4,722 and the maximum is $11,803.

Details:

Back to Top

22. Labor Dept. Implements Court Order Vacating Prevailing Wage Final Rule

The Department of Labor’s Employment and Training Administration (ETA) published a final rule, effective December 13, 2021, implementing a federal district court order vacating a controversial January 14, 2021, final rule that was initially promulgated in October 2020. The rule amended ETA regulations governing the prevailing wages for employment opportunities that U.S. employers seek to fill with foreign workers on a permanent or temporary basis through certain employment-based visas or through H-1B, H-1B1, or E-3 nonimmigrant visas.

The new final rule removes the regulatory text that DOL initially promulgated and restores the regulatory text to appear as it did before.

Details:

  • “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Immigrants and Non-Immigrants in the United States, Implementation of Vacatur,” 86 Fed. Reg. 70729 (Dec. 13, 2021),

Back to Top

23. USCIS Temporarily Waives 60-Day Rule for Civil Surgeon Signatures

U.S. Citizenship and Immigration Services (USCIS) is temporarily waiving, until September 30, 2022, the requirement that the civil surgeon sign Form I-693, Report of Medical Examination and Vaccination Record, no more than 60 days before an applicant files an application for the underlying immigration benefit (including Form I-485, Application to Register Permanent Residence or Adjust Status).

USCIS said this temporary waiver “will help applicants who have been affected by the COVID-19 pandemic and related processing delays, which have sometimes caused delays in completing the immigration medical examination.” The temporary waiver will benefit many applicants, USCIS noted, “including Afghan nationals evacuated under Operation Allies Welcome who have completed immigration medical examinations at government-run facilities but were not able to apply for adjustment of status within 60 days of the completed examination.”

Details:

Back to Top

24. Labor Dept. Provides Guidance on Employers’ H-2B Visa Program Overtime Pay Obligations

The Department of Labor’s Wage and Hour Division (WHD) disseminated a field assistance bulletin on December 7, 2021, providing enforcement guidance on employers’ overtime obligations related to the H-2B visa program.

Among other things, the bulletin notes that the H-2B visa program does not mandate the payment of an overtime premium for hours worked exceeding a certain number in the day, week, or pay period. However, employers participating in the H-2B visa program are required by the Fair Labor Standards Act (FLSA) to pay an overtime premium of not less than one and one-half times the worker’s regular rate of pay for hours worked exceeding 40 hours in a workweek. There are exemptions from the overtime requirements, WHD noted, but these exemptions do not usually apply to industries represented in the H-2B visa program. An employer who is employing workers who are exempt from the FLSA overtime requirements must still comply with any state or local laws requiring overtime pay, WHD said.

Details:

Back to Top

25. USCIS Extends Transitional Parole for Certain CNMI Long-Term Resident Status Applicants

U.S. Citizenship and Immigration Services (USCIS) announced on December 8, 2021, that it will automatically extend parole and employment authorization, if applicable, to current parolees who timely applied for Commonwealth of the Northern Mariana Islands (CNMI) long-term resident status and whose applications remain pending on December 30, 2021.

Parole will be extended without interruption through June 30, 2022, or the date on which USCIS makes a final decision on their Forms I-955, Application for CNMI Long-Term Resident Status, and I-765, Application for Employment Authorization, whichever is earlier.

Details:

Back to Top

26. E-Verify Consolidates User Profile Screen

On December 7, 2021, E-Verify notified users via email that they can now view and complete several actions from a consolidated user profile screen, which “allows users to view all of their account information quickly and easily, without having to navigate to multiple pages.”

The consolidated elements include user profile information, updating/changing a password, and updating/changing password challenge questions and answers.

Back to Top

27. ABIL Global: Italy

The Italian government announced the number of non-European Union (EU) workers allowed into Italy for the year 2021. New quotas are expected to be issued in early 2022.

The government set 69,700 quotas allocated for the year 2021 for different categories of non-EU citizens intending to work in the country:

  • 42,000 were reserved to entries for seasonal work
  • 27,700 were reserved for subordinate work, but only for specific sectors of activity and for certain nationalities
  • 2,000 were reserved to permit conversion for foreign citizens who already possessed a residence permit in Italy or the EU (study, seasonal work, permanent) intending to change status, i.e., to convert the existing permit into a permit for employment/self-employment
  • 500 quotas were for self-employment work (entrepreneurs, start-ups, professionals, well-known artists, chairpersons/CEOs, members of boards of directors, auditors in an Italian company active for at least three years)

Details:

Back to Top

New Publications and Items of Interest

Nonprofit merger announced. New American Economy is merging with the American Immigration Council. The new nonprofit organization will also be called the American Immigration Council. According to a statement released December 6, 2021, “By combining the legal and litigation work, federal policy expertise, and innovative work on belonging from the American Immigration Council with the research, state and local policy work, and arts and culture programming from the New American Economy, the newly combined organization will have a broad suite of advocacy tools to better expand and protect the rights of immigrants, more fully ensure immigrants’ ability to succeed economically, and help make the communities they settle in more welcoming.”

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 (IER), of the Civil Rights Division, is offering a number of free webinars for workers, employers, and advocates. For more information, see https://www.justice.gov/crt/webinars. E-Verify webinar schedule. E-Verify has released its calendar of webinars at https://www.e-verify.gov/calendar-field_date_and_time/month. Alliance of Business Immigration Lawyers:

Back to Top

ABIL Member / Firm News

Charles Kuck (https://www.abil.com/abil-lawyers/charles-kuck/) was quoted by Bloomberg Law in “Skilled Worker Visa Lottery Fraud Suit Survives Dismissal Effort.” Commenting on Liu v. Mayorkas, Mr. Kuck said, “We believed from the beginning that USCIS clearly violated the governing statute in setting up an H-1B lottery that allows for the abuse of submitting multiple applications from different employers with no verification that those offered positions are real. We will now seek a final order from the court forcing USCIS to change the lottery and disallow any such abusive and frivolous findings, thereby giving each applicant a fair chance at these limited number[s] of visas.” (subscription required)

Mr. Kuck was quoted by NBC News in “Feds Bust ‘Modern-Day Slavery’ Ring Amid New Immigration Enforcement Effort.” He said the raid and indictment were both “unusual, when we know that the conditions for workers that they described are not unusual. This is just people getting caught.” He noted that although there are many H-2A employers who follow the rules and do everything right, “there are a lot of bad apples out there.” Mr. Kuck said he thinks “it’s a sign that the [Biden] administration takes seriously the problem of human trafficking and mistreatment of workers that come on visas, and things that may not have been priorities under the prior administration, even though they began the investigation as such.” https://www.nbcnews.com/news/us-news/feds-bust-modern-day-slavery-ring-new-effort-immigration-enforcement-rcna8273

Cyrus Mehta (bio: https://www.abil.com/lawyers/lawyers-mehta.cfm) authored several new blog postings: “2021 In Perspective From the Insightful Immigration Blog,” http://blog.cyrusmehta.com/2021/12/2021-in-perspective-from-the-insightful-immigration-blog.html; “State Department’s Holiday Gifts: Expanded Interview Waivers and Lenient View on Student Nonimmigrant Intent,” http://blog.cyrusmehta.com/2021/12/state-department-holiday-gifts-expanded-interview-waivers-and-student-nonimmigrant-intent.html; and “The Denial of Adjustment of Status Applications of Derivative Children Who Turn 21 Before the Final Action Date in the Visa Bulletin Became Current is Inconsistent with the Child Status Protection Act: Can More Lawsuits Reverse Erroneous USCIS and DOS Policy?,”

Greg Siskind, of Siskind Susser, PC, and Mr. Mehta were quoted by Roll Call in “Limited Operations at U.S. Consulates Keep Visa Holders on Edge.” The article was published before the Department of State announced the expansion of interview waivers at consulates. Mr. Siskind said, “People have been afraid to travel because they know that if they leave, and they don’t have a current visa, they could be stuck for months on end, almost indefinitely, without being able to get back into the U.S. I’m still advising people: Don’t travel, unless you’re prepared to be working remotely for a year.” Mr. Mehta said he hoped the Department would extend the renewal-by-mail flexibility: “It’s less burdensome on the consulates and it’s more convenient for applicants who need to travel, and then they don’t have to get stuck. Because people need to travel for all kinds of reasons, and there are emergencies with parents and other family members contracting COVID.” https://www.rollcall.com/2021/12/22/limited-operations-at-us-consulates-keep-visa-holders-on-edge/

Wolfsdorf Rosenthal LLP expanded its northern California practice and appointing two new managing partners. Effective January 1, 2022, attorney Melissa Harms joined the firm in the Bay Area, and at WR’s office in Boston, Massachusetts, Amanda Brown and Miki Matrician are serving as co-managing partners. https://wolfsdorf.com/press-release-wr-immigration-expands-northern-california-practice-appoints-two-new-managing-partners/

Wolfsdorf Rosenthal LLP has published several new blog postings: “”H-1B Cap Season Begins, What to Expect”; “Can a Conditional Green Card Holder Marry a U.S. Citizen and Get a New Green Card in the U.S. Via Adjustment of Status When Investment Fails to Create Sufficient Jobs?”; “Another Failure by the EB-5 Immigrant Investor Program Office”; “EB-5 I-829 Receipt Notices Extended to 24 Months, But Extensions Don’t Go Far Enough”; “E-Verify Update for HR Managers: Final Responses Will Resume on TNCs”; “EB-5 I-829 Receipt Notices Extended to 24 Months, But Extensions Don’t Go Far Enough”; “Frequently Asked Questions on the EB-5 Regional Center Program in December 2021”; “E-Verify Update for HR Managers: Final Responses Will Resume on TNCs”; “U.S. to Impose New Travel Restrictions on Certain African Countries”; and “What Does the December 2021 Visa Bulletin Mean for New ‘Direct’ EB-5 Investors?.” https://wolfsdorf.com/news/

Stephen Yale-Loehr (bio: https://www.abil.com/lawyers/lawyers-loehr.cfm?c=US) was quoted by several Brazilian newspapers about President Biden’s immigration reform plans. As an example, Mr. Yale-Loehr was quoted by Diario do Grande ABC Internacional in “Biden Faces Pressure From Companies to Reform Immigration System.” Mr. Yale-Loehr said, “Companies cannot remain competitive in a global economy or meet consumer demand if they cannot hire and retain the workers they need. This is especially true given the current labor shortages and pandemic delays in visa applications and renewals.” https://www.dgabc.com.br/Noticia/3823241/biden-enfrenta-pressao-de-empresas-para-reformar-sistema-imigratorio (in Portuguese, with English translation available)

Mr. Yale-Loehr was quoted by Marketplace in “Will Employers Need Newly Available Seasonal Visas?.” Mr. Yale-Loehr said the additional H-2B visas could help the labor shortage a little. ” ‘A little bit’ is the operative word, you know. An additional 20,000 visas is not a lot, in the greater scheme of things.” https://www.marketplace.org/2021/12/21/will-employers-need-newly-available-seasonal-visas/

Mr. Yale-Loehr was quoted by Politico Magazine in “Biden’s H-1B Conundrum: The Administration’s Efforts to Reform the Visa Program Could Put Him at Loggerheads With Key Factions of His Own Party.” Mr. Yale-Loehr said the Biden administration has been trying to navigate a “political conundrum for the administration.” https://www.politico.com/news/magazine/2021/12/19/biden-h-1b-visa-conundrum-524254

Mr. Yale-Loehr was quoted by Die Zeit in “USA: Texas Begins Building Its Own Wall.” Mr. Yale-Loehr said, “Although states can do certain things about immigration under state law, putting up barriers along the border or arresting migrants is, in my opinion, beyond what is permitted.” https://www.zeit.de/politik/ausland/2021-12/usa-mexiko-texas-mauer-grenze (in German with English translation available)

Mr. Yale-Loehr was quoted by Univision in “Rejection of ‘Plan C’ Complicates Immigration Reform in Congress: What Path Could Democrats Take Now?” Mr. Yale-Loehr noted that the budget bill passed by the House of Representatives included important immigration provisions, “including up to 10 years of work authorization and protection against deportation for undocumented people living in the United States.” He said the bill would also give the Department of Homeland Security “$2.8 billion to help process immigration applications and reduce backlogs in case processing…and would recover employment- and family-based green cards that have not been used and that otherwise would expire at the end of each year.” https://www.univision.com/noticias/inmigracion/rechazo-parlamentarian-plan-c-complica-reforma-migratoria-estas-son-las-claves (in Spanish, with English translation available)

Mr. Yale-Loehr was quoted by Voice of America (Russia) in “Migrants at the Border: You Can’t Stay Running.” He said, “The measures taken by the Biden administration have been blocked by federal courts, so in the short term it needs to comply with the decisions. The White House may try to come up with a different approach, but I’m sure that any of them will be challenged again in federal courts by Texas and other conservative states. The administration is between a rock and a hard place, trying to be more humane. Texas and other conservative states will not allow anything but the ‘Stay in Mexico’ policy. This is a crisis that has long been growing; it cannot be solved overnight. It is necessary to improve the economy and living conditions in Central America so that people do not suffer from the terrible poverty that forces them to leave. Something needs to be done about gangs in Central America. We must try to eradicate corruption so that people feel safer. And we need to fight climate change so that farmers in Central America can grow crops and feed their families. Migration is an issue for every country in the world. To some extent, the United States has been isolated from it for a long time. Now we face the same problems that other countries have faced for decades.” https://www.golosameriki.com/a/us-mexico-immigration-court/6354802.html (in Russian, with English translation available)

Mr. Yale-Loehr authored an op-ed published in The Hill, “With This Immigration Fix, Employers Can Hire the Workers They Need.” https://thehill.com/opinion/immigration/585322-with-this-immigration-fix-employers-can-hire-the-workers-they-need

Mr. Yale-Loehr was quoted by Bloomberg Tax in “Immigration Agency in Line for Billions in Fees in Spending Bill.” He noted that if the Senate passes the social spending bill, the question will become how quickly USCIS can make the necessary investments with the revenue boost to adjudicate the rush of new applications. “A lot will depend on how quickly the agency can ramp up,” he said. https://news.bloombergtax.com/payroll/immigration-agency-in-line-for-billions-in-fees-in-spending-bill

Back to Top

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

Back to Top