Weekly Immigration News Recap (February 27-March 5) USCIS Issues Clarifying Guidance on Eligibility for the O-1B Visa Classification U.S. Citizenship and Immigration Services released policy guidance that clarifies how it assesses the evidence to determine eligibility for O-1B nonimmigrants of extraordinary ability in the arts and nonimmigrants of extraordinary achievement in the film or television industry.  A chart describing types of evidence that may satisfy the O-1B evidential criteria, as well as factors to take into account while evaluating such evidence, has been added to the appendix of the policy. The chart also helps petitioners provide the right supporting documentation that can prove the beneficiary’s eligibility. Source: USCIS USCIS Reaches H-2B Cap for Second Half of FY 2023 and Announces Filing Dates for the Second Half of FY 2023 Supplemental Visas USCIS has received enough petitions to reach the H-2B cap set by Congress for the second half of FY 2023. The final day for receipt of new cap-subject H-2B worker petitions with an employment start date on or after April 1, 2023, and before October 1, 2023, was February 27, 2023. All new cap-subject H-2B petitions submitted after February 27, 2023, and requesting an employment start date on or after April 1, 2023, but before October 1, 2023, will be denied. Source: USCIS USCIS to Start Collecting Fees for EB-5 Integrity Fund A Federal Register notice with details about the EB-5 Integrity Fund was published by the Department of Homeland Security. As mandated by the EB-5 Reform and Integrity Act of 2022, USCIS will use the EB-5 Integrity Fund primarily to manage the EB-5 Regional Center Program. Each authorized regional center will start paying an annual fee on March 2 in order to help pay for the EB-5 Integrity Fund. Source: USCIS H-1B Registrations 2024: H-1B Visa Registration started on March 1 From March 1st, 2023, the H-1B visa registration procedure has been underway for the fiscal year 2024. Through March 17, 2023, the complete process will be ongoing. These details were released in a press release by the US Citizenship and Immigration Service (USCIS). offers a registration confirmation number. Just the registration tracking process will use this number. The status of a case cannot be followed using this number. Source: Businessleague Students can now apply for visas up to a year in advance. Now that F and M student visas can be issued up to 365 days before the I-20 program start date, students have additional time to submit a visa application. More than 30 days prior to the commencement of their program, students are still not permitted to enter the country on a student visa. Source: Boundless

Weekly Immigration News Recap (February 20-26) USCIS Issues Clarifying Guidance for Individuals Authorized to Work Under Special Student Relief Provisions For F-1 nonimmigrant students who are granted extraordinary student relief (SSR) under the SSR provisions of 8 CFR and who are experiencing severe financial hardship as a result of urgent circumstances, U.S. Citizenship and Immigration Services is providing policy guidance in the USCIS Policy Manual to clarify the validity period of employment authorization. The update clarifies that in cases of extreme financial difficulty brought on by urgent situations, USCIS may grant an F-1 nonimmigrant student off-campus SSR job permit for the duration of the Federal Register notice’s validity term. The student’s academic program’s end date may not be exceeded by this employment license. Source: USCIS Afghan Evacuees Stand to Lose Deportation Protections A Taliban takeover of Afghanistan in 2021 may result in losing work permits and protections against deportation for tens of thousands of Afghan refugees living in the United States unless Congress takes action. Less than 5,000 of the 77,000 Afghans who initially received “parole,” an immigration designation that permits evacuees to stay in the nation on humanitarian or public interest grounds for two years, have obtained permanent legal status for themselves and their families. In contrast to refugee status, parole does not offer a route to American citizenship. Source: Boundless Supreme Court Cancels Oral Arguments Over Title 42 The anticipated oral arguments for Title 42, a divisive immigration restriction tied to the pandemic, were abruptly postponed by the Supreme Court. The White House’s recent announcement that the Covid-19 and public health emergency will cease on May 11 is most likely what caused the cancellation. Source: Boundless

Weekly Immigration News Recap ( February 13-19) USCIS Updates Child Status Protection Act (CSPA) Age Calculation for Certain Adjustment of Status Applicants In accordance with the Child Status Protection Act, U.S. Citizenship and Immigration Services has provided guidelines in the USCIS Policy Manual on determining when an immigrant visa number “becomes accessible” for this purpose (CSPA). A child must typically be under the age of 21 to qualify for lawful permanent resident status in the US based on their parent’s accepted petition for a family-sponsored or employment-based visa. The child is typically no longer qualified to immigrate with the parent based on the parent’s petition if the child turns 21 and “ages out” during the immigration procedure. Source: USCIS Visa Bulletin for March 2023 The March 2023 Visa Bulletin was produced by the U.S. Department of State. If you’re hoping for your priority date to be current so that your green card application can be processed, it’s a significant thing. We can explain terms like “visa bulletin” and “priority date” if you’re unsure what they mean. Check out the Boundless tutorial on how to read the visa bulletin to get started. Source: Boundless DHS Hired Outside Law Firm to Defend Mayorkas Against Potential Impeachment To fight any prospective impeachment of Secretary Alejandro Mayorkas, the Department of Homeland Security (DHS) has retained the services of a New York law firm. His dismissal has been demanded by two House Republicans due to the way he handled the issue at the southern border. As former President Donald Trump was being investigated for impeachment, the law firm defended the Democratically controlled House. Source: Boundless State Department to Allow Foreign Workers to Renew Visas in the U.S. Later this year, the State Department will begin enabling foreign employees with temporary visas to renew their status without having to leave the United States. H-1B and L-1 visa holders working in the US will have access to the new pilot program, making it simpler for these workers to renew their status while lightening the strain of consulates abroad. Source: Boundless

Weekly Immigration News Recap (February 06-12) Reminder to Submit All Required Initial Evidence and Supporting Documentation, including Form I-693, for Form I-485 Save time by submitting Form I-485, Application to Register Permanent Residence or Adjust Status, along with any supporting paperwork and initial proof mentioned under the “Checklist of Required Initial Evidence” section. (Using the checklist is optional; it does not take the place of statutory, regulatory, and form instruction obligations.) We may not need to send a Request for Evidence (RFE) to acquire additional evidence and supporting documentation if you provide all necessary initial evidence and supporting documents with your Form I-485. In the event that we determine that you do not require an interview, this may also help to prevent adjudication delays. Update to Filing Location for Form I-360 and Form I-485 for Self-Petitioning Abused Spouses, Children, and Parents Self-petitioning abused partners, children, and parents must submit Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, and Form I-485, Application to Register Permanent Residence or Adjust Status, to the Nebraska Service Center rather than the Vermont Service Center as of February 10, 2023. USCIS has Direct Filing Addresses for Form I-360, Immigrant Petition for Amerasian, Widow(er) or Special Immigrant, page and the Direct Filing Addresses for Form I-485, Application to Register Permanent Residence or Adjust Status, page. USCIS Clarifies Physical Presence Guidance for Asylees and Refugees Applying for Adjustment of Status U.S. Citizenship and Immigration Services (USCIS) has updated guidance in the USCIS Policy Manual with immediate effect to make it clear that refugees and asylees must have been physically present in the country for a full year by the time their Form I-485, Application to Register Permanent Residence or Adjust Status, is decided upon, not at the time the application is filed. All Form I-485 and Form N-400, Application for Naturalization, pending applications as of February 2, 2023, as well as those submitted on or after that date, are subject to this. Cap Reached for Additional Returning Worker H-2B Visas for the First Half of FY 2023 The number of petitions received by U.S. Citizenship and Immigration Services has reached the limit for the additional 18,216 H-2B visas for returning workers that will be granted for the first half of fiscal year (FY) 2023 with start dates on or before March 31, 2023, as per the recently announced H-2B supplemental cap temporary final rule. The additional 20,000 visas authorized for citizens of Haiti, El Salvador, Guatemala, and Honduras are still open for petitions for H-2B nonimmigrant workers.

Weekly Immigration News Recap ( January 23-29) FY 2024 H-1B Cap Initial Registration Period Opens on March 1 The initial registration period for the fiscal year 2024 H-1B cap will begin at noon Eastern time on March 1 and last until noon Eastern time on March 17, 2023, according to a statement released by U.S. Citizenship and Immigration Services today. Potential petitioners and representatives can fill out and submit their registrations utilizing our online H-1B registration system at this time. For the FY 2024 H-1B cap, we will give each registration a confirmation number. You cannot use this number to track the status of your case in Case Status Online; it is only used to track registrations. Source: USCIS USCIS Releases New Strategic Plan Highlighting Long-Term Goals The FY 2023–2026 Strategic Plan (PDF, 6.79 MB) (PDF, 6.79 MB) from U.S. Citizenship and Immigration Services (USCIS) outlines how the agency’s staff can improve its skills and advance the nation’s highest aspirations. The strategy is based on USCIS’ long-standing mission and basic principles, supporting a sincere desire to create the country a stronger, more diverse and inviting place. USCIS Director Ur M. Jaddou stated that the agency’s work “makes the possibility of America a reality for immigrants from throughout the world, the communities and economies they join and support, and the nation as a whole.” Source: USCIS USCIS Extends COVID-19-related Flexibilities Through March 23, 2023, U.S. Citizenship and Immigration Services is extending a few COVID-19-related flexibilities. Under these flexibility provisions, USCIS, if the request or notice was given between March 1, 2020, and March 23, 2023, inclusive, considers a response submitted within 60 calendar days after the due date stated in the following requests or notices before taking any action: Requests for Evidence, Continuations to Request Evidence (N-14), Notices of Intent to Deny, Notices of Intent to Revoke, Notices of Intent to Rescind, Notices of Intent to Terminate Regional Centers, Notices of Intent to Withdraw Temporary Protected Status, and Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant are all types of Notices of Intent documents Source: USCIS U.S. Government Settles Lawsuits That Benefit H-1B and L-1 Spouses Spouses of H-1B and L-1 work visa holders will benefit from two litigation settlements reached by the U.S. government. L-2 and H-4 spouses will find it considerably simpler to renew their work authorization licenses and find employment once the new legislation takes effect. Source: Boundless Visa Approvals Rebound to Pre-Pandemic Levels in 2022 The State Department’s 2022 visa report shows a rise in both immigrant and nonimmigrant visas granted abroad in the year 2022. From 2.7 million in 2021 to nearly 6.8 million in 2022, the number of nonimmigrant visas approved skyrocketed. The number of approved immigrant visas climbed as well, from 285,000 in 2021 to 493,00 in 2022. Overall, in 2022, the number of visas issued began to return to pre-pandemic levels. Source: Boundless

Weekly Immigration News Recap (January 16-22) New Policy Protects Exploited Immigrant Workers from Deportation Now, unauthorized workers can report labor issues without risking their immigration status. The Biden administration unveiled a new procedure that will let immigrants seek safeguards against deportation and retaliation from their employers if they witness or are exploited at work. Immigrant employees who want to be eligible for deferred action must send a written request to USCIS along with a letter of support from a labor or employment agency. Source: Boundless First Group of Migrants Arrives in U.S. Under New Biden Program A new initiative that the Biden administration unveiled earlier this month to solve the issue at the southern border has welcomed its first batch of migrants into the country. Ten immigrants have arrived in the country as a result of the initiative, which will permit up to 30,000 people from Cuba, Nicaragua, and Haiti to lawfully enter the country by air each month, according to CBS News. Late last year, a similar initiative was made public for Venezuelans. As of last Friday, 600 more migrants had been given permission to enter the United States, according to CBS. Source: Boundless Immigrants Drive Innovation in the U.S., Finds News Report According to a recent study, immigrants are responsible for 36% of American innovation and outperform native-born Americans in terms of creating new economic and technological advancements. More than 25% of all issued patents had applications from immigrants between 1990 and 2016. Additionally, these patents were more likely to be cited in their respective domains and had a higher financial value. Source: Boundless

Weekly Immigration News Recap (January 9-15) DHS Announces Process Enhancements for Supporting Labor Enforcement Investigations The U.S. Department of Homeland Security (DHS) has announced that noncitizen employees can now access a streamlined and expedited deferred action request procedure if they are labor rights violators or witnesses to such violations. Deferred action shields noncitizen employees from exploitative employers’ threats of immigration-related reprisal. With immediate effect, this procedure will enhance DHS’s long-standing practice of using its discretionary power to evaluate requests for deferred action related to labor and employment agencies on an individual basis. Workers can submit requests and obtain more information on DHS.gov in both English and Spanish. Source: USCIS USCIS Announces Final Phase of Premium Processing Expansion for EB-1 and EB-2 Form I-140 Petitions and Future Expansion for F-1 Students Seeking OPT and Certain Student and Exchange Visitors The last stage of the premium processing expansion for Form I-140, Immigrant Petition for Alien Workers, under EB-1 and EB-2 classifications is being implemented by U.S. Citizenship and Immigration Services. In addition to all previously submitted Form I-140 petitions under the E13 multinational executive and manager classification or the E21 classification as a member of professions with advanced degrees or exceptional ability asking for a national interest waiver, this phase applies to new (initial) petitions (NIW). Petitioners must submit Form I-907, Request for Premium Processing Service, if they want to request premium processing. USCIS will accept Form I-907 requests for the following starting on January 30, 2023: All E13 multinational executive and manager petitions that are still pending as well as all E21 NIW petitions All E13 multinational executive and manager petitions that have just been filed. Source: USCIS Courts Set to Shape US Immigration Policy in 2023 In 2023, substantial decisions on immigration will be made by U.S. judges, which will have a big impact on how the country handles immigration. Since 1990, Congress has not made significant changes to the nation’s immigration rules, and according to Stephen Yale-Loehr of Cornell Law School, efforts by succeeding administrations to change the immigration system through executive orders are hampered by legal disputes. Source: VOA Supreme Court Rejects Trump Administration Public Charge Appeal A coalition of Republican-led states appealed to the U.S. Supreme Court to reinstate the Trump administration’s public charge policy, but they were once again denied. If they used public benefits, the public charge requirement made it more difficult for low-income immigrants to get a green card. The Biden administration’s choice to overturn the rule was followed by the filing of the lawsuit by Texas and the other 12 states. Source: Boundless

Weekly Immigration News Recap (January 2-8) USCIS Releases New Immigrant Investor Form Form I-956K, the Registration for Direct and Third-Party Promoters, has been made available. Direct and third-party promoters now need to register with USCIS, per the EB-5 Reform and Integrity Act of 2022. Each person (including migration agents) acting as a direct or third-party promoter of any of the following must submit Form I-956K: a regional hub,  a new business,  a partner organization that creates jobs, or a person who issues securities intending to market them to immigrants as part of a specific capital investment project. The I-956K form is free to file. Source: USCIS USCIS Issues Proposed Rule to Adjust Certain Immigration and Naturalization Fees U.S. Citizenship and Immigration Services (USCIS) has published a Notice of Proposed Rulemaking (NPRM) to modify some fees associated with benefit requests for immigration and naturalization. The new fees would enable USCIS to fully recoup its operating expenses, restore and maintain timely case processing, and stop the buildup of further backlogs in processing cases. About 96 percent of USCIS’s income comes from filing fees, not from appropriations from Congress. Source: USCIS Green Card Fees to Soar Under New Proposal A new plan unveiled on Tuesday might raise the price of applying for a green card by up to 130%. According to U.S. Citizenship and Immigration Services, green card applicants who petition to change their status from within the country might face government costs of more than $3,500, a significant increase from the existing charge of $1,760. (USCIS). Source: Boundless Filing Location Change for Form I-730, Refugee/Asylee Relative Petition To reduce paperwork in the increasingly technological environment, U.S. Citizenship and Immigration Services is altering where Form I-730, Refugee/Asylee Relative Petition, should be filed. Depending on the state where the petitioner resides, this petition was previously submitted at either the Texas Service Center or the Nebraska Service Center. All Form I-730 petitions must now be submitted to the Texas Service Center. USCIS Texas Service Center Attn: I-730 6046 N. Belt Line Rd. Ste. 730 Irving, TX 75038-0019 Source: USCIS DHS Implements New Processes for Cubans, Haitians, and Nicaraguans and Eliminates Cap for Venezuelans The Department of Homeland Security (DHS) announced on January 5, 2023, a secure and legal means for qualified citizens of Cuba, Haiti, and Nicaragua who have supporters in the United States to fly to and temporarily dwell in the country. The new procedure allows people to apply for employment authorization upon arrival. According to DHS, the numerical cap for a similar procedure for Venezuelans announced earlier this year has also been eliminated. Source: USCIS

Weekly Immigration News Recap (December 26-January 1) Supreme Court Keeps Title 42 in Place Indefinitely The U.S. Supreme Court decided on Tuesday to uphold a public health policy from the Trump administration for the time being. Title 42, a public health order that was due to expire on December 21, was implemented in 2020 during the Trump administration and has been utilized to enforce immigration laws even under Biden. Numerous lawsuits have been filed against the order, and public health authorities have questioned its ability to contain the virus. In February, the case will be in court. Source: Boundless USCIS Has Added Hundreds of Pages to Its Immigration Forms According to a recent report, USCIS has increased the number of pages on its immigration forms by 500 since the early 2000s. A CATO analysis found that between 2003 and 2022, the number of pages on U.S. immigration applications increased by 508 pages, from 193 to 701. The typical form increased from 3 to 10 pages. In recent years, the federal agency has struggled with a growing backlog of applications. Source: Boundless 2023 May Be Decisive for US Immigration Policy With a significant Supreme Court decision on a contentious immigration rule from the pandemic era still pending and a Republican majority in the House of Representatives expected to hold tough oversight hearings that many beliefbelieve will result in the impeachment of the secretary of the Department of Homeland Security, 2023 is shaping up to be a significant year for U.S. border policy. Source: VOA

Weekly Immigration News Recap (December 19-25) Options for Nonimmigrant Workers Following Termination of Employment Information is available for nonimmigrant workers whose employment has ended either voluntarily or involuntarily from the U.S. Citizenship and Immigration Services (USCIS). Based on current laws and regulations, these employees may have numerous alternatives for staying in the United States during a term of approved stay. The choices that nonimmigrant workers who want to stay in the country during their period of authorized stay after termination may have are listed below. Please be aware that not all of the options below permit work. Source: USCIS DHS’s Public Charge Final Rule Goes into Effect on Dec. 23 The Department of Homeland Security (DHS) will implement its Public Charge Ground of Inadmissibility final regulation on December 23, 2022. This previously announced final rule clarifies and standardizes how DHS will handle the public charge ground of inadmissibility for noncitizens. The previous administration started to take into account supplemental public health benefits like Medicaid and nutritional assistance as part of the public charge inadmissibility determination, but this final rule returns the historical understanding of a “public charge” that had been in place for decades. Source: USCIS U.S. Department of State Releases its Visa Bulletin for January 2023 The Visa Bulletin for January 2023 was published by the U.S. Department of State. Family-based categories’ wait times remained unchanged, and some of these categories were still in effect in all nations. Similarly, there were few changes in the employment-based categories, with the exception of EB-1, which showed a 6 month and 3 week regression for China and India. The EB-2 category likewise saw a 2 year regression in China. Source: Boundless U.S. Supreme Court Temporarily Extends Trump-Era Title 42 The contentious border policy known as Title 42 was postponed until after December 21 by the U.S. Supreme Court. A federal judge invalidated the program back in November, and a group of 19 states led by Republicans then appealed to the Supreme Court to maintain enforcement. More than 1 million migrants have been turned away at the border between the United States and Mexico thanks to the restriction, which was implemented for public health reasons. Originally passed by the Trump administration during the height of the COVID-19 outbreak and continued under the Biden administration as a border enforcement measure, Title 42 has been roundly criticized by immigration advocates. Source: Boundless

Weekly Immigration News Recap (December 12-18) USCIS Announces Trial for Updates to the Naturalization Test WATERLOO – U.S. Citizenship and Immigration Services (USCIS) will test modifications to the current citizenship test, according to a notice that the Department of Homeland Security (DHS) issued today in the Federal Register. The English language proficiency test consists of four parts: reading, writing, civics, and English proficiency. The naturalization test’s reading and writing sections are typical. The trial’s objectives are to evaluate a newly constructed English-speaking component and a civics component with revised structure and content that may become standard. Source: USCIS DHS and DOL Announce Availability of Additional H-2B Visas for Fiscal Year 2023 For fiscal year (FY) 2023, the Departments of Homeland Security (DHS) and Labor (DOL) are releasing a temporary final rule that adds 64,716 H-2B temporary nonagricultural worker visas to the pool of available visas. These additional H-2B visas are available to U.S. firms who want to file petitions for new hires during specific times during the fiscal year prior to September 15, 2023. Source: USCIS Biden Administration Restarts Task Force to Help New Immigrants A task force to aid immigrants and refugees in assimilating into American society is being revived by the Biden administration. The Task Force on New Americans will prioritize issues such as financial access, language instruction, and workforce development. President George W. Bush established the task committee in 2006, but it was abandoned during the Trump administration. Source: Boundless

Weekly Immigration News Recap (December 5-11) USCIS Updates Policy to Automatically Extend Green Cards for Naturalization Applicants U.S. Citizenship and Immigration Services (USCIS) is revising its Policy Manual as of December 12, 2022, to enable USCIS to automatically prolong the validity of Permanent Resident Cards (also known as Green Cards) for lawful permanent residents who have submitted naturalization applications. Because they will receive an extension of their legal permanent resident (LPR) status and might not need to submit Form I-90, Application to Replace Permanent Resident Card, this modification is anticipated to assist naturalization candidates who experience longer processing times (Green Card). Regardless of whether they submitted Form I-90, LPRs who properly file Form N-400, Application for Naturalization, may be granted this extension. For these applicants, USCIS will modify the language on Form N-400 receipt notices to extend Green Cards for up to 24 months. USCIS Announces Important Filing Information for Upcoming FY 2023 H-2B Supplemental Cap Petitions Important filing revisions are being made public by the U.S. Citizenship and Immigration Services (USCIS) for petitioners who will be submitting more H-2B worker requests for fiscal year 2023 in accordance with the approaching temporary final rule. For the benefit of petitioners who start putting together their petitions in advance, we are disclosing these updates prior to the rule being published in the Federal Register. USCIS Releases New Data on Effective Reduction of Backlogs, Support for Humanitarian Missions, and Fiscal Responsibility In its Fiscal Year (FY) 2022 progress report, USCIS included fresh data illustrating how it decreased backlogs in several programs and helped humanitarian missions (PDF, 1.08 MB). In the report, a number of actions done by USCIS are summarized, including initiatives to improve the agency’s financial stability, adopt adjudicatory efficiencies, policy changes, and reduce backlogs across the board. While doing so, USCIS has kept up its promise to uphold America’s reputation as a country of opportunity and welcome by continuing to satisfy the tremendous demands on its humanitarian programs. Senators have proposed a bill to strengthen border security and protect “Dreamers.” An immigration agreement that would legalize DACA recipients and provide billions of dollars to strengthen border security has been proposed by a bipartisan pair of senators. After Congress consistently failed to approve immigration reform, Republican Senator Thom Tillis of North Carolina and Democratic Senator Krysten Sinema of Arizona came to an accord. The agreement’s specifics are still being worked out, and any legislation would require at least 60 votes to pass in the Senate.