October 2022 » Page 2 of 2

DACA

Biden DACA Rule Under Review

A federal judge is allowing current DACA holders to renew. However, the judge sent the Biden rule, scheduled to go into effect on October 31, 2022, for review as quickly as possible. As such, it is unlikely the Biden rule will go into effect on the date as previously planned.

October 18, 2022

H-2B

DHS to Supplement H-2B Cap Visa with Nearly 65,000 Additional Visas for Fiscal Year 2023

The Department of Homeland Security with the Department of Labor announced the availability of an additional 65,000 H-2B Cap visas for the Fiscal Year 2023, which runs through September 30, 2023. Find out more.

October 13, 2022

H-2A

Final Rule Announced for H-2A Visa Program

The U.S. Department of Labor announced the details of the update for the H-2A application and temporary labor certification process. The H-2A visa allows foreign agricultural workers to fill temporary labor needs when enough U.S. workers are not willing, qualified, able, or willing to meet demand, and when bringing them in won’t adversely affect wages or working conditions of those already in the U.S.

October 12, 2022

EB-1

November 2022 Visa Bulletin Mirror Image of October 2022 Visa Bulletin

The Department of State released the November 2022 visa bulletin. The visa bulletin summarizes the availability of immigrant visas both for consular processing and adjustment of status applications to be filled in November 2022. The State Department releases both the Final Action Dates and Date of Filing Application for Employment-Based and Family-Based immigrant visas. The U.S. Citizenship and Immigration Services (USCIS) confirms which chart Applicants must use to file their Adjustment of Status Application (AOS). Below, we break down the movement seen in the November 2022 visa bulletin.

October 10, 2022

DACA

Appeals Court Finds DACA Unlawful, Allows Current Enrollees to Renew

A federal appeals court found the Deferred Action for Childhood Arrivals (DACA) unlawful. However, they are allowing current enrollees to renew their status as the matter is sent to a lower court to review a new Biden administration regulation. The panel of three judges from the 5th U.S. Circuit Court of Appeals upheld a lower court’s ruling against the program. However, the introduction of the Biden regulation in August 2022 is sending the case to a lower court for consideration. The Biden regulation is meant to protect the program from legal challenges and will go into effect on October 31, 2022.

October 6, 2022

Border Search

Retention Policy of Electronic Devices Seized at Border Under Review

The retention policy of electronic devices seized at the border for individuals entering the U.S. is being considered by the first circuit court following one circumstance of a device being held for over 70 days.

October 5, 2022

Detention Policy

Existence of a Non-Detention Policy Challenged by Florida

The state of Florida is requesting a trial to determine if the Biden administration is suggesting the release of individuals who are subject to detention. The state has asked a federal judge to first confirm that the state has the standing to proceed. The alleged non-detention policy existence, per the state of Florida, is part of the Parole and Alternatives to Detention policy issued by the Biden administration in November of 2021. Florida claims this policy is a subpart of creating a non-detention policy.

October 5, 2022

F-1

Foreign STEM Grads Work Policy Upheld

A policy put in place by the Obama administration has been challenged but upheld. Foreign STEM (Science, Technology, Engineering, and Math) graduates who are on student visas continue to have up to three years of work authorization after graduation. The D.C. circuit court found the foreign STEM grads work policy supports the reason behind the F-1 visa program.

October 5, 2022

immigration lawsuits

Labor Certification Challenge Based On Lost Email Denied

A company appealed the denial of a sponsorship application, stating an audit notification was lost as it was placed in a spam folder. Upon appeal, the U.S. Department of Labor affirmed the labor certification denial. The company filed to sponsor a foreign worker for permanent employment. However, by not responding to the audit request, they were denied.

October 4, 2022