November 2022 » ImmigrationUSA

Employment Based Visa

FY2023 H-1B Cap in Review: What We Learned in 2022 and Expectations Going Forward

As 2022 comes to an end, the majority of FY 2023 H-1B cap petitions have now received a final decision. The large majority of cases have already been adjudicated. See what we learned, and how to prepare for the next H-1B cap season.

November 30, 2022

Visitor Visa

Visitor Visa Processing Delays Could Be Solved Using Obama Administration Policy

Visitor visas have an estimated 400-day wait time for first-time U.S. visitors from some of the highest volumes of inbound countries. Grouping some of the top sourcing countries – India, Brazil, and Mexico – the visitor visa wait time is over 600 days with a list of over 300,000 individuals waiting.

November 29, 2022

Deportation

Cuba Accepting U.S. Deportation Flights

Cuba is again accepting deportation flights with Cuban nationals who were entering the U.S. at the southern border. This is the first time since the COVID-19 pandemic for flights to resume.

November 28, 2022

Biometric

Biometric Appointment Delays Continue

A group of legal services providers and advocacy groups say the lack of availability of biometric appointments is adding to the immigration backlog. In a letter to U.S. Citizenship and Immigration Services, over 50 groups are asking the Department of Homeland Security to address the ongoing issues with appointment availability, particularly for those facing final removal hearings.

November 28, 2022

Travel Requirements

Traveling Over the Holidays? What You Need to Know about Automatic Visa Revalidation

As the holidays season approaches, immigration considerations may be at the forefront of many people’s concerns. With historically long wait times and limited visa appointment availability, traveling for the holidays may seem daunting, if not impossible. However, if you have an expired visa, there is still a way you can travel without having to attend visa stamping.

November 23, 2022

Asylum

Psychological Exams Of Migrant Parents Approved

An Arizona federal judge approved the use of psychological exams of asylum-seeking parents who are suing the U.S. government for damages due to separation from their children. The group primarily is bringing legal action due to actions at the southwestern U.S. border.

November 22, 2022

immigration courts

Immigration Courts Have Authority to End Removals

The Biden administration reinstated immigration judges’ ability to end removal proceedings at their discretion. The administration is also creating a new policy. Immigration courts can now terminate removal matters where they feel it is legally appropriate to do so.

November 18, 2022

Asylum

Federal Judge Vacates Title 42, DHS Moves to Delay Until December 21

Federal Judge Sullivan of the Washington DC District Court issued a ruling vacating the controversial Title 42 policy, permanently enjoining the Department of Homeland Security (DHS) from applying it to migrants crossing into the US. The ruling decided a lawsuit brought by a group of asylum-seekers against DHS, wherein the plaintiff group claimed that Title 42 was an arbitrary and capricious immigration policy that harms expelled migrants, and sought a court order prohibiting its application.

November 18, 2022

EB-1

December 2022 Visa Bulletin: Retrogression And Mixed Movement

The December 2022 Visa Bulletin sees Retrogression For India In EB-2 Category with small movement in EB-3 India Dates. See how other changes may affect you to ensure you maximize your odds of a successful outcome.

November 17, 2022

DACA

Efforts to Establish DACA During Lame-Duck Session

Several Democratic leaders in both the House and the Senate are making efforts to pass into legislation the Deferred Action for Childhood Arrivals (DACA) program for this ‘lame-duck’ session. The session has many priorities, including passing a budget, addressing the U.S. debt ceiling, passing legislation to retain same-sex marriage, DACA, and other critical items. How many of these issues can be passed during this session is unknown.

November 17, 2022