December 2022 » Page 2 of 3

H-2B

DHS and DOL Announce Availability of Additional H-2B Visas for Fiscal Year 2023

The Department of Homeland Security (DHS) and the Department of Labor (DOL) announced the availability of over 64,000 additional H-2B temporary nonagricultural worker visas for the fiscal year 2023.

December 14, 2022

Unlawful Status

Unlawful Status Admission Not Barred as Evidence

If an individual admits to being in the U.S. without a legal status during a lawful investigation, the admission is not barred as evidence, per the Board of Immigration Appeals (BIA).

December 14, 2022

Form N-400

Policy Updated to Automatically Extend Some Green Cards

U.S. Citizenship and Immigration Services (USCIS) announced an update to their policy manual that now automatically extends green cards for individuals who have applied for naturalization. The policy goes into effect on December 12, 2022.

December 10, 2022

DACA

DACA Proposal from U.S. Senate Faces Uphill Battle

A joint effort between the Democrats and Republicans proposes immigration reform that could affect DACA holders already living in the U.S. and the process at the borders. The basis of the proposal provides for relief for DACA and border security increases.

December 10, 2022

EAGLE Act

Elimination of Per-Country Limit, EAGLE Act, Criticized

A proposal to eliminate the per-country limits on employment visas is scheduled to be voted on in the U.S. House of Representatives in the coming week. The effort aims to address ongoing labor shortages. However, criticism from the Congressional Black Caucus’ immigration task force may stand in the way.

December 10, 2022

Temporary Protected Status

Extension of Temporary Protected Status for Haiti Announced

Citing ongoing issues in Haiti, The Department of Homeland Security announced the extension of Temporary Protected Status (TPS) for Haiti an additional 18 months. The extension changes the date of termination of TPS from February 4, 2023, moving it to August 3, 2024.

December 7, 2022

H-1B

H-1B Extension Beyond the Six-Year Period And Priority Date Retrogression

For those who have exhausted the six years allowed on H-1B, there are some options for extension under the AC-21 provisions. Eligibility depends on whether you are the beneficiary of an approved I-140 petition or have a PERM pending for longer than 365 days (under the lengthy adjudication exemption).

December 6, 2022

B-1

Additional B-1 and B-2 Interview Waiver Appointments Open in India

In the coming month, a limited number of additional interview waiver appointments for qualifying B-1 and B-2 individuals will be available at U.S. Embassies in Delhi, Mumbai, and Chennai, per the U.S. Embassy India.

December 5, 2022

K-1 visa

K-1 Visa Status Can’t Be Adjusted for Divorced Woman

A federal court supports a Board of Immigration Appeals ruling finding that a divorced woman is not able to remain in the U.S. on a K-1 marriage visa after the ex-husband withdrew his supporting affidavit.

December 5, 2022

Asylum

Asylum Seekers Identification Accidentally Made Public

The identification of 6,000 Asylum seekers was accidentally made public by U.S. Immigration and Customs Enforcement through their website earlier this week. Identifying information includes the names, locations, and immigration information for a list of individuals.

December 1, 2022