February 2023 » ImmigrationUSA

H-1B

Criteria for H-1B Specialty Occupations Clarified

Although the previous administration’s many attempts to dismantle the H-1B VISA program were successfully defended against, employers and professionals alike are still recovering from the damage inflicted over those years. In fact, USCIS is still making changes to ensure that its staff and the public understand USCIS policies and practices as they stand today.

February 25, 2023

Adjustment of Status

Recent Federal Court Decision Upholds Limited Judicial Review for Immigration Cases

A U.S. Citizenship and Immigration Services denial of a Ukrainian man’s bid for permanent residency will not be reviewed by the Seventh Circuit. The court found that the man’s petition did not meet the criteria for permitting judicial review of agency decisions.

February 23, 2023

Asylum

Breaking News: Asylum Seekers Must Meet Certain Criteria for Eligibility

The new emergency Asylum measure being proposed by the Biden administration is set to take effect in May for a period of two years in an attempt to curb the anticipated migration surge when the Trump-era Title 42 public health law is set to expire.

February 23, 2023

CSPA

Recently Revised CSPA Policy: Impact on Consular Processing Cases

Backlogs at U.S. embassies and consular offices abroad have experienced backlogs, further limiting individuals from CSPA protections. With the revised CSPA policy, options exist for those applying abroad.

February 17, 2023

CSPA

Updated CSPA Policy: Retroactive Effect for Those Who Didn’t Apply Based on Previous Guidance?

USCIS stated that for previously filed applications that were denied based on the applicant “aging out,” they will accept I-290B Motions to Reopen under the updated CSPA Policy.

February 17, 2023

Deportation

Supreme Court Asked to Consider Definition of Obstruction of Justice for Deportation

The Supreme Court received a request from U.S. Attorney General Garland to include an expanded definition of obstruction of justice as a basis for deportation.

February 17, 2023

Visa Bulletin

Little-to-No Movement in the March 2023 Visa Bulletin

The March 2023 Visa Bulletin showed little to no movement for both employment-based and family-based cases. There is little forward movement in some categories for China and a small retrogression for India.

February 16, 2023

USCIS

Breaking News: USCIS Reinterprets Child Status Protection Act, Freezes Age Based on Dates of Filing Chart

USCIS issued updated guidance under the Child Status Protection Act (CSPA). USCIS will now use the Dates for Filing Chart for calculating a child’s age under CSPA.

February 15, 2023

Temporary Protected Status

TPS Program Termination Rescinded

A previous federal court decision that allowed the ending of Temporary Protection Status (TPS) for individuals from El Salvador, Haiti, Sudan, and Nicaragua has been overturned. In addition, a federal appeals court agreed to revisit the 2020 ruling that gave the U.S. government the ability to revoke TPS.

February 14, 2023

B-1

Indian Nationals Encouraged to Apply for U.S. Visas in Countries with Lower Wait Times

The U.S. Embassy in India suggests that Indian nationals travel to specific countries with lower wait times for B1 or B2 visas. Specific countries have expanded the availability of visa appointments for Indian nationals.

February 13, 2023