Immigration law is at the forefront of public dialogue these days. Womble Bond Dickinson’s Immigration Solutions team helps employers navigate high-stakes, constantly shifting immigration challenges to avoid potential problems and secure the talent they need to make their companies thrive. The following newsletter, drafted by Womble Bond Dickinson Immigration Solutions attorneys, covers some of the recent and most important developments in immigration law.

3/31/2022    DHS and DOL announced a joint temporary final rule to add 35,000 H-2B temporary nonagricultural worker visas for the second half of the fiscal year 2022.  

3/30/2022    USCIS announced it is extending certain flexibilities in responding to agency requests, notices and decisions due to the COVID-19 pandemic. USCIS will deem a response received within 60 calendar days after the due date provided in USCIS’ request, notice or decision if the request, notice or decision was/is issued between March 1, 2020 and July 25, 2022.  

3/29/2022    USCIS announced that it has received enough FY2023 H-1B electronic registrations to reach the cap and that it has notified petitioners whose registrations were selected that they are eligible to file a cap-subject H-1B petition for the beneficiary listed on the selected registration.  Registrants’ USCIS on line accounts will now show one of the following statuses for each beneficiary registration: Submitted, Selected, Denied, or Invalidated-Failed Payment.   

It is important to note that historically USCIS has conducted additional rounds of lottery selections when it has determined that not enough H-1B petitions were filed to meet the annual cap.

3/29/2022    USCIS announced new efforts to increase efficiency and reduce backlogs. It plans to put in place new agency-wide backlog reduction goals, offer premium processing for additional form types, and work to decrease processing time for the issuance of employment authorization documents.  

3/29/2022    DHS and DOJ have published an interim final rule (IFR) revising the regulations regarding the processing of asylum claims by individuals who are subject to expedited removal. The IFR is effective on May 31, 2022 and comments will be accepted until that date. See 87 FR 18078, 3/29/22. 

3/23/2022    CDC has announced that it will exercise its enforcement discretion regarding its amended order requiring airline passengers to present a negative COVID-19 test result, limited to certain travelers traveling from Ukraine to the U.S. This exercise of enforcement discretion will expire on May 1, 2022 unless extended.  

3/21/2022    USCIS settled a lawsuit restoring a path to lawful permanent residency for Temporary Protected Status beneficiaries.

3/18/2022    USCIS updated its policy guidance in its Policy Manual regarding documentation of employment authorization for certain E and L nonimmigrant dependent spouses.

3/18/2022    DHS has automatically extended the validity of certain employment authorization documents listing category code A12 and C19 provided under Temporary Protected Status for Somalia through September 12, 2022.  

3/17/2022    DHS announced it is terminating its COVID-19 Temporary Policy for expired List B documents, effective May 1, 2022.  

03/17/2022    DOS published the April 2022 Visa Bulletin and USCIS published the April 2022 Adjustment of Status Filing Charts.

3/16/2022    DHS announced the designation of Afghanistan for Temporary Protected Status (TPS) for 18 months, based on continued armed conflict and extraordinary and temporary conditions that prevent Afghan nationals from safely returning home.  Those in the U.S. as of March 15, 2022 who meet all other requirements, including submitting to background and security checks, will be eligible for TPS.  The 18-month TPS designation will be effective when the Federal Register notice is published.

03/07/2022    USCIS announced a new policy to consider granting deferred action and employment authorization for noncitizens who have an approved I-360 petition for Special Immigrant Juvenile classification.  USCIS updated its policy manual to reflect this new policy.   

03/04/2022    DOS provided updated guidance for U.S. citizens in Ukraine. The memo includes information on border wait times, and on preparing for land border crossings into Poland, Romania, Hungary, Slovakia, and Moldova. The memo also provides a form that citizens should complete so that DOS can contact them.  

03/03/2022    DHS announced it is suspending certain employment authorization restrictions for F-1 nonimmigrant students who are citizens of South Sudan (regardless of country of birth) and who are experiencing severe economic hardship as a result of the humanitarian crisis in South Sudan.

03/03/2022    DHS announced the designation of Ukraine for Temporary Protected Status (TPS) for 18 months. In order to be eligible under the designation, individuals must have continuously resided in the United States since March 1, 2022.  

03/02/2022    DHS announced that due to conflict in both regions, the agency will extend and redesignate South Sudan for Temporary Protected Status (TPS) for 18 months, and designate Sudan for TPS for 18 months. The extension and redesignation of South Sudan is in effect from May 3, 2022, through November 3, 2023.  

03/01/2022    USCIS announced that it reached the congressionally mandated cap on H-2B visas for the second half of FY2022. The final receipt date for new cap-subject H-2B petitions requesting an employment start date before October 1, 2022, was February 25, 2022.  

03/01/2022    DOS announced that the U.S. Mission to Ukraine is not currently offering visa services. Effective immediately, Ukrainian Immigrant Visas will be processed at Consulate General Frankfurt, including Diversity Visa and K-1 fiancé visas.  Nonimmigrant visa applications may be processed wherever a Ukrainian applicant is physically located and can schedule an appointment.