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.

07/28/2023    The U.S. Citizenship and Immigration Service (“USCIS”) announced that the Department of State’s (“DOS”) National Visa Center will begin issuing invitations on July 31, 2023 for the family reunification parole processes for Colombia, El Salvador, Guatemala, and Honduras. Invitations will be mailed or emailed to the petitioner. 

07/27/2023    USCIS announced it will conduct a second lottery selection for previously submitted H-1B cap registrations for the Fiscal Year (FY) 2024 H-1B cap.  USCIS will announce when it has completed the second selection process.

07/25/2023    USCIS and the U.S. Department of Homeland Security (“DHS”) announced a revised Form I-9 and a new option for employers to remotely examine employees’ documents.  USCIS announced that the new form will be available beginning August 1, 2023, and all employers must use the new form starting November 1, 2023.  DHS announced that employers who are enrolled in E-Verify will have the option to remotely examine employees’ identity and employment authorization documents under certain conditions. Employers who are not enrolled in E-Verify must continue to do in-person examinations of employees’ identification and employment authorization documents.  

07/18/2023    USCIS announced that it would update its visa availability approach for managing the inventory of Form I-526, Immigrant Petition by Alien Investor, by grouping petitions with filing dates on or before November 30, 2019 by new commercial enterprise within the queue of petitions where the project has been reviewed and there is a visa available or a visa will soon be available. USCIS stated this approach is intended to enable the agency to enhance efficiencies and reduce backlogs.

07/14/2023    USCIS provided adjustment of status dates for August 2023.

07/14/2023    DOS published the August 2023 Visa Bulletin, which includes notes on establishing an EB-1 final action date for world, Mexico, and Philippines; retrogression in EB-1 India; and retrogression in EB-3 for world, Mexico, and Philippines.

07/12/2023    USCIS announced that it is expanding myProgress, a feature in an applicant’s online account that aims to personalize estimates of the wait time for major milestones in an immigration filing. The expansion of myProgress will include forms I-765 (employment authorization) and I-131 (travel document).  The other forms that are already included in myProgress are forms N-400 (naturalization), I-90 (replacement of a permanent resident card), and I-130 (family-based petition).  To take advantage of myProgress, applicants must first create a USCIS online account.  

07/07/2023    DHS announced family reunification parole processes for Colombia, El Salvador, Guatemala, and Honduras.

07/06/2023    USCIS issued policy guidance in its Policy Manual regarding making requests to reschedule biometric services appointments. The policy is effective July 6, 2023 and comments are due by August 7, 2023.  

07/06/2023    The U.S. Customs and Border Protection (“CBP”) advised that those who have been to Cuba or who are dual nationals of a Visa Waiver Program country and Cuba are ineligible for the Electronic System for Travel Authorization (“ESTA”). These individuals must apply for a visa to request U.S. admission.