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.

11/29/2021    The updated guidance on the enforcement of civil immigration law issued by the U.S. Department of Homeland Security on September 30, 2021 became effective on November 29, 2021.  

11/26/2021    The White House issued a proclamation suspending the entry of certain immigrants and nonimmigrants who pose a risk of transmitting Omicron variant based on their presence in certain countries.   

11/26/2021    U.S. Department of Homeland Security announced it is suspending certain regulatory requirements for F-1 students from Hong Kong. (86 FR 67485, 11/26/21).

11/24/2021    U.S. Department of State published updates to the visa reciprocity tables.  

11/22/2021    USCIS announced that certain petitioners for U nonimmigrant status may be issued a refund for application fees.

11/19/2021    USCIS has conducted its third random selection from the cap-subject H-1B registrations submitted for FY 2022.

11/17/2021    USCIS announced I-9 requirements for individuals who receive an automatic extension of work authorization.  

11/16/2021    USCIS announced that F2A applicants may use the Final Action Dates chart of the December 2021 Visa Bulletin to determine whether their priority date is current for purposes of applying for adjustment of status.  

11/16/2021    The White House issued a proclamation suspending the entry of certain people connected to the Nicaraguan government.

11/15/2021    U.S. Department of State released the December visa bulletin, which shows that all direct EB-5 applicants worldwide are “current.”  This is the first time this has happened since the EB-5 visa categories became oversubscribed in 2015. 

11/12/2021    USCIS issued policy guidance stating that current or former members of the U.S. armed forces who serve honorably during specifically designated periods of hostilities may be eligible to naturalize, and includes information about fees and spousal eligibility. 

11/12/2021    USCIS issued policy guidance for automatic extensions of work authorization for H-4, E, and L nonimmigrant dependent spouses, implementing the terms of an historic settlement agreement with AILA attorneys and litigation partners.  The new policy provides that E and L dependent spouses do not require work permits (“EADs”), but rather they qualify based on their status alone using their I-94.  The new policy also provides that the H-4, E, and L dependent spouses qualify for automatic extensions for their existing EAD in certain circumstances.  

11/10/2021    U.S. Department of Homeland Security issued notice of the 85 countries whose nationals can participate in the H-2A program, and the 86 countries whose nationals can participate in the H-2B program for the coming year. 86 FR 62559, 11/10/21. 

11/9/2021    U.S. Department of State announced that they can process visa applications in Brazil, China, India, Iran, Ireland, the Schengen Area, South Africa, and the United Kingdom.  Applicants who were refused can request reconsideration, but should expect delays in getting visa appointments. 

11/8/2021    U.S. Government reported information about “Operation Horizon”.  Operation Horizon is designed to place 78,000 individuals into removal proceedings (i.e., deportation), who originally only received Notices to Report, after crossing the U.S/Mexico border without authorization in 2021. Notices to Appear (the document that officially places an individual in removal proceedings) are being mailed to addresses provided by immigrants at the time of entry. 

11/8/2021    CDC’s order became effective that implements President Biden’s proclamation requiring nonimmigrants seeking to enter the U.S. by air travel to provide proof of being fully vaccinated against COVID-19 prior to boarding, with limited exceptions.  For general information, CDC has provided information to the public here. Requirement for Proof of COVID-19 Vaccination for Air Passengers | CDC.  The full order is found at 86 FR 61252, 11/5/21 or here.

11/8/2021    CDC’s order became effective that requires all airlines to collect and/or maintain passenger and crew contact information, and requiring passengers to provide such information to the airlines, on flights arriving into the U.S. 86 FR 61246, 11/5/21.  

11/5/2021    CDC issued a superseding order to continue the requirement that all passengers arriving into the U.S. by air from any foreign country show either a negative pre-departure COVID-19 test or documentation of recovery from COVID-19.  For general information, CDC has provided information to the public here. The full order is found at 86 FR 61252, 11/5/21 or at this here.

11/5/2021    USCIS announced that the California Service Center will accept credit card payments (using Form G-1450) for filings of Form I-129 related to O and P nonimmigrant petitions. USCIS Expands Credit Card Payment Pilot Program to California Service Center | USCIS

11/1/2021    U.S. Customs and Border Protection issued updated guidelines on management and processing of undocumented noncitizens at southwest border points of entry (POE). The memo states that asylum seekers or people seeking humanitarian parole cannot be required to submit advance information in order to be processed at a POE. Memo: Guidance for Management and Processing of Undocumented Non-citizens at Southwest Border Land Ports of Entry (cbp.gov)