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.

01/28/2022    The Executive Office for Immigration Review announced that it has postponed non-detained, non-represented case hearings due to Covid-19 from January 10, 2022 through February 7, 2022. Detained cases and non-detained cases with representation will have hearings continued by phone or online.  

01/28/2022    USCIS announced that the registration period for fiscal year 2023 H-1B cap petitions will be open from noon EST on March 1, 2022 through noon EST on March 18, 2022. Prospective petitioners and representatives may submit registrations electronically during this time.

01/27/2022    DHS and DOL announced availability of additional 20,000 H-2B visas for the first half of the fiscal year 2022.  

01/26/2022    USCIS has updated its policy guidance related to photographs and signatures required for Form N-600. Effective March 28, 2022, N-600 applicants will have their photographs taken and signatures collected at their biometrics appointment. USCIS may consider the application abandoned if an applicant fails to attend the biometrics appointment.

01/25/2022    USCIS has updated its Policy Manual to provide new guidance, effective immediately, related to how it determines whether a case merits expedited treatment.  

01/24/2022    CBP published notifications of temporary travel restrictions requiring non-U.S. citizens who are neither U.S. nationals nor lawful permanent residents to be fully vaccinated against COVID-19 to be processed for admission at the Canadian border (86 FR 3429, 01/24/2022) and at the Mexican border (86 FR 3425, 01/23/22) with limited exceptions. 

01/21/2022    USCIS announced that there are many employment-based immigrant visas available this fiscal year and that there are many more first and second preference category visas available than there are pending applications for adjustment of status.

01/21/2022    DHS announced the addition of 22 fields of study to the STEM Designated Degree Program List. (86 FR 3317, 01/21/22).

01/20/2022    U.S. Health and Human Services published the annual update of poverty guidelines for 2022, effective 1/21/22. (86 FR 3315, 01/21/22).

01/19/2022    USCIS published its Adjustment of Status Filing Dates Chart for February 2022, noting that F2A applicants may use the Final Action Dates chart for purposes of determining visa availability. All other family-sponsored preference categories must use the Dates for Filing chart.  

01/12/2022    USCIS issued a reminder stating that it offers immigration services to people affected by unforeseen circumstances. Services may include expedited processing, expedited adjudication of EADs, consideration of fee waiver requests, rescheduling of biometric services appointments, and more.   

01/11/2022    DHS final rule increasing the amount of certain civil penalties for inflation. Among the penalties affected are penalties for document fraud, penalties assessed by ICE against employers for violations of the INA, and penalties assessed by CBP for violations of the INA. This final rule goes into effect immediately. (87 FR 1317, 1/11/22).  

01/07/2022    DOS posted the February 2022 visa bulletin. In addition to final action dates and dates for filing, it contains notes on the DV category including DV-2022 results, expiration of I5 and R5 visa categories, scheduled expiration of SR category, and more. 

01/04/2022    The Office of Foreign Labor Certification (“OFLC”) announced that it completed the randomization process to assign H-2B applications submitted from January 1–3, 2022, requesting an April 1, 2022, work start date for the second half of the FY2022 H-2B statutory visa cap.  In total, 136,555 worker positions were requested. The cap limit is 33,000 for each half of every fiscal year; thus, more than 100,000 visas were requested than were available.