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.

01/31/2023    USCIS announced that the cap has been met for the additional 18,216 H-2B visas that were made available for returning workers for the first half of FY 2023 with start dates on or before March 31, 2023.  

01/30/2023    USCIS announced new designs for green cards and employment authorization documents. The redesigned cards will be issued starting January 30, 2023.

01/27/2023    USCIS announced that the FY2024 H-1B cap initial registration period will open at noon Eastern Time on March 1, 2023, and be open through March 17, 2023.  

01/26/2023    DHS notice extending the designation of Haiti for TPS for 18 months from 2/4/23 through 8/3/24, as well as redesignating Haiti for TPS. The redesignation allows Haitian nationals who have been continuously residing in the U.S. since 11/6/22 to apply for TPS for the first time.

01/24/2023    USCIS announced it is once again extending (but does not anticipate any further extensions of) 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 March 23, 2023.

01/23/2023    USCIS announced a new policy that will extend the validity of Permanent Resident Cards for petitioners who properly file Form I-751 or Form I-829 for 48 months beyond the card’s expiration date. This change started on January 11, 2023 for Form I-829, and on January 25, 2023 for Form I-751.

01/21/2023    As part of a settlement agreement in the class action lawsuit Edakunni v. Mayorkas, USCIS has agreed to start bundling the processing of Forms I-539 and I-765 for spouses and minor children of H-1B and L-1 nonimmigrants with the principal applicant’s Form I-129.  This process will go into effect on January 25, 2023 and will resume for two years.  Notably, these forms will only be bundled if filed concurrently.  

01/19/2023    DOS, in collaboration with the Department of Health and Human Services, announced the Welcome Corps, a new private sponsorship program that will enable Americans to directly sponsor refugees arriving through the U.S. Refugee Admissions Program.

01/17/2023     USCIS determined that for adjustment of status applications for the month of February 2023, all family-sponsored preference categories and all employment-based preference categories must use the “Dates for Filing” chart in the February 2023 visa bulletin.

01/17/2023    CBP announced the decision of the DHS Secretary to terminate arrival restrictions applicable to flights carrying persons recently present in Uganda as of January 11, 2023.  

01/13/2023    DHS announced that effective January 12, noncitizens located in Central or Northern Mexico who seek to travel to the United States may use CBP’s OneTM app to submit information in advance and schedule an appointment to present themselves at certain southwest ports of entry.  

01/13/2023    DHS announced that noncitizen workers who are victims of or witnesses to the violation of labor rights can now access a streamlined and expedited deferred action process, effective immediately.

01/12/2023    DHS announced the extension and redesignation of TPS for Somalia for an additional 18 months.

01/12/2023    USCIS announced the final phase of the premium processing form expansion for Form I-140 petitions under the EB-1 and EB-2 classifications. All new or initial petitions, in addition to pending petitions under an E13 multinational executive and manager classification or E21 classification of a member of professions with advanced degrees or exceptional ability seeking a NIW can now request premium processing.

01/11/2023    DOS published the visa bulletin for February 2023.

01/09/2023    The Office of Foreign Labor Certification (OFLC) published the assignment group(s) for 8,693 H-2B applications covering 142,796 worker positions with the start date of work of April 1, 2023.

01/05/2023    CBP announced the option for Cuban, Haitian, Nicaraguan, and Venezuelan nationals to apply for advanced travel authorization to seek parole into the U.S., including their derivative family members of the same nationalities. A valid unexpired passport, without a visa, is required.  

01/05/2023    The CDC published a notice of its order requiring negative COVID-19 test results or documentation of recovery from COVID-19 for aircraft passengers traveling to the United States from China or departing from a designated airport if the passenger has been in China within 10 days prior to their departure.  

01/05/2023    DHS announced several new border enforcement measures in anticipation of the end of Title 42, including a new parole process for Cubans, Haitians, and Nicaraguans, a new mechanism for noncitizens to schedule appointments to present themselves at ports of entry, and more.

01/04/2023    The Office of Foreign Labor Certification (OFLC) completed the randomization process to randomly assign all H-2B applications submitted during the initial three-day filing window, January 1-3, 2023, requesting an April 1, 2023, work start date for the second half of the Fiscal Year 2023 H-2B statutory visa cap. OFLC received a total of 8,693 H-2B applications requesting 142,796 worker positions during this filing period, and will be providing written notification to employers (and the employer's authorized attorney or agent) with their H-2B Assignment Group.   

01/04/2023    USCIS issued a proposed rule which would adjust USCIS fees, add new fees for certain benefit requests, establish distinct fees for petitions for nonimmigrant workers, and limit the number of beneficiaries on certain forms.  The proposed rule would not go into effect until USCIS publishes a final rule.

01/03/2023    DHS announced the extension of the designation of Yemen for TPS for 18 months from 3/4/23 through 9/3/24, as well as redesignating Yemen for TPS. The redesignation allows Yemeni nationals (and individuals having no nationality who last habitually resided in Yemen) who have been continuously residing in the United States since 12/29/22 to apply for TPS for the first time.