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January 2023
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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.
12/28/2022 The Center for Disease Control and Prevention (“CDC”) announced that on January 5, 2023, at 12:01 am, it will implement a requirement for a negative COVID-19 test or documentation of recovery for all travelers two years and older boarding flights to the United States that originated in the People's Republic of China (PRC), Hong Kong, and Macau.
12/23/2022 The U.S. Department of State (“DOS”) extended the authority of consular officers to waive in-person interviews for certain nonimmigrant visa categories through December 31, 2023, on a case-by-case basis for certain first-time and/or renewing applicants.
12/23/2022 The U.S. Citizenship and Immigration Services (“USCIS”) issued an alert on its webpage reminding the public that the new regulations related to the public charge ground of inadmissibility go into effect on December 23, 2022. USCIS requires that a new I-485 form must now be used, and warns that USCIS will reject any prior version of the form if it is postmarked after December 23, 2022.
12/20/2022 USCIS determined that for adjustment of status applications for the month of January 2023, all family-sponsored preference categories and all employment-based preference categories must use the “Dates for Filing” chart in the January 2023 visa bulletin.
12/20/2022 USCIS issued policy guidance to address the implementation of the new public charge regulations that go into effect on December 23, 2022.
12/19/2022 Supreme Court Chief Justice Roberts issued an order temporarily stopping Title 42 from ending. The order followed a request filed by 19 states asking the Supreme Court to stay a district court decision ruling that the policy was “arbitrary and capricious.”
12/15/2022 The U.S. Mission China Consular Services announced that due to operational impacts caused by the surge of COVID-19 infections across China, all routine visa services at the U.S. embassy and consulates in China are temporarily suspended. The U.S. Embassy Beijing and U.S. Consulate General Shanghai are temporarily providing passport and emergency citizen services only.
12/15/2022 USCIS issued a notice announcing a nationwide trial of planned changes to the naturalization test that USCIS will conduct with the help of community-based organizations that serve English-language learners and LPRs preparing for naturalization. The trial will test an updated civics component and a newly developed English-speaking component that could become standard. Participating in the trial is completely voluntary for organizations and students, and any test taken during, or as part of, the trial will not affect any naturalization application that may be submitted to USCIS during the trial testing period.
12/14/2022 USCIS posted updated Frequently Asked Questions and resources for the Process for Venezuelans, a program that will seek to lawfully bring up to 24,000 qualifying Venezuelans into the United States.
12/13/2022 The U.S. Department of Homeland Security (“DHS”) provided an update on its preparations for southwest border enforcement and security following the lifting of the Title 42 border expulsion policy.
12/12/2022 DHS published the Federal Register notice designating Ethiopia for Temporary Protective Status (“TPS”) for 18 months, effective 12/12/22 through 6/12/24. This designation allows Ethiopian nationals (and individuals having no nationality who last habitually resided in Ethiopia) who have continuously resided in the United States since 10/20/22, and who have been continuously physically present in the United States since 12/12/22 to apply for TPS.
12/9/2022 USCIS issued policy guidance to provide that it may automatically extend the validity of a Permanent Resident Card (a “green card” or Form I-551) through a Form N-400 receipt notice, without regard to whether the applicant has filed an Application to Replace Permanent Resident Card (Form I-90).
12/8/2022 USCIS announced important filing updates for petitioners who will be requesting additional H-2B workers for Fiscal Year 2023. This announcement noted that premium processing for H-2B supplemental cap petitions will be temporarily suspended until January 3, 2023.
12/7/2022 USCIS released a progress report for Fiscal Year 2022 that highlighted the work that it has done to reduce backlogs, utilize all available employment-based immigrant visas, extend Employment Authorization Document (“EAD”) validity periods and reduce EAD wait times, as well as an outlook for Fiscal Year 2023.
12/5/2022 DHS announced that TPS for Haiti will be extended for an additional 18 months, through 8/3/24, and also redesignated Haiti for TPS to allow Haitian nationals residing in the U.S. as of 11/6/22 to apply for TPS.
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