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July 1, 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.
06/23/2023 The U.S. Supreme Court found the law under the Immigration and Nationality Act that criminalizes “encouraging or inducing” illegal immigration forbids only the purposeful solicitation and facilitation of specific acts known to violate
federal law, and is thus not unconstitutionally overbroad under the First Amendment. The Court reasoned that, properly interpreted, the provision forbids only the intentional solicitation or facilitation of certain unlawful acts, and does not prohibit “a substantial amount of protected speech,” nor enough to justify throwing out the law’s “plainly legitimate sweep.”
06/23/2023 In an 8-1 decision, the U.S. Supreme Court found that Texas and Louisiana lacked Article III standing to challenge DHS’s immigration-enforcement guidelines that prioritize the arrest and removal of noncitizens who are suspected terrorists or dangerous criminals or who have recently unlawfully entered the country. This effectively permits the Biden Administration to exercise discretion and set guidelines in carrying out immigration enforcement activities. The decision will go into effect when the court issues a judgment, typically within 32
days.
06/14/2023 U.S. Citizenship and Immigration Services (“USCIS”) released policy guidance outlining the eligibility criteria for granting an Employment Authorization Document (“EAD”) in compelling circumstances. This discretionary EAD is available to beneficiaries of an approved I-140 immigrant visa petition in the 1st, 2nd, or 3rd employment-based preference categories and their dependents, among other criteria. The policy provides a non-exhaustive list of situations that could amount to “compelling circumstances.” The policy is effective as of June
14, 2023 and only applies to applications filed on or after that date.
06/13/2023 U.S. Department of Homeland Security (“DHS”) retracted the former administration’s termination of Temporary Protected Status (“TPS”) designations for El Salvador, Honduras, Nepal, and Nicaragua and announced extension of TPS for these countries for 18 months.
06/09/2023 USCIS announced that effective June 9, 2023 through July 31, 2024, DHS will consider, on a case by case basis, a two-year extension of the original parole period for Afghan parolees who are asylum or adjustment of status applicants.
06/09/2023 USCIS announced that for July 2023, applicants in all family-sponsored preference categories must use the Dates for Filing chart and applicants in all employment-based preference categories must use the Final Action Dates chart to determine when they may file an application for adjustment of status.
06/07/2023 U.S. Immigration and Customs Enforcement (ICE) published a notice of termination of Student and Exchange Visitor Program (SEVP) COVID-19 flexibilities, noting that while SEVP COVID-19 guidance is terminated effective May 11, 2023, active F and M students may complete the academic year under the COVID-19 flexibilities through the 2023 summer semester.
06/06/2023 USCIS announced it has updated its Lockbox Filing Location Updates web page to include service center filing location updates. Filing location changes between the lockboxes or service centers can now be tracked on this page.
06/02/2023 The U.S. Department of State (“DOS”) published the July 2023 Visa Bulletin, which includes notes regarding family-based second preference visa availability and retrogression of employment-based third preference for the rest of the world countries, Mexico, and Philippines.
06/02/2023 DOS announced nonimmigrant visa fee increases to take effect June 17, 2023. Fees paid before June 17, 2023 remain valid through the expiration date of the fee receipt.
06/01/2023 DOS published a temporary final rule exempting certain Afghan immigrant visa applicants from paying the immigrant visa processing fee and Affidavit of Support review fee, effective June 1, 2023.
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