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.

5/31/2022    USCIS updated its H-2B cap count for the second half of FY2022, stating that it has received enough petitions to reach the cap for the additional 23,500 visas made available for returning workers only.  

5/24/2022    USCIS released details about how it will begin implementing premium processing for certain petitioners who have pending Form I-140 petitions pending under the EB-1 and EB-2 classifications.  The expansion will occur in phases. The first phase will begin June 1, 2022, at which time USCIS will accept premium processing requests for the E13 multinational executive and manager petitions that were received on or before January 1, 2021.  The next phase will begin on July 1, 2022 for certain E21 National Interest Waiver petitions received on or before June 21, 2021, and will extend premium processing to E13 petitions received on or before March 1, 2021.  Further information will be released regarding upcoming phases as it becomes available, which will include Form I-539 (extensions and changes of status) and Form I-765 (work authorization).  

5/23/2022    The DOS announced the suspension of National Visa Center’s (NVC) public inquiry telephone line.  People who wish to contact NVC continue to have the option of using the Public Inquiry Form available on NVC’s website. 

5/20/2022    CBP published a final rule increasing the Electronic System for Travel Authorization (ESTA) fee from $14 to $21. The rule is effective on 5/20/22. 

5/20/2022    DHS announced the designation of Afghanistan for Temporary Protected Status (TPS) effective 5/20/2022 through 11/20/2023.  This designation allows eligible Afghan nationals who have continuously resided in the United States since 3/15/22, and who have been continuously physically present in the United States since 5/20/22 to apply for TPS. 

5/18/2022    DHS and DOL announced the agencies are authorizing 25,000 additional H-2B visas for the second half of Fiscal Year 2022. 

5/16/2022    The Biden Administration announced measures to support Cubans, such as reinstating the Cuban Family Reunification Parole Program (CFRP) and increasing capacity for consular services in Cuba.  While limited immigrant visa processing will resume in Havana, Cuba, most immigrant visa cases will continue to be processed at the U.S. Embassy in Georgetown, Guyana. 

5/16/2022    The U.S. Supreme Court released a 5-4 decision in Patel v. Garland holding federal courts lack jurisdiction to review an immigration judge’s factual determinations regarding certain applications for removal relief such as applications for a noncitizen to become a lawful permanent resident.  

5/14/2022    Effective May 14, 2022, all entities seeking regional center designation under the EB-5 Reform and Integrity Act of 2022 must use two new forms that USCIS published on May 13, 2022: Form I-956, Application for Regional Center Designation, and Form I-956H, Bona Fides of Persons Involved with Regional Center Program.  

5/13/2022    USCIS announced that for June 2022, all family-based preference categories must use the Dates for Filing chart on the May 2022 visa bulletin, and all employment-based preference categories must use the Final Action Dates chart. 

5/12/2022    The U.S. Department of State posted the June 2022 visa bulletin.

5/10/2022    USCIS announced that it mailed notices in early April 2022 to E and L nonimmigrant dependent spouses who have an unexpired Form I-94 that USCIS issued before January 30, 2022.  Individuals who received these notices can use the notice along with an unexpired Form I-94 to satisfy the documentation needed to complete the Form I-9 with their employer as proof of work authorization. 

5/5/2022    USCIS announced changes it has made to improve reporting case processing time data to the public.  The updates also make it easier for individuals to learn how long they must wait before they can make an inquiry into their case.

5/3/2022    USCIS announced a Temporary Final Rule that will automatically extend the period of employment authorization up to 540 days beyond the expiration date of the Employment Authorization Document (“EAD”) of certain noncitizens’ who timely filed to renew their EAD.  The automatic extension ends either upon notification of a final decision on the renewal application or the end of the 540-day period, whichever comes earlier. This new rule goes into effect May 4, 2022 and applies to certain EAD categories that were already eligible for an automatic 180-day extension while their EAD renewal application was pending. This essentially adds an additional automatic 360-day extension to the prior 180-day extension that was being granted.  USCIS has also provided the public with an EAD Automatic Extension Calculator.