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.

05/30/2023    The Office of Foreign Labor Certification (OFLC) announced new ETA-9089 submissions in FLAG will start June 1, 2023 and published technical guidance for case submission.

05/26/2023    The U.S. Department of State (DOS) announced delay of effective date of consular services fees hike from May 30, 2023 to June 17, 2023.

05/19/2023    DOS announced it has implemented new technology and improved coordination to reduce the number of visa application that require administrative processing based on security concerns.

05/16/2023    The U.S. Department of Homeland Security (DHS) and U.S. Department of Justice (DOJ) issued a final rule providing a rebuttable presumption of asylum ineligibility for a two-year period for certain noncitizens who entered the U.S. at the southwest border without documentation and traveled through a country that signed the 1951 Refugee Convention or its 1967 Protocol. This rule is effective May 11, 2023.

05/12/2023    The Executive Office for Immigration Review (EOIR) announced the appointment of 19 immigration judges to immigration courts in Arizona, California, Illinois, Massachusetts, New York and Texas.  

05/12/2023    The Centers for Disease Control (CDC) announced the end of the COVID-19 vaccination requirement for all airline or other aircraft passengers arriving in the United States from any foreign country.  

05/11/2023     U.S. Immigration and Customs Enforcement (ICE) published new guidelines removing the requirement of COVID-19 tests and quarantine for detainees, which allows ICE to have more available beds.

05/10/2023    U.S. Citizenship and Immigration Services (USCIS) determined that for adjustment of status applications for the month of June 2023, all family-sponsored preference categories must use the “Dates for Filing” chart and all employment-based preference categories must use the “Final Action Dates” chart in the May 2023 Visa Bulletin.

05/10/2023    DHS announced that when Title 42 ends on 05/11/2023, the U.S. will strengthen its enforcement of Title 8 immigration authorities to expeditiously process and remove individuals who arrive at the U.S. border unlawfully and do not have a legal basis to remain.

5/10/2023    The U.S. Customs and Border Protection (CBP) announced the termination, as of 5/12/2023, of the temporary restrictions on travel of non-U.S. citizens and non-permanent residents seeking entry at the Canadian border and at the Mexican border.

05/06/2023    Applicants for the 2024 Diversity Visa period can begin checking their entrant status. DV-2024 entrants are recommended to keep their confirmation number until at least September 30, 2024.

05/05/2023    CBP announced changes to the CBP One app to expand the number of appointments available, allow for additional time to complete requests, and prioritize those who have been waiting the longest.

05/04/2023    DOS published the visa bulletin for June 2023.

05/04/2023    ICE announced that the Form I-9 COVID-19 flexibilities that permitted employers to review employees’ identity and employment authorization documents remotely will sunset on 07/31/2023. Employers will have 30 days from that date to reach compliance with the standard Form I-9 requirements. Employers therefore must ensure that all required physical inspection of identity and employment eligibility documents are completed by 08/30/23.

05/04/2023    DHS issued notice that certain students from Hong Kong who are in F-1 status may be eligible to apply for employment authorization.  Regulatory requirements are suspended for individuals who were in lawful F-1 status as of 1/26/23 who are Hong Kong residents and who are experiencing severe economic hardship as a direct result of the current crisis in Hong Kong.