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.

02/28/2023    The U.S. Department of Labor (“DOL”) published a final rule in the Federal Register revising the methodology for determining the Adverse Effect Wage Rates (AEWRs) for H-2A non-range occupations. The rule is effective March 30, 2023.

02/22/2023    The U.S. Department of State (“DOS”) released an annual report from the National Visa Center (“NVC”) that shows the total number of immigrant visa applicants as of 11/1/22 that were waiting across all family- and employment-based preference categories.

02/22/2023    The U.S. Citizenship and Immigration Services (“USCIS”) issued policy guidance to clarify the validity period of employment authorization for F-1 students experiencing severe economic hardship due to emergent circumstances (also known as special student relief). Guidance is effective immediately and comments are due by 3/22/23.  

02/14/2023     USCIS determined that for adjustment of status applications for the month of March 2023, all family-sponsored preference categories and all employment-based preference categories must use the “Dates for Filing” chart in the March 2023 visa bulletin.  

02/14/2023    USCIS issued guidance in its Policy Manual to update when an immigrant visa number “becomes available” for the purpose of calculating a noncitizen’s age in certain situations under the Child Status Protection Act (CSPA). Guidance is effective 2/14/23 and comments are due by 3/14/23.  USCIS invites any applicant whose adjustment of status application was denied previously and would have been approved under this updated guidance to file a motion to reopen their application.

02/09/2023    DOS published the visa bulletin for March 2023.

02/6/2023    The Executive Office for Immigration Review (“EOIR”) announced the appointment of 23 immigration judges to courts in California, Connecticut, Georgia, Louisiana, New Jersey, New Mexico, New York, Texas, and Virginia.   

01/31/2023    USCIS announced that it has received enough petitions to reach the cap for the additional 18,216 H-2B visas made available for returning workers for the first half of FY2023 with start dates on or before March 31, 2023. It will continue to accept petitions for H-2B nonimmigrant workers for the additional 20,000 visas allotted for nationals of Haiti, El Salvador, Guatemala, and Honduras.