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.

4/29/2022    CBP urged travelers who intend to enter the United States at the US-Canada land border and who require Form I-94 to apply and prepay online in advance. To apply for an I-94 in advance, follow this link.

4/25/2022    ICE and DHS announced that flexibility for employers’ I-9 compliance will be extended to October 31, 2022.  The original announcement was made in March 2020 and expanded in the months of April 2021, August 2021, and December 2021, and was set to expire on April 30, 2022. The flexibility applies in cases of new employees who work exclusively in a remote setting due to COVID-19-related precautions. Those cases are temporarily exempt from the physical inspection of documents requirements associated with the Employment Eligibility Verification (Form I-9) until they undertake non-remote employment on a regular, consistent, or predictable basis, or the extension of the flexibilities related to such requirements is terminated, whichever is earlier.

4/21/2022    DHS announced it will extend requirements for non-U.S. travelers entering the United States via land ports of entry and ferry terminals at the U.S.-Mexico and U.S.-Canada borders to be fully vaccinated against COVID-19 and provide proof of vaccination upon request.  

4/21/2022    The Biden Administration announced "Uniting for Ukraine," which provides a streamlined process for displaced Ukrainian citizens and their immediate family members who are outside the United States to come to the United States and stay temporarily for up to two years. Participants in the program must have a U.S.-based financial supporter. Further information from the U.S. Department of State for Ukrainians seeking to enter or entering the United States can be found here.

4/19/2022    DHS issued notice suspending certain regulatory requirements for F-1 nonimmigrant students whose country of citizenship is Ukraine and Sudan and who are experiencing severe economic hardship as a result of the conflict in Ukraine, and the crisis in Sudan. 

4/19/2022    DHS issued notice that Sudan has been designated for Temporary Protected Status (TPS) for 18 months, effective 4/19/22 through 10/19/23. Sudanese nationals who have continuously resided in the United States since 3/1/22, and who have been continuously physically present in the United States since 4/19/22, can now apply for TPS.  

4/19/2022    DHS issued notice that Ukraine has been designated for Temporary Protected States (TPS) for 18 months, effective 4/19/2022 through 10/19/2023. Ukrainian nationals who have continuously resided in the United States since 4/11/2022 and have been continuously physically present in the United States since 4/19/2022 can now apply for TPS.

4/18/2022    SEVP announced it will extend guidance originally issued in March 2020 for F and M students for the 2022-23 academic year. The guidance enables schools and students to engage in distance learning in excess of regulatory limits due to the public health concerns created by COVID-19.  

4/15/2022    DHS announced the designation of Cameroon for Temporary Protected Status for 18 months.  Eligibility includes residing in the U.S. as of April 14, 2022.  

4/14/2022    USCIS updated its H-1B Cap Registration Process webpage to note that, for the FY2023 cap, more than 48,000 prospective petitioners submitted 483,927 registrations, of which 127,600 were selected in the initial lottery.  Roughly 31% of eligible registrations requested consideration under the advanced degree exemption.

4/14/2022    USCIS announced that for May 2022, all family-based preference categories and all employment-based preference categories must use the Dates for Filing chart on the May 2022 visa bulletin.       

4/13/2022    DOS published the May 2022 visa bulletin.

4/12/2022    DOS announced that it has continued to process visas associated with the Regional Center Program based on approved Forms I-526. 

4/12/2022    USCIS announced that those who have previously been granted deferred action pursuant to DACA may now file renewal applications on line.

4/11/2022    SEVP requested that student employment data be updated for F-1 students previously on post-completion optional practical training and M-1 students previously on practical training. The deadline for these students to verify their employment data in SEVIS is May 16, 2022. 

4/8/2022    CDC revised its order implementing Presidential Proclamation 10294, Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic, to match its revised guidance on isolation and quarantine after travel. The amended order became effective April 14, 2022. (87 FR 20405, 4/7/22)

4/7/2022    USCIS issued updated policy guidance regarding interview waiver criteria for family-based conditional permanent residents who have filed Form I-751.

4/5/2022    USCIS announced it is extending employment authorization documents for certain Temporary Protected Status Syria beneficiaries through September 24, 2022.

4/3/2022    ICE issued guidance to OPLA attorneys regarding the enforcement of civil immigration laws and the exercise of prosecutorial discretion, effective April 25, 2022.