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.

10/26/2022    The Executive Office for Immigration Review (“EOIR”) announced the appointment of 32 immigration judges to courts in California, Florida, Georgia, Illinois, Maryland, New York, Tennessee, Texas, and Virginia.

10/24/2022    U.S. Citizenship and Immigration Services (“USCIS”) announced it is extending flexibilities of deadlines through January 24, 2023 for individuals to respond to certain USCIS requests and notices.  Under these flexibilities, USCIS considers a response received within 60 calendar days after the due date set forth in the issued request or notice before taking any action, if the request or notice was issued between March 1, 2020, and January 24, 2023.  

10/21/2022    The U.S. Department of Homeland Security (“DHS”) announced that Ethiopia has been designated for Temporary Protective Status (“TPS”) for 18 months. Individuals eligible for TPS under this designation must have continuously resided in the United States since October 20, 2022.  This designation will go into effect on the publication date of the upcoming Federal Register notice. 

10/18/2022    DHS announced a new process that permits up to 24,000 qualifying Venezuelans to be allowed to enter the United States through a new process.  To be eligible, Venezuelans must: have a supporter in the United States who will provide financial and other support; pass rigorous biometric and biographic national security and public safety screening and vetting; and complete vaccinations and other public health requirements. Venezuelans are ineligible if they: have been ordered removed from the United States in the previous five years; have crossed without authorization between ports of entry after the date of announcement; have irregularly entered Mexico or Panama after the date of announcement, or are a permanent resident or dual national of any country other than Venezuela, or currently hold refugee status in any country; or have not completed vaccinations and other public health requirements.

10/13/2022    U.S. Customs and Border Protection (“CBP”) published a final rule amending the regulations to remove the set period of stay of up to 90 days for I-visa holders from the People’s Republic of China and allowing the Secretary of Homeland Security to determine the maximum period of stay, no longer than one year.  

10/12/2022    DHS announced joint actions with Mexico to reduce the number of Venezuelans arriving to the United States at the U.S.-Mexico border. Effective immediately, Venezuelans who enter between ports of entry without authorization will be returned to Mexico. .  

10/12/2022    CBP announced the decision of the DHS Secretary that, beginning October 11, 2022, flights carrying persons present in Uganda within 21 days prior to the person’s entry or attempted entry into the U.S. are directed to arrive only at certain airports that are implementing enhanced public health measures against Ebola. 

10/12/2022    DOL published a final rule amending the H-2A regulations in order to “strengthen protections for workers, modernize and simplify the H-2A application and temporary labor certification process, and ease regulatory burdens on employers.” The rule is effective 11/14/22.

10/11/2022    U.S. Immigration and Customs Enforcement (“ICE”) announced that flexibility for employers’ I-9 compliance will be extended to July 31, 2023.  The original announcement was made in March 2020 and expanded in the months of April 2021, August 2021, December 2021, and April 2022, and was set to expire on October 31, 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. 

10/7/2022    Following an outbreak of Ebola in the Republic of Uganda, the CDC announced enhanced public health screening for flights carrying travelers with nexus to Uganda. Said flights will be funneled through JFK, EWR, IAD, ATL, and ORD.

10/7/2022    USCIS determined that for adjustment of status applications for the month of November 2022, all family-sponsored preference categories and all employment-based preference categories must use the “Dates for Filing” chart in the November 2022 visa bulletin. 

10/5/2022    DOS opened the online registration period for the U.S. diversity visa lottery for fiscal year 2024 on October 5, 2022, and will conclude it on November 8, 2022.  

10/5/2022    In Texas v. United States the Fifth Circuit Court of Appeals largely agreed with a lower court ruling that DHS’s memorandum that established DACA was unlawful and remanded the case for further review.  The Court continued the lower court’s ruling that temporarily permits those who have already been approved for DACA to apply for renewals while the case is pending; however, new applications for DACA are not permitted.  The lower court will also decide whether the Biden administration’s new DACA regulation is lawful, which regulation was promulgated with an intent to establish a stronger legal footing for DACA.  For further information from USCIS, see this link: Additional Information: DACA Decision in State of Texas, et al., v. United States of America, et al., 1:18-CV-00068, (S.D. Texas July 16, 2021) (“Texas II”) | USCIS 

10/3/2022    DOS published the visa bulletin for November 2022.