State Department July 2022 Visa Bulletin Summary

The Department of State has released the July Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. USCIS has confirmed that, in July 2022, it will accept adjustment of status applications for family- and employment-based petitions based on Dates for Filing and Final Action Dates respectively. 

With respect to Final Action Dates, EB-1 China and EB-1 India will both remain current. With the exception of India and China, all other EB-2 countries of chargeability will remain current. EB-2 China will move forward one month to April 1, 2019, and EB-2 India will move forward three months to December 1, 2014. All EB-3 categories except India and China will remain current. EB-3 China will remain unchanged at March 22, 2018, and EB-3 India will remain unchanged at January 15, 2012. 

The Department of State has resumed processing visa applications based on approved EB-5 Preference Regional Center petitions that were filed with USCIS on or before June 30, 2021. The EB-5 Reform and Integrity Act of 2022 is now in effect and has created two pools of visa numbers within the EB-5 category. One pool of numbers is ‘reserved’ for certain set-aside categories while the remaining available numbers remain ‘unreserved’. For final action dates, all EB-5 categories remain current except for  EB-5 Unreserved (I5 and R5) China, which has a Final Action Date of  November 15, 2022. 

With respect to Application Filing Dates, all applicable EB categories will remain unchanged except for: EB-2 China and India. EB-2 China will move forward one month to May 1, 2019, and EB-2 India will move forward one month to January 1, 2015.

Department of State June 2022 Visa Bulletin Summary

The Department of State has released the June Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. USCIS has  confirmed that, in June 2022, it will accept adjustment of status applications for family- and employment-based petitions based on Dates for Filing and Final Action Dates respectively. 

With respect to Final Action Dates, EB-1 China and EB-1 India will both remain current. With the exception of India and China, all other EB-2 countries of chargeability will remain current. EB-2 China will remain unchanged at March 1, 2019, and EB-2 India will move forward one year to September 1, 2014. All EB-3 categories except India and China will remain current. EB-3 China will remain unchanged at March 22, 2018, and EB-3 India will remain unchanged at January 15, 2012. 

The Department of State has resumed processing visa applications based on approved EB-5 Preference Regional Center petitions that were filed with USCIS on or before June 30, 2021. The EB-5 Reform and Integrity Act of 2022 is now in effect and has created two pools of visa numbers within the EB-5 category. One pool of numbers is ‘reserved’ for certain set-aside categories while the remaining available numbers remain ‘unreserved’. For final action dates, all EB-5 categories remain current except for  EB-5 Unreserved (I5 and R5) China, which has a Final Action Date of  November 22, 2022. 

With respect to Application Filing Dates, all EB categories will remain unchanged.

USCIS Issues a Temporary Automatic Employment Authorization Document (EAD) Extension

Effective May 4, 2022, USCIS issued a temporary final rule that will increase the automatic extension period for certain Employment Authorization Document (EAD) extensions from 180 days past the expiration of the current EAD card to up to 540 days past the current card’s expiration. This temporary measure is being put in place to address unprecedented delays on processing EAD renewals to help avoid gaps in employment authorization for individuals waiting for a renewal of their EAD work permit.

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Department of State May 2022 Visa Bulletin Summary

The Department of State has released the May 2022 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. USCIS has yet to confirm whether, in March 2022, it will accept adjustment of status applications for family- and employment-based petitions based on Dates for Filing or Final Action Dates.

With respect to Final Action Dates, EB-1 China and EB-1 India will both remain current. With the exception of India and China, all other EB-2 countries of chargeability will remain current. EB-2 China will remain unchanged at March 1, 2019, and EB-2 India will move forward less than two months to September 1, 2013. All EB-3 categories except India and China will remain current. EB-3 China will remain unchanged at March 22, 2018, and EB-3 India will remain unchanged at January 15, 2012. 

The Department of State has resumed processing visa applications based on approved EB-5 Preference Regional Center petitions that were filed with USCIS on or before June 30, 2021. The EB-5 Reform and Integrity Act of 2022 is now in effect and has created two pools of visa numbers within the EB-5 category. One pool of numbers is ‘reserved’ for certain set-aside categories while the remaining available numbers remain ‘unreserved’. For final action dates, all EB-5 categories remain current except for  EB-5 Unreserved (Regional Center) China, which has a Final Action Date of November 2015, 2022. 

With respect to Application Filing Dates, all EB-5 categories will remain current and unchanged with the exception of EB-5 Unreserved (Regional Center) China, which is December 15, 2015.


USCIS Announces FY2023 H-1B Initial Electronic Registration Selection Process Is Completed

Today the United States Citizenship and Immigration Service (USCIS) announced that the agency has completed the H-1B electronic registration selection process (also known as the “H-1B Lottery”) and that employers and their legal representatives can login to their my.USCIS.gov accounts to confirm their selected cases.

Employers can begin submitting H-1B cap petitions for selected cases starting on April 1, 2022, and the filing window will close on June 30, 2022. USCIS has stated that, due to increased filing volumes typically seen during H-1B cap filing periods, even where a petition is timely and properly filed, there may be delays in their issuance of Form I-797 receipt notices.

For individuals who were not selected, USCIS will keep their registrations available and open until the end of the fiscal year as, in the event that additional visa numbers become available (due to denials, withdrawals, or failure to file after selection), USCIS may go back in and randomly select additional cases for processing as they have done in years past. Should they do this, they will make an announcement later this year, noting that multiple additional lotteries are possible.

USCIS Provide Updates on Evidence of Employment Authorization for E and L Spouses

Following the November 12, 2021, announcement that USCIS would now be granting employment authorization to E and L dependent spouses incident to status, USCIS has updated its Policy Manual to provide clarity on what documentation eligible spouses may present to evidence their employment authorization for purposes of completing a Form I-9 Employment Eligibility Verification.

As of January 30, 2022, any E or L dependent spouse who has an unexpired Form I-94 with a Class of Admission (COA) code stating E-1S, E-2S, E-3S or L-2S can present that I-94 as an acceptable List C document to evidence employment authorization for I-9 purposes.

In addition, starting on or about April 1, 2022, E and L spouses age 21 and older with an unexpired Form I-94 issued before January 30, 2022, will be mailed a notice along with a new unexpired I-94 reflecting the new employment authorized COA code. E and L spouses under the age of 21 and those who have not received a notice by April 30, 2022, can email E-L-married-U21@uscis.dhs.gov to request a notice.

Department of State April 2022 Visa Bulletin Summary

The Department of State has released the April Visa Bulletin. D&S provides a Monthly Summary of the family- and employment-based priority dates. USCIS has yet to confirm whether, in March 2022, it will accept adjustment of status applications for family- and employment-based petitions based on Dates for Filing or Final Action Dates.. 

With respect to Final Action Dates, EB-1 China and EB-1 India will both remain current. With the exception of India and China, all other EB-2 countries of chargeability will remain current. EB-2 China will remain unchanged at March 1, 2019, and EB-2 India will move forward over two months to July 8, 2013. All EB-3 categories except India and China will remain current. EB-3 China will remain unchanged at March 22, 2018, and EB-3 India will remain unchanged at January 15, 2012. 

The EB-5 Regional Center program has been reauthorized by Congress and certain Regional Center Program aspects of this legislation go into effect 60 days after the date of the reauthorization.  As a result, this category will not be available for April 2022. Final action dates for the EB-5 Non-Regional Center program will remain  current for all countries of chargeability. 

With respect to Application Filing Dates, all categories will remain unchanged from March 2022 with the exception of EB-2 India, which advances on year to September 1, 2014.


DHS Designates Afghanistan for Temporary Protected Status

The Department of Homeland Security (DHS) has announced the designation of Afghanistan for Temporary Protected Status (TPS) for 18 months.

Individuals eligible for TPS under this designation must have continuously resided in the United States since March 15, 2022 and must meet all eligibility requirements and undergo security and background checks.

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DHS Proposes New Public Charge Rule

This week the Department of Homeland Security (DHS) posted an advance copy of a new proposed rule that will be published in the Federal Register in the coming days. The proposed rule is being described as a “Fair and Humane” Public Charge Rule in contrast to the 2019 Rule proposed by the Trump Administration which greatly expanded the types of public benefits that could render someone likely to become a public charge and, thus, inadmissible to the United States. Secretary of Homeland Security Alejandro N. Mayorkas described the Trump era public charge rule as “not consistent with our nation’s values” and stated that the new proposed rule would “return to the historical understanding of the term ‘public charge’ and individuals will not be penalized for choosing to access the health benefits and other supplemental government services available to them.”

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State Department March 2022 Visa Bulletin Summary

The Department of State has released the March Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. USCIS has confirmed that in March 2022, it will accept adjustment of status applications for family- and employment-based petitions based on Dates for Filing. 

With respect to Final Action Dates, EB-1 China and EB-1 India will both remain current. With the exception of India and China, all other EB-2 countries of chargeability will remain current. EB-2 China will remain unchanged at March 1, 2019, and EB-2 India will move forward over four months to May 13, 2013. All EB-3 categories except India and China will remain current. EB-3 China will remain unchanged  at March 22, 2018, and EB-3 India will remain unchanged at January 15, 2012. 

The EB-5 Regional Center program has not been reauthorized by Congress.  As a result, this category will not be available for March 2022. Final action dates for the EB-5 Non-Regional Center program will remain  current for all countries of chargeability. 

With respect to Application Filing Dates, all categories will remain unchanged from December 2021.


State Department February 2022 Visa Bulletin Summary

The Department of State has released the February Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. USCIS has confirmed that in February 2022, it will accept adjustment of status applications for family- and employment-based petitions based on Dates for Filing. 

With respect to Final Action Dates, EB-1 China and EB-1 India will both remain current. With the exception of India and China, all other EB-2 countries of chargeability will remain current. EB-2 China will move forward more than five weeks to March 1, 2019 and EB-2 India will move forward nearly six months to January 1, 2013. All EB-3 categories except India and China will remain current. EB-3 China will remain at March 22, 2018 and EB-3 India will remain at January 15, 2012. 

The EB-5 Regional Center program has not been reauthorized by Congress.  As a result, this category will not be available for November 2021. Final action dates for the EB-5 Non-Regional Center program will remain  current for all countries of chargeability. 

With respect to Application Filing Dates, all categories will remain unchanged from December except EB-2 India, which advances nearly 2 months to September 1, 2013.


State Department January 2022 Visa Bulletin Summary

The Department of State has released the January Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. USCIS has confirmed that  in January 2022, it will accept adjustment of status applications for family- and employment-based petitions based on Dates for Filing. 

With respect to Final Action Dates, EB-1 China and EB-1 India will both remain current. With the exception of India and China, all other EB-2 countries of chargeability will remain current. EB-2 China will move forward three weeks to January 22, 2019 and EB-2 India will move forward just over three months to July 8, 2012. All EB-3 categories except India and China will remain current. EB-3 China will remain at March 22, 2018 and EB-3 India will remain at January 15, 2012. 

The EB-5 Regional Center program has not been reauthorized by Congress.  As a result, this category will not be available for November 2021. Final action dates for the EB-5 Non-Regional Center program will become  current for all countries of chargeability. 

With respect to Application Filing Dates, all categories will remain unchanged from December except EB-5 China non-regional center, which will become current.


Biden Administration Announces New COVID-19 Travel Ban for Several African Countries In Response to Omicron Variant

President Biden issued a Proclamation that took effect at 12:01 am EST on November 29th, 2021 banning the entry of foreign nationals who have been physically present in Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, and Zimbabwe within 14 days of travel to the United States, unless they qualify for an exception or exemption.

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State Department December 2021 Visa Bulletin Summary

The Department of State has released the December 2021 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. USCIS has not yet confirmed whether, in December 2021, it will accept adjustment of status applications for employment-based petitions based on Final Action Dates or Dates for Filing. 

With respect to Final Action Dates, EB-1 China and EB-1 India will both remain current. With the exception of India and China, all other EB-2 countries of chargeability will remain current. EB-2 China will move forward six weeks to January 1, 2019 and EB-2 India will move forward five months to May 1, 2012. All EB-3 categories except India and China will remain current. EB-3 China will remain at March 22, 2018 and EB-3 India will remain at January 15, 2012. 

The EB-5 Regional Center program has not been reauthorized by Congress.  As a result, this category will not be available for December 2021. Final action dates for the EB-5 Non-Regional Center program will become  current for all countries of chargeability. 

With respect to Application Filing Dates, all categories will remain unchanged from September except EB-2 and EB-3 for both China and India. EB-2 China will move forward two months to April 1, 2019.   EB-2 India advances seven months to July 8, 2013. EB-3 China remains at April 1, 2018, and EB-3 India remains at January 22, 2012.


Settlement in Federal Lawsuit Results in Significant Changes to H-4, L and E Work Permits

Today it was announced that Lawyers from the American Immigration Lawyers Association (AILA) reached a settlement with the Department of Homeland Security (DHS) in Shergill, et al. v. Mayorkas, which provides meaningful relief to H-4 and L-2 nonimmigrants facing historic processing delays for dependent spousal work permits (also known as Employment Authorization Documents or EAD cards). We outline these new changes below.

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Overview of Biden Administration's New Vaccine Requirements

On October 25, 2021, the White House issued a new Presidential Proclamation announcing that the country-specific travel bans which have been in place since the Spring of 2020 would be rescinded effective November 8th, 2021. The bans will instead be replaced by new vaccine and testing requirements for international travelers coming to the United States. The Center for Disease Control (CDC) and Department of State subsequently released updated guidance and FAQs outlining the specifics of the new travel requirements, the details of which are summarized below.

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