LS Legal Update Might 2022 Immigration Authorized Replace

Might 2022 Immigration Authorized Replace

H-1B 2022 Cap Lottery Registration Replace

It was a record-breaking yr for brand new H-1B visa cap submissions. USCIS has disclosed that greater than 483,000 registrations had been submitted within the March 2022 lottery for one of many 85,000 new H-1B visas for Fiscal 12 months 2023 (beginning October 1, 2022). This seems to be the most important variety of submissions for brand new H-1B visas in historical past. By comparability, US employers submitted 308,000 registrations in March 2021.

USCIS additionally chosen a document variety of registrations for additional motion (127,600) within the March 2022 lottery. By comparability, in March 2021 USCIS chosen solely 87,500 registrations. It added one other 43,000 choices in subsequent lottery rounds. The rise in preliminary choices for FY2023 suggests USCIS is making an attempt to keep away from the necessity for subsequent lottery rounds, as it’s extremely more likely to fill the 85,000 quota for brand new H-1Bs from the 127,600 submissions already chosen.

Those that missed out on the FY2023 H-1B lottery shouldn’t delay planning for options. People with F-1 OPT or STEM OPT work authorization legitimate till April 1, 2023 or later could profit from registering once more for the March 2023 H-1B lottery. Different frequent visa choices in lieu of the H-1B embody the J-1 trainee or inner visa for certified people, the O-1 visa for people with extraordinary capability, and TN visa standing for Canadian and Mexican nationals in related occupations. Present F-1 college students may take into account re-enrolling in class to pursue a complicated diploma.

USCIS Will increase Computerized Extension Interval of Sure Work Permits

As the results of COVID and different components proceed to impression USCIS operations and processing instances, the company has introduced a brief closing rule that will increase the automated extension interval for Employment Authorization Paperwork (EAD) for sure renewal candidates to as much as 540 days (roughly 18 months). Efficient Might 4, 2022, this alteration is meant to “assist keep away from gaps in employment for noncitizens with pending EAD renewal functions and stabilize the continuity of operations for US employers.”

This non permanent closing rule will profit people who had been beforehand eligible for an automated EAD extension of 180 days, together with however not restricted to Short-term Protected Standing (TPS) holders, E-2 spouses, L-2 spouses, and sure H-4 spouses. Specifically, the non permanent improve is offered to eligible renewal candidates with pending functions if a Type I-765 renewal utility was filed:

  • Earlier than Might 4, 2022, and the 180-day automated extension has since expired; or
  • Earlier than Might 4, 2022, and the 180-day automated extension has not but expired; or
  • Between Might 4, 2022, and Oct. 26, 2023, inclusive of those dates.

Such candidates will now obtain a further yr of labor authorization whereas ready for the approval of a pending EAD renewal. EAD renewal functions filed after October 26, 2023 are anticipated to learn from the earlier 180-day extension.

Extension of Type I-9 Flexibilities resulting from COVID-19

The US Division of Homeland Safety (DHS) and US Immigration and Customs Enforcement (ICE) introduced an extension of the flexibleness in complying with Type I-9 necessities resulting from COVID-19. The non permanent steerage was set to run out on April 30, 2022, however due to ongoing precautions associated to COVID-19, DHS has prolonged the Type I-9 flexibilities till October 31, 2022. Extra data concerning DHS’s Type I-9 flexibilities will be present in our January 2022 Immigration Replace.

Employers are inspired to arrange for in-person verification in the event that they relied upon or are relying upon a COVID-19 Type I-9 versatile coverage. When workers undertake non-remote employment on an everyday, constant, or predictable foundation, or the COVID-19 Type I-9 flexibility coverage ends (whichever is earlier), employers should then full in-person verification. Employers have the discretion to start out the in-person verification course of earlier, nevertheless it should be accomplished in a constant and non-discriminatory method throughout the workforce.

When finishing in-person verification following distant verification, employers ought to enter “COVID-19” and “paperwork bodily examined” with the date of inspection to the Part 2 Extra Info discipline on the Type I-9. DHS acknowledges that there could also be situations the place employers are unable to finish in-person verification following distant verification for workers employed for the reason that begin of the COVID-19 Type I-9 flexibility coverage on March 20, 2020. In such circumstances, DHS advises employers to memorialize the explanations for this incapacity in a memorandum retained with every affected worker’s Type I-9. DHS will consider the explanations on a case-by-case foundation, within the occasion of a Type I-9 audit.

Extension of eligibility date for TPS Ukraine

Earlier this yr, the Division of Homeland Safety (DHS) introduced that Ukraine was designated for TPS for 18 months. To qualify for TPS, a Ukrainian nationwide should meet sure standards, together with bodily presence in the USA for the reason that efficient date of the TPS designation and steady residence within the US since a selected date.

The unique TPS announcement indicated that Ukrainian nationals who’ve repeatedly resided within the US since March 1, 2022, could apply for TPS. Just lately, DHS prolonged the arrival cutoff date to April 11, 2022. Consequently, Ukrainians who traveled to the US between March 1 and April 11 at the moment are in a position to apply for TPS.

EAD/AP Combo Playing cards

USCIS lately introduced that it could start issuing EAD and Advance Parole (AP) playing cards individually for sure changes of standing candidates. Till this announcement, the USCIS issued a combo card for an adjustment of standing applicant that’s at present filed Type I-765 (Software for Employment Authorization) and Type I-131 (Software for Journey Doc). This new coverage is meant to scale back EAD processing instances which might be at present backlogged and inflicting work authorization gaps for a lot of international nationals.

A international nationwide with an EAD card that doesn’t additionally function advance parole will solely have the ability to use their card for work authorization functions, to not journey overseas. A individually issued AP doc would cowl worldwide journey.

DHS extends COVID-19 vaccination necessities on the Canada and Mexico borders

DHS introduced that it’s going to prolong its non permanent necessities and proceed to require non-US vacationers getting into the USA by way of land ports of entry and ferry terminals on the US-Mexico and US-Canada borders to be totally vaccinated towards COVID-19 and supply associated proof of vaccination upon request. These necessities apply to non-US vacationers who’re touring for each important and non-essential causes, however don’t apply to US residents, lawful everlasting residents, or US nationals.

Non-US vacationers getting into by way of land ports of entry and ferry terminals should proceed to:

  • Verbally attest to their COVID-19 vaccination standing;
  • Present, upon request, proof of a CDC-approved COVID-19 vaccination, as outlined on the CDC web site;
  • Current a sound Western Hemisphere Journey Initiative (WHTI)-compliant doc, comparable to a sound passport, Trusted Traveler Program card, or Enhanced Tribal Card; and
  • Be ready to current some other related paperwork requested by a US Customs and Border Safety (CBP) officer throughout a border inspection.

COVID-19 testing shouldn’t be required to enter the USA by way of a land port of entry or ferry terminal.