U.S. Immigration Updates- Week of August 15, 2022
September 2022 Visa Bulletin Indicates Increasing Demand for Employment-Based Visas
The Department of State’s (DOS) Visa Bulletin for September notes a steady increase in U.S. Citizenship and Immigration Services and Department of State demand patterns for employment-based visas during the fiscal year. As a result, the Department expects that most employment-based preference category limits and/or the overall employment-based preference limit for FY 2022 to be reached during September. If the annual limit were reached, “it would be necessary to make the preference category ‘unavailable immediately,’ and no further requests for numbers would be honored,” the bulletin states.
For adjustment of status filing dates for September 2022, the Final Action Dates chart in the Visa Bulletin must be used for employment-based preference categories.
The bulletin also notes that the worldwide employment-based preference numerical limit for FY 2022 is 281,507.
SOURCE: ABIL Immigration Insider, August 14, 2022 and https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2022/visa-bulletin-for-september-2022.html
Semi-Annual Regulatory Agendas Published by DHS and DOL
On August 8, 2022, the Departments of Homeland Security (DHS) and Labor (DOL) published their semiannual regulatory agendas, which summarize projected and existing regulations. The agendas give an overview of what the agencies are considering during the upcoming one-year period. Below are selected highlights:
· Among other things, DHS plans to propose adjusting the fees charged by U.S. Citizenship and Immigration Services (USCIS) for immigration and naturalization benefit requests. On August 3, 2020, DHS adjusted the fees, imposed new fees, revised certain fee waiver and exemption policies, and changed certain application requirements via a rule. DHS was preliminarily enjoined by a court order from implementing that rule. This rule would rescind and replace the changes made by the August 3, 2020, rule and establish new USCIS fees.
· Also, DOL’s Employment and Training Administration and Wage and Hour Division, and DHS/USCIS, plan to jointly propose to amend H-2B nonimmigrant visa program regulations. The proposed rule would establish standards and procedures for employees seeking to hire foreign temporary nonagricultural workers for certain itinerant job opportunities, including entertainers and carnivals and utility regulation management.
SOURCE: ABIL Immigration Insider, August 14, 2022 and https://www.govinfo.gov/content/pkg/FR-2022-08-08/pdf/2022-14607.pdf