Embassies in India Will Open 100,000 Visa Appointments in November 2022
In the coming weeks, U.S. embassies in India will make 100,000 visa appointments available for H and L worker visas for drop box cases. This is available for first-time applicants. This is the first time visa slots have opened for new applicants in two years, prior to the global pandemic. However, as demand is very high, high wait times are expected.
Judge Denies 2022 Diversity Visa Winners Unlawful Delay Claim
A federal judge found a group of 2022 diversity visa winners who sued the State Department over unlawful delays in scheduling their interviews will not be able to prove their claim. The group of 12 individuals who won a 2022 Diversity Visa in the annual lottery will not be required to complete the interview process, per the judge. The group filed a claim that other lottery winners were able to jump ahead of them in the processing timeline, even though the group had progressed further in the process of applying for their diversity visa.
USCIS Announces Extension of Temporary Waiver of 60-Day Rule for Civil Surgeon Signatures on Some Forms
U.S. Citizenship and Immigration Services announced the extension of a temporary waiver for civil surgeon signatures for qualifying forms. The current waiver ends on September 30, 2022. The new date is March 31, 2023. Read below for the full announcement.
Removal Challenge Allowed In Spite of Missing the Filing Window
An individual trying to reopen their removal matter due to an invalid conviction was originally denied due to missing the filing window. The person did not file the challenge within the 90-day filing period after the removal of the conviction. Waiting beyond the end of the required period originally ended the person’s ability to challenge their removal. However, working with an experienced attorney, an alternate method was found.
USCIS Extends Green Card Validity Extension to 24 Months for Green Card Renewals
Effective Sept. 26, U.S. Citizenship and Immigration Services (USCIS) is automatically extending the validity of Permanent Resident Cards (also known as Green Cards) to 24 months for lawful permanent residents who file Form I-90, Application to Replace Permanent Resident Card.
H-1B FY2023 Insights: Important Considerations as October 1 Approaches
As we draw closer to October 1, the start date for H-1B FY 2023 cap petitions, there are several important considerations to bear in mind. First, if your petition is still pending and has not been adjudicated to a final decision, you may want to consider expediting the process. While it remains pending, it is important you are aware of work authorization and travel considerations that could affect your status. Next, if you requested a change of status and it was approved, that change of status will be automatic as of October 1, which means you must prepare accordingly. Finally, if there have been any changes to the terms and conditions of the H-1B when it was initially filed, you must make sure to notify USCIS by October 1, when those terms and conditions take effect. This entails filing an amendment, which must be filed and received by USCIS before you can work pursuant to those changes.
Audit Finds Incomplete Processing of Migrants by CBP
The Department of Homeland Security (DHS) Office of the Inspector General (OIG) found that U.S. Customs and Border Protection (CBP) failed to issue A-numbers, or alien registration numbers to some migrants. A-numbers are used to track the immigration process for each individual. The OIG audit found that 107 of the 384 observed individuals were not provided with their A-number. The OIG further reported that the Border Patrol agents stated they focused on expediting processing to reduce overcapacity and as a result, failed to issue the number.
Asylum Final Rule Published by DHS
The Department of Homeland Security (DHS) issued an asylum final rule which became effective on February 7, 2022. The updated rule reflects the outcome of a legal effort between Asylumworks et al. v Mayorkas et al. In that legal case, the following rules, issued in June 2020, have been vacated and are no longer in effect: the timeline appeal rule and the broader asylum employment authorization document rule.
USCIS Announces Next Phase of Premium Processing For Some EB-1, EB-2
U.S. Citizenship and Immigration Services (USCIS) announced the next phase of premium processing EB-1, EB-2, becoming available for some qualifying petitioners. Individuals must have a previously filed I-140, Adjustment of Status under E13, E21, or National Interest Waiver.
‘Historic’ Number of Immigration Cases Closed In FY2022
A record number of immigration cases have been closed in the first 11 months of the current U.S. government fiscal year. The 375,000 cases processed used the Biden administration court policies to achieve this result, per the Syracuse University Transactional Records Access Clearinghouse (Trac) site.
The increase in the number of immigration judges and the resumption of previously used case management tools are noted as resources. Per TRAC, the Biden administration updated policies to give greater authority to immigration courts, basically supporting a faster processing period for these cases to address the backlog of 1.9 million cases and work toward reducing it.
The number of cases overall has risen since the Bush administration. Subsequent administrations saw a continued increase in cases and the backlog continued to grow. While the full impact of Biden’s policies has yet to be seen, TRAC states an estimated 50% increase in the number of immigration cases closed in FY2022, to date, compared to FY2019, the previous case closure record year. If the current rate of case closure continues, it’s estimated that over 400,000 cases will be closed by the end of FY2022, or September 30, 2022.
Currently, there are 559 immigration judges. In FY2019, there were 442 judges. The sheer number of judges and their ability to end cases based on their expertise, combined, drive the recent success rate. Some 50,000 cases were tossed due to issues with the U.S. government failing to file a notice to appear to begin the removal process for some immigrants.
However, the growth of cases in immigration courts exceeds what the judges can hear, even at a faster rate. Even though a record number of cases are estimated to be closed by the end of the current fiscal year, the backlog remains.
If you have questions about your immigration-related issue, contact us at ILBSG. We work with our clients in their specific situations to ensure they get the right advice.