Final Rule Announced for H-2A Visa Program
The U.S. Department of Labor announced the details of the update for the H-2A application and temporary labor certification process. The H-2A visa allows foreign agricultural workers to fill temporary labor needs when enough U.S. workers are not willing, qualified, able, or willing to meet demand, and when bringing them in won’t adversely affect wages or working conditions of those already in the U.S.
November 2022 Visa Bulletin Mirror Image of October 2022 Visa Bulletin
The Department of State released the November 2022 visa bulletin. The visa bulletin summarizes the availability of immigrant visas both for consular processing and adjustment of status applications to be filled in November 2022. The State Department releases both the Final Action Dates and Date of Filing Application for Employment-Based and Family-Based immigrant visas. The U.S. Citizenship and Immigration Services (USCIS) confirms which chart Applicants must use to file their Adjustment of Status Application (AOS). Below, we break down the movement seen in the November 2022 visa bulletin.
Appeals Court Finds DACA Unlawful, Allows Current Enrollees to Renew
A federal appeals court found the Deferred Action for Childhood Arrivals (DACA) unlawful. However, they are allowing current enrollees to renew their status as the matter is sent to a lower court to review a new Biden administration regulation. The panel of three judges from the 5th U.S. Circuit Court of Appeals upheld a lower court’s ruling against the program. However, the introduction of the Biden regulation in August 2022 is sending the case to a lower court for consideration. The Biden regulation is meant to protect the program from legal challenges and will go into effect on October 31, 2022.
Retention Policy of Electronic Devices Seized at Border Under Review
The retention policy of electronic devices seized at the border for individuals entering the U.S. is being considered by the first circuit court following one circumstance of a device being held for over 70 days.
Existence of a Non-Detention Policy Challenged by Florida
The state of Florida is requesting a trial to determine if the Biden administration is suggesting the release of individuals who are subject to detention. The state has asked a federal judge to first confirm that the state has the standing to proceed. The alleged non-detention policy existence, per the state of Florida, is part of the Parole and Alternatives to Detention policy issued by the Biden administration in November of 2021. Florida claims this policy is a subpart of creating a non-detention policy.
Foreign STEM Grads Work Policy Upheld
A policy put in place by the Obama administration has been challenged but upheld. Foreign STEM (Science, Technology, Engineering, and Math) graduates who are on student visas continue to have up to three years of work authorization after graduation. The D.C. circuit court found the foreign STEM grads work policy supports the reason behind the F-1 visa program.
Labor Certification Challenge Based On Lost Email Denied
A company appealed the denial of a sponsorship application, stating an audit notification was lost as it was placed in a spam folder. Upon appeal, the U.S. Department of Labor affirmed the labor certification denial. The company filed to sponsor a foreign worker for permanent employment. However, by not responding to the audit request, they were denied.
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.