The October 2022 Visa Bulletin Shows Retrogression for EB-2 India
The Department of State released the much-awaited October 2022 visa bulletin, the first visa bulletin for the fiscal year 2023. The visa bulletin summarizes the availability of immigrant visas both for consular processing and adjustment of status applications to be filled in October 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) confirmed which chart Applicants must use to file their Adjustment of Status Application (AOS). Below is the breakdown of the movements in the October 2022 visa bulletin. Some retrogression is noted.
DHS Publishes Fair and Humane Public Charge Rule
The Department of Homeland Security announced the publication of the final rule, providing a fair and humane public charge rule. The rule is scheduled to be published in the Federal Register on September 9, 2022, with an effective date of December 23, 2022.
USCIS Updates Guidance Related to Religious Workers
The U.S. Citizenship and Immigration Services (USCIS) announced updated guidance for religious workers. The efforts expand and reorganize existing guidance. Per the Immigration and Nationality Act (INA), qualified individuals who are affiliated with a verified religious organization or affiliate are given the option to apply for a special immigrant visa, the R-1 nonimmigrant visa classification. This visa allows the recipient to temporarily enter the United States as a minister for a specific religious organization.
Lying, Filing False Immigration Documents Results in Prison Sentence
Two individuals falsely claiming to be immigration attorneys and filing false documents for recruited individuals have been assigned a five-year prison sentence. The individuals operated two companies called JLLAS Corp. and EIMAAN LLC offering immigration services. Many of the clients of these companies did not have a legal status to be in the United States and had a limited understanding of the English language. The companies were paid by these individuals, totaling over $325,000. Over 40 individuals who were working to gain work authorization, green cards, and other paths to obtain citizenship were affected.
DACA Rule Shouldn’t Delay Circuit Court Review
The recent update to the Deferred Action for Childhood Arrivals (DACA) program instituted by the Biden Administration should not slow the review of a previous order, currently under appeal. That previous order stopped the enrollment of new applicants to the DACA program. That decision is being appealed and is currently under the Fifth Circuit court. However, the circuit court is considering sending the case back to the lower court. The Biden administration is urging the Fifth Circuit court to review the appeal and deliver a decision.
New Asylum Evidence Must Be Considered By BIA
New asylum evidence must be considered by the Board of Immigration Appeals (BIA) when reconsidering asylum for an individual.
The Critical Importance of Maintaining a Current Address With DHS
Keeping your address updated is critical to remain in good standing for your immigration case.
Diversity Visa FY2023 Document Requirements Updates
The U.S. Department of State announced an update on documents required for Diversity Visa FY2023 recipients. For the Kentucky Consular Center, updated supporting documentation procedures are now in place.
DACA Update: DHS Issues Regulation to Preserve and Fortify DACA
The Department of Homeland Security (DHS) issued a notice regarding the continuation of DACA protections. In summary, a final rule has been issued by the Biden administration to provide ongoing protection from removal and continuing the right to work legally for qualifying individuals. It’s important to note that further action is required to retain protections.
H-1B Cap FY2023 Insights: How to Leverage Current Trends for the Best Results
The H-1B lottery has now ended, as USCIS received sufficient petitions to reach the FY 2023 cap in the first round. For those that are selected, we present recommendations to maximize your options for a positive outcome and present the outcomes of a group of petitions that have been adjudicated including straight approval, RFEs, the basis of the RFEs, our success rate (100% so far), and more. Understanding what those H-1B petitions that have been selected may face in the coming months or year is key to preparing for success.