The United States State Department has released the September 2022 Visa Bulletin. Overall, there is little to no movement in Final Action Dates and Date for Filing. However, the Final Action Date for China will advance one month, to December 22, 2015, in the Unreserved EB-5 category.
The United States State Department August 2022 Visa Bulletin features limited forward movement for India and China in the EB-2 and EB-3 categories in the Final Action dates chart. The EB-1 visa is current for all countries. United States Citizenship and Immigration Services (USCIS) will accept adjustment of status applications using the Final Action Dates chart.
A lawsuit was filed on May 25, 2022 against United States Citizenship and Immigration Services (USCIS) and National Archives and Records Administration (NARA) for unreasonable delays in processing applications for naturalization. The plaintiffs in this case are current US lawful permanent residents who applied for naturalization to become US citizens in 2020 and who still have not been naturalized.
As a result of a lawsuit, the United States Citizenship and Immigration Services (USCIS) intends to no longer force adjustment of status applicants to leave the United States during their period of inadmissibility. Additionally, USCIS will not reject adjustment of status applications if an applicant was in the United States during the period of inadmissibility without a waiver. The new policy interpretation is still being finalized by the Department of Homeland Security and new USCIS guidance is expected soon.
United States Citizenship and Immigration Services (USCIS) is expanding the premium processing program to include certain Form I-140, Immigrant Petition for Alien Worker applicants under the EB-1 and EB-2 classifications. Currently the expansion only applies to previously filed Form I-140s. USCIS will not accept new Form I-140s with premium processing requests.
If you are applying for a United States immigrant visa or green card with consular processing, the National Visa Center (NVC) plays an important role in your case. After your immigrant visa petition is approved by United States Citizenship and Immigration Services (USCIS), the agency sends it to the NVC for pre-processing.
During the COVID-19 pandemic, United States Immigration and Customs Enforcement (ICE) temporarily allowed certain employers to inspect Form I-9 documentation remotely. The remote verification policy was expected to expire on April 30, 2022. However, ICE extended the flexibility through October 31, 2022.
Under The Private Attorneys General Act (PAGA), employees can file lawsuits against their employers for certain violations of the labor code. If successful, these employees can recover civil penalties for themselves, fellow employees, and the state of California. PAGA allows employees to file class action suits without meeting normal class action requirements.
Starting April 1, 2022 USCIS will not accept combined joint fees for filing Form I-539, Application to Extend/Change Nonimmigrant Status, Form I-765, Application for Employment Authorization, or Form I-824, Application for Action on an Approved Application or Petition together with an H-1B or H-1B1 Petition for a Nonimmigrant Worker.
The United States Congress has passed a temporary spending measure to fund the US government through March 11, 2022. The bill will prevent a government shutdown as fiscal year (FY) 2022 budget negotiations continue. This is the third temporary budget Congress has passed to keep the government open during budget negotiations.
United States Citizenship and Immigration Services (USCIS) will open its initial H-1B cap registration period for fiscal year 2023 on March 1, 2022 at 12 PM Eastern Time (ET) through March 18, 2022 at 12 PM ET. During this period, petitioners and their representatives must submit online registrations for all their H-1B beneficiaries online.