“Nunc pro tunc” is a Latin expression which means “now for then”. In immigration law, the expression refers to the equitable remedy for noncitizens who are beneficiaries of nonimmigrant petitions (such as L-1, H-1, R-1, O-1 etc.) A similar provision is available for noncitizens to whom the Child Status Protection Act (CSPA) applies and who failed to pursue their permanent residence within one-year of visa availability.
Reports from members have been delivered to AILA regarding the status updates of pending EB-1 and EB-2 adjustment of status applications showing as “retrogressed”.
The United States State Department has released the October 2022 Visa Bulletin. Overall, there is movement in terms of Final Action Dates and Dates for Filing. EB- 2 India retrogresses two years and EB-3 moves slightly forward 3 months.
United States Citizenship and Immigration Services (USCIS) has rescinded its adopted decision of the Matter of Z-R-Z-C- case. This change will allow beneficiaries of Temporary Protected Status (TPS) to travel with a new TPS travel authorization document, instead of requiring TPS applicants to apply for advance parole.
The Office of Citizenship and Immigration Services (CIS) has received many case assistance requests for pending employment-based adjustment of status applications. United States Citizenship and Immigration Services (USCIS) cannot provide individual assistance or updates due to the volume of requests.
The United States government will no longer require international air travelers to show proof of a negative COVID-19 test before boarding their flight to the US. International travelers departing from their point of origin on or after June 12, 2022, at 12:01 AM EDT will no longer have to submit a negative COVID-19 test pre-departure when arriving to the United States from a foreign country.
The United States State Department has released its July 2022 Visa Bulletin, which features little to no movement in final action dates and dates for filing in most categories. United States Citizenship and Immigration Services (USCIS) has not yet announced which chart it will use to accept adjustment of status applications.
Recently a temporary final rule added an additional 35,000 H-2B nonimmigrant visas for the second half of fiscal year (FY) 2022. Of these, 23,500 visas were set aside for returning workers. United States Citizenship and Immigration Services (USCIS) has now received enough applications to fill the supplemental cap for returning workers.
The EB-5 Regional Center Program has been officially extended through September 30, 2027 by Congress’s EB-5 Reform and Integrity Act of 2022. The policy also increases the minimum investment required EB-5 visas, and sets aside part of the annual EB-5 immigrant visa quota for rural areas, high unemployment areas, and infrastructure projects.
The US Department of State (DOS) has released the May 2022 Visa Bulletin. Applicants should refer to the new Final Action and Dates for Filing charts in employment-based categories. Most employment-based Final Action dates have not changed for May 2022, while EB-2 India advances two months to September 1, 2013.
H.R. 7374, or the “Jumpstart our Legal System Act” was introduced in the House by Representative Zoe Lofgren (CA-19). The bill aims to recapture 400,000 employment- and family-based visas and pave an accelerated path for adjustment of status applicants who are currently residing in the United States.