The regular H-1B cap visa lottery allots 65,000 H-1B visas to foreign skilled workers each year, with an additional 20,000 visas available for master’s degree holders. Employees can only receive an H-1B visa if their registration is selected in the lottery.
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.
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.
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.
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.
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.