On May 26, 2023, the U.S. Department of State announced the delay of the implementation of the final rule raising nonimmigrant visa application processing fees and the fee for a Border Crossing Card for Mexican citizens age fifteen and older. The effective date has been delayed from May 30, 2023, to June 17, 2023.
The U.S. Department of State’s Bureau of Consular Affairs has released the June 2023 Visa Bulletin and U.S. Citizenship and Immigration Services (USCIS) has confirmed that it will accept employment-based I-485 adjustment of status applications per the bulletin’s Final Action Dates chart.
Employers may find it useful to have an understanding of the H-1B, L-1A, and L-1B maximum periods of stay. As a reminder, H-1B status is granted for certain specialty occupations and fashion models, L-1A status is granted for intracompany transfers of executives and managers, and L-1B status is granted for intracompany transfers of employees with specialized knowledge. Understanding the relevant periods of stay helps employers to timely initiate an employment-based green card process on behalf of an employee. It also allows employers to proactively plan their immigration policies to ensure business continuity and to reduce costs.
On May 10, 2023, Governor Ron DeSantis signed into law Senate Bill (SB) 1718, immigration-related legislation that will require employers to use the E-Verify system and will impose criminal penalties on individuals transporting undocumented immigrants into Florida.
U.S. Immigration and Customs Enforcement (ICE) has announced that the temporary COVID-19 accommodations for Form I-9, Employment Eligibility Verification, will expire on July 31, 2023.
The U.S. Department of Labor’s Office of Foreign Labor Certification has postponed the date for submission of permanent labor certification (PERM) applications and CW-1 applications for temporary employment certification in the Foreign Labor Application Gateway system from May 16, 2023, to June 1, 2023.
The U.S. Department of Labor’s Office of Foreign Labor Certification recently issued guidance regarding the trend of permanent labor certification application denials based on how employers completed section H.10-B, “Acceptable Alternate Occupation Job Title,” of Form ETA-9089, Application for Permanent Employment Certification.
The Florida legislature recently passed Senate Bill (SB) 1718 , which, if signed into law, would require both private employers with twenty-five or more employees and public employers in Florida to use the E-Verify system to verify the employment eligibility of new employees starting July 1, 2023.
Senate Bill (SB) 1718 has been approved by both chambers of the Florida Legislature, but section 787.07, which had included criminal penalties for transporting undocumented immigrants, has been modified.
On May 1, 2023, the White House and U.S. Department of Homeland Security announced that beginning May 12, 2023, foreign nationals entering the United States via airports, land ports of entry, and ferry terminals will no longer be required to provide evidence of vaccination against COVID-19.
The U.S. Department of Labor’s Office of Foreign Labor Certification has announced plans to revise the permanent labor certification (PERM) process in an effort to streamline the program, improve the employer experience, and speed up the processing of labor certification applications.
Since the implementation of the H-1B cap registration process in 2020, there has been an exceedingly high demand for H-1Bs, resulting in registrations that far outnumber the H-1B supply made available by the U.S. Congress. Due to the increasingly difficult odds of selection for an H-1B in the lottery, those who are not selected may need to explore other options to maintain work authorization in the United States.
On March 27, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that the agency had received enough electronic registrations to reach the fiscal year (FY) 2024 annual limit. The current year saw 780,884 registrations, up 61 percent from 483,927 last year, which was a 57 percent jump from the previous year.
The U.S. Department of State’s Bureau of Consular Affairs’ May 2023 Visa Bulletin shows a trend of backlogs and slowdowns in the employment-based immigrant visa or green card process.
A recent ruling in the U.S. District Court for the District of Columbia provides added protection and work authorization safeguards for H-4 spouses of H-1B visa holders facing potential lawsuits and administrative challenges.
On April 19, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that the temporary suspension of the biometrics requirement for certain individuals filing Form I-539, Application to Extend/Change Nonimmigrant Status, would be extended through September 30, 2023.
The U.S. Department of Labor (DOL) and U.S. Department of Health and Human Services (HHS) recently announced new efforts to combat exploitative child labor. The joint effort between the DOL and HHS follows the DOL’s announcement on February 13, 2023, that Occupational Safety and Health Administration compliance officers would be authorized to certify U nonimmigrant status and T nonimmigrant status visas.
On March 31, 2023, U.S. Citizenship and Immigration Services announced that it had removed the requirement that a civil surgeon’s signature on Form I-693, Report of Immigration Medical Examination and Vaccination Record, be dated no more than sixty days before the date USCIS accepts it.
The UK Home Office’s Spring 2023 “Statement of Changes in Immigration Rules,” published on March 9, 2023, includes updates on salary thresholds for several immigration routes and the UK’s new Electronic Travel Authorisation scheme.
On March 28, 2023, the U.S. Department of State published final adjustments to the Schedule of Fees for Consular Services for several nonimmigrant visa application processing fees and the fee for border crossing cards for Mexican citizens (ages fifteen and older).
U.S. Citizenship and Immigration Services recently announced that as of March 30, 2023, the supplemental H-2B cap for returning workers had been reached for the early second half of fiscal year 2023.
The Florida Legislature recently introduced legislation (Senate Bill (SB) 1718) that would ramp up the penalties imposed on counties and municipalities that “knowingly employ, hire, recruit, or refer, either for herself or himself or on behalf of another, for private or public employment within the state, an alien who is not duly authorized to work.” If enacted, the bill would increase what are already considerable penalties for public employers.
U.S. Citizenship and Immigration Services (USCIS) recently published an update to its web page outlining Options for Nonimmigrant Workers Following Termination of Employment.
On March 27, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that it completed the initial H-1B electronic registration selection process for fiscal year (FY) 2024.
The U.S. Department of State’s Bureau of Consular Affairs has released the Visa Bulletin for April 2023. The new Visa Bulletin reflects an ongoing trend of backlogs and slowdowns in the visa process, in stark contrast to the progress reflected in the Visa Bulletin in fiscal years 2021 and 2022.
On March 23, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that COVID-19–related deadline extensions for responses to agency notices or requests, such as Requests for Evidence and Notices of Intent to Deny, have now ended. Requests or notices from USCIS dated after March 23, 2023, must once again be timely filed by the deadlines listed on them by USCIS.
On March 15, 2023, U.S. Citizenship and Immigration Services issued policy guidance clarifying how the agency analyzes an employer’s ability to pay the proffered wage to support immigrant petitions in the employment-based first, second, and third preference categories.
U.S. Citizenship and Immigration Services recently updated its policy manual, effective as of February 14, 2023, to include new provisions regarding how to calculate a “CSPA age” for dependent children approaching the age of 21.
A bill working its way through the Florida Legislature would criminalize the “knowing[] and willful[]” transportation of undocumented immigrants “into or within” the state. If enacted, Senate Bill 1718 could impact Florida’s hospitality and agricultural sectors.
On March 17, 2023, U.S. Citizenship and Immigration Services notified the public that it would extend the H-1B cap registration window until Monday, March 20, 2023, at 5:00 p.m. Eastern Time.
