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FOR THE WEEK OF OCT. 3, 2022

DHS

  • TPS for Burma extended 18 months
    • Extended from 11/26/2022 through 5/25/2024
    • Notice will be published in the Federal Register on 9/27/2022

USCIS

  • Green cards extended for 24 months with timely-filed renewals
    • Green cards were previously extended for 12 months with timely-filed renewals
    • Applicants with pending renewals will receive amended receipt notices
    • Green card renewal receipt with expired green card is proof of status for I-9 purposes
  • Waiver of 60-day rule of immigration medical extended through 3/31/2023
    • Rule that green card applicants must file their immigration medical within 60 days of physician’s signature has been waived
    • Waiver was previously set to expire 9/30/2022

IER – DOJ activity

  • Focus on online job postings containing discriminatory preferences
  • Postings discriminated against non-U.S. citizens because they contained citizenship restrictions
  • Previous investigations in June 2022 regarding job postings that showed preference for foreign workers
  • Carefully review job postings and provide training to talent acquisition/recruiters

Global immigration

  • Canada ends all COVID-19 travel restrictions as of 10/1/2022
    • Travelers to Canada no longer need to:
      • provide proof of vaccination
      • test before or on arrival
      • undergo COVID-19 quarantine or isolation
      • monitor/report COVID-19 symptoms upon arrival

FOR THE WEEK OF OCT. 10, 2022

Capitol Hill – Legislation Currently in Play

  • Omnibus Spending Bill
    • We expect an Omnibus bill to be passed in December 2022. The Continuing Resolution passed Sept. 30, 2022, extended the funding for the government through Dec. 16, 2022. There will need to be an Omnibus passed during the post-election lame duck session before the end of the calendar year. Potential additions to the Omnibus:
      • EB-5 technical corrections
      • Immigrant Visa Exemptions for Foreign Students obtain a PhD in the U.S.
      • DACA relief to counter the 5th Circuit and Texas Federal District Court Exemption
      • Afghan Adjustment Act
      • Temporary Protected Status (TPS) Relief
    • National Defense Authorization Act (NDAA)
      • This legislation has been in conference for many months, and we expect a final package by October 28, 2022. The vote is currently projected for November 14, 2022. Senator Durbin is attempting to attach the recapture of immigrant visas for up to 40,000 nurses and physicians. It is unclear whether this amendment will survive, but if it does, it could help reduce some immigrant visa backlogs. 

Capitol Hill – Legislation Being Contemplated

  • Migrant Farmworker Legislation
  • Eliminating the Per Country Immigrant Visa Quota

DACA Updates

  • The 5th Circuit upheld the Federal District Court’s prior ruling that DACA is illegal.  
  • DACA will most probably be before the Supreme Court in this coming term. We believe the Supreme Court will rule that the program is illegal if and when they hear the case. We know legislation is the only solution.
  • Existing DACA recipients may continue to renew their DACA status and their work authorization and Advanced Parole remains valid; first-time DACA applicants remain ineligible.

FOR THE WEEK OF OCT. 17, 2022

Capitol Hill – Word on the street

  • Key Republicans are signaling there will be no immigration reform during the lame duck session without meaningful border reform
  • Meanwhile, Democrats continue to push for immigration form in the Omnibus and NDAA
    • Potential additions to Omnibus: EB-5 technical corrections, Immigrant visa exemptions for foreign students who obtain a PhD in the US; DACA relief; Afghan Adjustment Act; TPS relief
    • Potential additions to National Defense Authorization Act (NDAA): recapture for up to 40,000 immigrant visas for nurses and physicians

DACA Updates

  • Because existing DACA recipients may continue to renew their DACA status, the Hill will likely not act because harm is not eminent.

Refugee news

New Venezuelan program announced

Work permit applications/EADs

  • Adjudication is down to 4-5 months
  • Some Ukraine and Venezuelan applications should only take 3-4 weeks

Form I-9 news

  • DHS extends flexibilities regarding remote I-9 document verification until July 31, 2023
  • USCIS says employers should continue using the existing Form I-9, which expires Oct. 31, 2022, until further notice

 FOR THE WEEK OF OCT. 26, 2022

USCIS RFE Flexibility Extended

  • For RFEs, NOIDs and similar agency requests, USCIS will consider the response timely is it is received within 60 calendar days after the due date
  • Applies to eligible requests issued between March 1, 2020 and Jan. 24, 2023

DOS Report on Visa Appointments

  • State Department says it will reach pre-pandemic processing levels this fiscal year
  • Report urges visa applicants to travel to other embassies or consulates with shorter wait times

Work permit applications/EADs

  • Expedited processing now available for qualified healthcare and childcare workers’ initial EAD applications that have been pending for more than 90 days
  • Qualified healthcare and childcare workers defined

DHS Designates Ethiopia for TPS

  • Available for Ethiopians residing in the U.S. before Oct. 20, 2022
  • Initial designation will last 18 months

PERM: Equal Pay Transparency (EPT) Laws

  • Several states have EPT law that may require employers to include the offered wage in job postings
  • States with EPT laws include California, Rhode Island, Colorado, Connecticut, Maryland, Nevada, New Jersey, Ohio, and New York.

FOR THE WEEK OF OCT. 31, 2022

DOS Encourages Third-Country National Applications

  • In a meeting with the American Immigration Lawyers Association (AILA), DOS leadership said it was encouraging posts to accept TCN applicants for all visa types
  • In a recent report, DOS urges visa applicants to travel to other embassies or consulates with shorter wait times

PERM: Processing 33% Slower in 2022

  • Prevailing wage requests and labor certification applications now taking eight (8) months
  • Slowdown resulting from staffing issues due to COVID and court-mandated emphasis on other filings

UK Visa Processing More Than 50% Slower Than Normal

  • Due to high global demand, UK Visas and Immigration (UKVI) are reporting a seven week average processing time for standard visa processing for out of country visitor visa applications. Normally, the average processing time is three weeks. times currently experiencing high global demand meaning in some cases, it may take longer to process visa applications.
  • The processing times can change weekly; so please keep checking the visa decision waiting times for updates.
Tags: capitol hill, COVID-19, DACA, DHS, DOJ, Greenberg Traurig, USCIS
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Photo of Laura Foote Reiff ‡ Laura Foote Reiff ‡

Laura Foote Reiff has more than 32 years of experience representing businesses and organizations in the business immigration and compliance field. She is also a business immigration advocate and has long chaired prominent business immigration coalitions. Laura is Co-Founder of GT’s Business and

…

Laura Foote Reiff has more than 32 years of experience representing businesses and organizations in the business immigration and compliance field. She is also a business immigration advocate and has long chaired prominent business immigration coalitions. Laura is Co-Founder of GT’s Business and Immigration and Compliance Group which she co-led since 1999. She currently chairs the Northern Virginia/Washington D.C. Immigration and Compliance Practice. Laura is also Co-Managing Shareholder of the Northern Virginia Office of GT, a position she has held since 2010. As a global leader in the business immigration community, Laura has served on the Boards of the American Immigration Lawyers Association, the American Immigration Council, the National Immigration Forum and is currently the Chair of the America is Better Board.

Laura advises corporations on a variety of compliance-related issues, particularly related to Form I-9 eligibility employment verification matters. Laura has been involved in audits and internal investigations and has successfully minimized monetary exposure as well as civil and criminal liabilities on behalf of her clients. She develops immigration compliance strategies and programs for both small and large companies. Laura performs I-9, H-1B and H-2B compliance inspections during routine internal reviews, while performing due diligence (in the context of a merger, acquisition or sale) or while defending a company against a government investigation.

Laura represents many businesses in creating, managing and using “Regional Centers” that can create indirect jobs toward the 10 new U.S. jobs whose creation can give rise to EB-5 permanent residence for investment. She coordinates this work with attorneys practicing in securities law compliance, with economists identifying “targeted employment areas” and projecting indirect job creation, and with licensed securities brokers coordinating offerings. She also represents individual investors in obtaining conditional permanent residence and in removing conditions from permanent residence.

Laura’s practice also consists of managing business immigration matters and providing immigration counsel to address the visa and work authorization needs of U.S. and global personnel including professionals, managers and executives, treaty investors/ traders, essential workers, persons of extraordinary ability, corporate trainees, and students. She is an immigration policy advocacy expert and works on immigration reform policies.

‡ Admitted in the District of Columbia and Maryland. Not admitted in Virginia. Practice limited to federal immigration practice.

Read more about Laura Foote Reiff ‡
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Photo of Rebecca B. Schechter ‡ Rebecca B. Schechter ‡

Rebecca Schechter focuses her practice on business immigration and compliance, representing multi-national corporations midsized companies, and startups, as well as individual clients. She has experience with all areas of employment-based immigration, particularly H-1B, L-1, O-1 and E-2 petitions, as well as outstanding researcher…

Rebecca Schechter focuses her practice on business immigration and compliance, representing multi-national corporations midsized companies, and startups, as well as individual clients. She has experience with all areas of employment-based immigration, particularly H-1B, L-1, O-1 and E-2 petitions, as well as outstanding researcher petitions and labor certification applications. Rebecca regularly assists GT clients with global immigration matters, including business and work visas to countries in Europe, the Middle East, Asia, and Latin America. She also works on state and federal I-9 and E-Verify audits. Rebecca has a thorough understanding of third party contractor issues and experience handling complex naturalization, deportation defense, family and employment-based adjustment applications.

‡ Admitted in Maryland and Connecticut. Not admitted in Virginia. Practice limited to federal immigration practice.
Read more about Rebecca B. Schechter ‡
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