FOR THE WEEK OF SEPT. 26, 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
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
FOR THE WEEK OF SEPT. 19, 2022
USCIS
- USCIS accepts premium processing for certain pending EB-1 and EB-2 I-140 petitions
- Starts September 15, 2022
- Multinational manager I-140s received by USCIS on or before 1/1/2022
- National interest waiver (NIW) I-140s received by USCIS on or before 2/1/2022
- Adjudication within 45 days of filing premium processing request
FOR THE WEEK OF SEPT. 13, 2022
I-9
- TPS Extended for Venezuela
- EADs automatically extended through Sept. 9, 2023.
USCIS
- USCIS submitted a declaration in a Federal court case about employment-based visa number availabiity
- EB-1, EB-2 and EB-3 unavailable for the rest of September 2022
- Narrower “public charge” rule adopted, effective December 2022
- Less stringent than Trump-era public charge rule
- FY2023 EB AOS FAQs
- Employment-based limit for immigrant visa numbers in 2023 projected to be 200,000, which is 80,000 fewer than 2022
- Employment-based limit for immigrant visa numbers in 2023 projected to be 200,000, which is 80,000 fewer than 2022
FOR THE WEEK OF SEPT. 6, 2022
I-9
- Auto extend for Employment Documents
- EADs: using Nunc pro tunc to obtain an Auto extension
- Proposed regulation about remote document inspection
- COVID-related flexibility regarding remote document inspection ending in October 2022
DOL
- Review of H-2B worksites for compliance
- $7.2 million investment in PERM system
USCIS
- Flexibility regarding RFE deadlines extended for the last time
- DACA final rule announced
- Credit card usage for filing fees
- Form G-1450 per application/petition filed
- $24,999.99 per day limit
- EB-5 payment for I-956F forms with $17,795 filing fee is successful
IER – DOJ activity
- Favoring H-2B visa holders over U.S. citizens (August 24, 2022)
- Businesses placed job postings on college career websites that excluded non-U.S. citizens (June 27, 2022)
Acquisitions/M&A
- Pay attention to union issues
- An NLRB official recommended that the agency’s Arizona office reject Amazon’s objections to the Amazon Labor Union’s landmark April election win at a Staten Island warehouse and certify the result.
Third-party contractors
- FDNS visits to customer sites to verify third-party contractors
- FDNS focus on contractors who hire TN, H-1, H-1B1 and E-3 employees and place them at customer sites.
- Prepare for visits by any government employee who may want to interview direct employees and/or contractors.