Border Appearance Appointment Scheduling Live on DHS’ CBP One App

The Department of Homeland Security announced the scheduling feature is now available on the Customs and Border Protection, CBP One mobile application. This is one element of the overall border enforcement updates the Biden Administration announced to limit illegal immigration, increase security, and provide pathways to legal immigration.

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USCIS Announces Next Phase of Premium Processing Expansion

The next phase of premium processing expansion has begun. This is the final expansion for Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 visa categories.

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Ukrainians Seek Reimbursement of Employment Authorization Fees

A refund of approximately $80 million in work permit application fees is being requested by a group of Ukrainian nationals. The group asks the U.S. Court of Federal Claims to order U.S. Citizenship and Immigration Services (USCIS) to provide the refunds.

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Investor Green Card Delay Lawsuit Moves Forward

U.S. Citizenship and Immigration Services (USCIS) must face a Canadian EB-5 investor lawsuit claiming an excessive delay in the processing of their green card, per a federal court.

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Republican House to Vote On Immigration Bills

The immigration bills being considered focus on giving the Department of Homeland Security the option to block entry for some migrants at their discretion as deemed appropriate to maintain ‘operational control’.

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DHS Announces New Border Enforcement and Safety Processes

DHS announced new policies to address the potential effects of the ending of Title 42, including country-specific processes, updates to the point of entry, increased use of expedited removal, and a notice of proposed rulemaking.

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Parole Expansion Announced for Nicaraguan, Cuban, and Haitian Nationals

President Biden announced an expansion of parole from Venezuelans to Nicaraguan, Cuban, and Haitian Nationals. Parole is a discretionary mechanism whereby USCIS, CBP, and ICE may allow non-citizens to enter and stay in the United States temporarily. It is not official status.

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International Legal and Business Services Group Announces Expansion

International Legal and Business Services Group (ILBSG) is expanding to two more states to better serve clients in different time zones across the United States. New offices have been established in California and South Carolina.

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Supplemental Complaint Filed Against DACA

A total of nine states have filed a supplemental complaint challenging Deferred Action for Childhood Arrivals (DACA). They urge the Texas federal judge to rule against the Biden Administration’s final rule from August 2022 on the basis that the program is not lawful. The group claims the same flaws exist in the Biden version as the Obama administration program. This DACA complaint is the latest in a long history of legal challenges.

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USCIS Proposes Fee Updates

U.S. Citizenship and Immigration Services (USCIS) completed their bi-annual review of fees, noting that 96% of the costs incurred by the organization are paid through fees, not government funding. To that end, they noted that their costs are not currently being covered.

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Travelers Via China to the U.S. Require Proof of a Negative COVID Test

Effective January 5, 2023, all travelers from China, including Hong Kong and Macau, must present a negative COVID test in order to enter the U.S. The policy aims to limit the potential spread of COVID in the U.S. as China seemingly faces a surge. Part of the issue is the lack of transparency from China in terms of the extent of the surge in that country.

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Supreme Court Extends Title 42

The next chapter in the ongoing battle over the Trump-era immigration policy known as Title 42 reached the Supreme Court. The Court ruled in favor of continuing the policy, for now.

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January 2023 Visa Bulletin: EB-1 Retrogression for Indian and Chinese Nationals

The January 2023 Visa Bulletin shows retrogression for EB-1 for India and China. No movement on the family-based visas.

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Permanent Visa Issuance in the U.S. Shows Upward Trend After Pandemic

During 2020, the COVID-19 pandemic caused a significant decline in permanent visa approvals, as processing at U.S. consulates and embassies came to a virtual halt. However, the Department of State has announced that immigrant visa approvals have “returned to pre-pandemic levels,” in the 2022 fiscal year.

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Updates to U.S. Consulates in India Visa Appointment

Visa appointments continue to be extremely limited for U.S. Consulates in India. The goal is to return to typical, pre-COVID processing capabilities by September 2023. However, some limited availability has been announced for some visa categories.

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EAGLE Act to Eliminate Per Country Cap Stalls

The Equal Access to Green Cards for Legal Employment (EAGLE) Act that proposed ending the per-country cap for green cards is no longer scheduled for a vote in the current session of Congress. It's future remains to be seen as support has varied from both Democrats and Republicans.

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Trial of Updated Naturalization Test Announced by USCIS

U.S. Citizenship and Immigration Services (USCIS) announced a trial of an updated version of the naturalization test. The naturalization test is one of the final steps in becoming a naturalized U.S. citizen.

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Supreme Court Justice Stops Title 42 Planned Expiration

The Biden administration’s plan to let Title 42 expire on December 21, 2022, has been halted. Supreme Court Chief Justice Roberts approved the request of a group of nineteen states to block Title 42 from expiring.

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DHS’s Public Charge Final Rule Goes into Effect on Dec. 23

DHS announced the final public charge rule goes into effect on December 23, 2022. The DHS final rule does not take into consideration noncash payments.

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USCIS May Extend Interview Waiver Eligibility

USCIS typically grants these waivers in Employment-Eased adjustment of status, but recent news indicates that may soon change, expanding to qualifying Family-Based applicants.

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