News

The U.S. Department of State announced an update on documents required for Diversity Visa FY2023 recipients. For the Kentucky Consular Center, updated supporting documentation procedures are now in place.

The Department of Homeland Security (DHS) issued a notice regarding the continuation of DACA protections. In summary, a final rule has been issued by the Biden administration to provide ongoing protection from removal and continuing the right to work legally for qualifying individuals. It's important to note that further action is required to retain protections.

The H-1B lottery is now complete, as USCIS has announced it received sufficient petitions to reach the congressionally mandated 65,000 regular cap and 20,000 master’s cap for FY 2023. This is the first year the H-1B cap has been met with only one round of selections since the registration system was implemented in 2020. In the past, there have always been at least two rounds of selections, sometimes even three. This year, however, there will be no further rounds. Those not selected received an H-1B non-selection notice.

U.S. Citizenship and Immigration Services (USCIS) is being sued by Ukrainians who came to the U.S. after the invasion of the country by Russia. They are suing over USCIS requiring them to apply for work permits, which they claim is in violation of the legislation.

The plaintiffs claim that U.S. Congress provided the Ukrainians with the same benefits as refugees when a $20 billion military aid package was passed in May 2022. This includes the ability of qualifying Ukrainians to immediately gain the right to work, without paying any fees. The individuals suing USCIS include over 170 Ukrainians.

On Friday, a federal judge in Texas ruled that the Obama-era DACA program was illegal. The ruling has prompted immigrants and advocates alike, to pressure Democrats to enact legislation to protect the program.

Created in 2012 by the Obama Administration, DACA has prevented the deportation of thousands of children brought to the United States unlawfully. Since its birth, the program has received continuous criticism and backlash, particularly from Republican lawmakers. In 2017, the Trump administration announced its actions to end DACA. However, that was countered in a Supreme Court ruling in 2020, which stated the administration had not ended the program properly.

One lawsuit claiming the U.S. government delayed the processing of naturalization paperwork has been dismissed. The matter has been resolved with the individual receiving approval to become a U.S. citizen. The delay was caused by the inability to access documents held in the federal records center storage due to the COVID-19 pandemic. While one lawsuit has been resolved and dismissed, other lawsuits related to the same issue remain pending.

As we are inching closer to the end of Fiscal Year (FY) 2022, the Department of State released the September 2022 visa bulletin. In order to address the ongoing backlog, USCIS has not changed any dates for the September visa bulletin. However, preparation is key. Contact us to see how we can help you be prepared for future changes.

This week, a New York judge refused to modify or clarify a state order that would resume the acceptance of granting of Deferred Action for Childhood Arrivals (DACA) applications. This comes over large confusion about the New York order in conjunction with a recent Texas order.

In 2021, a Texas order required that the U.S. Department of Homeland Security stop approving new applications for DACA. The order reasoned that the Biden Administration “misapprehended” the interactions of a December 2020 Texas order and a New York court order, which required the government to accept first-time, renewal, and advance parole DACA requests. Nearly 80,000 immigrant applicants requested clarification of the Texas order, as to compare it to the New York order.    

A judge ordered U.S. Citizenship and Immigration Services (USCIS) to reconsider a green card application due to the extreme delay in issuing a decision. While the green card application was denied by the agency, the judge found that the delay limited the person’s ability to respond to agency concerns. The delay from initial filing to final adjudication was ultimately six years, with the basis of determination no longer available for the applicant to submit additional information for reconsideration.

Those seeking asylum and withholding of removal status in the United States should expect a delay in receipt notice from U.S. Citizenship and Immigration Services. USCIS announced that those filing an I-589, Application for Asylum and for Withholding of Removal should not expect a timely receipt from the agency due to ongoing delays.

While receipts are expected to be delayed, USCIS has confirmed that, for purposes of the asylum one-year filing deadline, an applicant’s filing date will remain the date that the I-589 petition was received by USCIS, not the date the receipt notice is ultimately issued. This applies to affirmative interviewing scheduling priorities and Employment Authorization Document eligibility, based on a pending asylum application. It must be noted, however, that if the petition is not filed properly, it will be rejected, regardless of the filing date.