News

The March 2020 Covid guidelines for the Student and Exchange Visitor Program (SEVP) have been extended to the 2022-2023 academic year. As such, an extension for attending classes via distance learning is supported. The guidelines are applicable to nonimmigrant students who have been enrolled and actively taking classes at a qualifying U.S. school on March 9, 2020. Students must also comply with all terms of the nonimmigrant status, whether U.S. based or abroad. There are no changes to the March 2020 guidelines that will remain in effect for the 2022-2023 school year.

U.S. Citizenship and Immigration Services (USCIS) released FY2023 H-1B registrations submission results. A total of 483,927 registrations were submitted, reflecting over 50% growth from FY2022. The first-round lottery included 127,600 selections from the total submitted. USCIS projects these selections will fill the current allocations.

The initial selection from FY2022 H-1B submissions was 87,500. Subsequently, USCIS completed two additional rounds of lottery selections to meet the FY2022 allocation. The additional rounds included 27,727 and 16,753. In total for FY2022, 131,970 registrations were selected.

U.S. Citizenship and Immigration Services (USCIS) released the below announcement:

U.S. Citizenship and Immigration Services announced today that individuals who previously received deferred action under Deferred Action for Childhood Arrivals (DACA) may now file Form I-821D, Consideration of Deferred Action for Childhood Arrivals, online.

“The expansion of online filing is a priority for USCIS as we make our operations more efficient and effective for the agency and our stakeholders, applicants, petitioners and requestors,” said USCIS Director Ur M. Jaddou. “The option to file DACA renewal requests online is part of USCIS’ ongoing move to minimize reliance on paper records and further transition to an electronic environment.”

A report from Pew Research shows the number of U.S. immigrants granted green cards returned to pre-pandemic levels in the July to September 2021 time frame, the final quarter of the fiscal year for the U.S. government. Roughly 282,000 individuals were issued green cards in that time frame. This is the highest of any quarter since April to June 2017. During the pandemic, the issuance of green cards fell to a low of 79,000 in a quarter in mid-2020.

Green cards issued to new arrivals rebounded but did not reach pre-pandemic levels. The issuance of green cards through the adjustment of status for individuals already in the U.S. showed the highest increase. During the pandemic, newly arrived immigrants applying for a green card fell more sharply than immigrants on a temporary visa already in the U.S.

The Department of Homeland Security (DHS)DH announced the conclusion of COVID‑19 Temporary Policy for List B Identity Documents. As of May 1, 2022, employers cannot accept expired List B documents for Form I-9.

DHS adopted the temporary policy allowing the use of expired documents due to limitations caused by the COVID-19 pandemic. With document-issuing entities reopening or already reopened, DHS is rescinding the option to provide expired documents required on List B for proof of identity. As of May 1, 2022, employers are required to accept solely unexpired documents from List B.

U.S. Citizenship and Immigration Services (USCIS) has directed the Texas Service Center (TSC) and Nebraska Service Center (NSC) to stop adjudication of all Employment-Based (EB) Form I-485, Application for Adjustment of Status cases with the exception of the 4th preference petitions (religious workers, special immigrant juveniles, etc.). USCIS is reallocating officers, resources, and all other EB visas including EB-3 and EB-2 to Form I-140 adjudications and backlog elimination. Cases will be transferred to the National Benefits Center (NBC). NBC will add EB Forms I-485 to their existing EB workload, prioritizing applications for each immigrant visa as are immediately available. Applicants whose cases are transferred out to TSC and NSC will receive transfer notice updating them of the new location for their case.

Effective on April 11, 2022, U.S. citizens will have the option to select “X” when selecting their gender option, per Secretary of State Blinken. The secretary also stated that similar options will be available for other forms of documentation in the coming year. The “X” selection is offered as ‘unspecified or another gender identity', meant to provide privacy and inclusion for all. The offering is a result of research and feedback from community members.

Due to the ongoing COVID pandemic and resulting backlog, U.S. Citizenship and Immigration Services (USCIS) announced the extension of some flexibilities for responding to USCIS requests. This is likely the final extension, per the organizations.
Responses received within 60 calendar days after the due date specified will be considered prior to USCIS taking any further action. The due date listed on the form must be between March 1, 2020, and July 25, 2022, inclusive.

Additional requirements apply. Read the full article or contact your attorney for more details.

U.S. Citizenship and Immigration Services completed the initial selection process from H-1B lottery submissions. The cap has been reached for both the H-1B cap numerical allocation and the master’s cap. Selected registrations have been notified. Individuals selected are eligible to submit an H-1B cap-subject petition for the noted beneficiary for the selected registration.

Online accounts for those who submitted a lottery entry are updated with their current status. Please contact ILSBS if you have any questions.

The Department of Homeland Security (DHS) and Department of Justice (DOJ) are issuing a rule to give asylum seekers decisions more quickly. Whether granted relief or not, individuals applying with asylum claims will know their results within months, not years.

Per the rule, U.S. Citizenship and Immigration Services (USCIS) asylum officers will consider initial asylum information. Currently, only immigration judges from the Justice Department’s Executive Office for Immigration Review (EOIR) review requests. The review process includes consideration of risk for fear of persecution or torture. The credible fear standard will be reviewed by USCIS asylum officers.