News

Starting on January 22, 2022, individuals entering the U.S. on the Canadian or Mexican borders via land or ferry ports are required to be fully vaccinated against COVID-19, per the Department of Homeland Security. Individuals must provide proof of vaccination. Essential and non-essential travel reasons require vaccination. The rules do not apply to U.S. citizens, U.S. nationals, or Lawful Permanent Residents (LPR).

The policy is updated as the country continues to see an increase in Covid cases due to the fast-spreading omicron variant. The update is meant to slow the spread, protect public health in the U.S., and balance the need for cross-border trade and travel. The updated policy more closely follows existing requirements for individuals entering the U.S. via international air travel.

U.S. Citizenship and Immigration Services (USCIS) received a large amount of EB-3 downgrade I-140, Immigrant Petitions, and I-485, Adjustment of Status applications filed in October 2020. The number of petitions overwhelmed USCIS. The downgrade petition of I-140 consists of asking USCIS to grant EB-3 classification to applicants whose employer previously filed and received approval for their petition based on the EB-2 preference category. Many of these petitions are awaiting adjudication. As a result, in the February 2022 Visa Bulletin, we see the Employment-Based Second category (EB-2) move faster than the Employment-Based Third preference category (EB-3). Now, applicants with EB-3 based Adjustment of Status applications are seeking a visa become available to them under the EB-2 preference category.

ILBSG is providing more information to our clients on the two options they have when they fall into the above-described situation. The first option clients have is what’s commonly known as Interfiling or “Transfer of Underlying Basis.” The second option is filing a new Adjustment of Status based on the EB-2 preference category.

The Department of State released the February 2022 Visa Bulletin. In the February 2022 Visa Bulletin showing both the Dates of Filing Chart and Final Actions Dates Chart, we see some exciting movement for Employment-Based second category (EB-2) for India and Chinese nationals.

EB-2: India will advance by almost six months to January 1, 2013, and China will advance by more than five weeks to March 1, 2019. All other countries will remain current. Other updates are available. Read more to see how they can affect you.

To ease inflation and the ongoing shortage of workers in the U.S., the U.S. Chamber of Commerce suggests doubling the level of legal immigrants into America. The need for workers would ease the continuing supply chain issues that are driving the spike in inflation, including the need for truck drivers. As more stores are reporting empty shelves, the need for workers is being felt across the country.

The Chamber CEO reinforced the issue is immigration, not issues of competition or market concentration. The Biden administration recently proposed a plan to increase competition to reduce rising meat prices, including increasing regulation and a heavier hand in the review of market abuses.

Giving at least 2 million immigrants who are not in the country legally the ability to extend their stay, avoiding deportation, is being urged by a group of U.S. Senate Democrats to the Biden administration. At issue are concerns over crises and natural disasters in their home countries, making their return unsafe. The group is requesting President Biden take executive action and grant Temporary Protection Status (TPS) to individuals from certain Central American countries. The Democrats cite the inability of the Biden administration to pass immigration reform to this point.

The Biden Administration submitted a third request for an extension on a case that may change how immigrants are determined to be a ‘danger to the community’. At the heart of the issue is whether immigration officials should include an immigrant’s mental health when reviewing crimes committed and possible protection from deportation.

Varying findings between the Eighth, Ninth, and Tenth Circuit Courts is the basis for taking the case to the Supreme Court.

Ongoing demand for talent, particularly for technology professionals, outpaces available qualified individuals in the U.S. Companies with established H-1B plans are facing increased competition for the coveted H-1B visa as demand continues to increase. In this webinar, International Legal and Business Services Group (ILBSG) presents the steps needed to increase your odds of a successful outcome. In addition, our immigration attorney professionals will present the best next steps if you don't get the outcome you want.

Back by popular demand, we updated the webinar to focus this session on helping companies with established H-1B Visa programs. The free webinar will be held on January 13, 2022 at 3:00 pm CST. The webinar will be recorded so if you can't make that date and time, simply register and a link to the on-demand recording will be sent to you.

The United States Citizenship and Immigration Services (USCIS) released the below statement on Dec 30, 2021, extending flexibilities previously announced.

In response to the COVID-19 pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners, and requestors. See if this affects your case.

The U.S. Department of State announced consular officers have the option to waive in-person interviews for certain visa categories if the individual has an approved petition from U.S. Citizenship and Immigration Services (USCIS). Certain restrictions apply. Consulates and embassies may continue to require in-person interviews on a case-by-case basis, depending on local conditions. It is imperative individuals check their local consulate or embassy website for updates and more details. Remember, the State Department is simply giving consular and embassy officials the option to waive in-person interviews. There is no mandatory requirement to hold, or not hold, the in-person interview.

With over 1.5 million cases pending, the backlog hit its highest point in November 2021. The all-time high was nearly 1,560,000 for the month of November, growing by 70,000 cases, per data published by Syracuse University’s Transactional Records Access Clearinghouse.

Further, decreases in the backlog have never been reported. Therefore, it’s anticipated that the backlog will continue to grow. 

Although the Biden administration has made efforts to address the backlog, including proposing moving asylum claims from the immigration courts to asylum officers. Also, the Executive Office for Immigration Review (EOIR) announced the hiring of an additional 22 immigration judges and are seeking more. In October 2021, 24 new judges were added to the immigration courts.