News

An additional 20,000 H-2B temporary nonagricultural worker visas will soon be available for the current fiscal year. The Department of Homeland Security (DHS) announced a joint temporary final rule making these visas available. They are set aside for U.S. employers to hire additional workers before March 31, 2022.

Of the 20,000, 13,500 are for returning workers who were granted an H-2B visa within the last three years, from fiscal years 2019, 2020, and 2021. The remaining visas, 6,500, do not require a previous H-2B visa and are reserved for individuals from El Salvador, Guatemala, and Honduras.

The U.S. Citizenship and Immigration Services (USCIS) released the January 2022 Visa Bulletin. USCIS announced applicants must use the Date of Filing Chart to determine if he or she is eligible to submit his/her I-485, Adjustment of Status Application (AOS). If the priority date for your employment or family-based category is before the date outlined and you are in the United States, you may file your application to adjust status along with the applications for employment authorization and travel permission assuming you meet all the other requirements) with USCIS. Read more to see the current dates.

Starting with the adoption of a definition of statelessness, the Department of Homeland Security is focusing on creating protections and addressing the unique needs of these individuals living in the United States. Per the United Nations, a stateless person does not have the nationality of any country. However, the U.S. doesn’t have a definition, making it hard for the government to identify the unique needs of these individuals.

Once a standardized definition is adopted, DHS will identify the unique barriers stateless individuals face while living in the U.S. With that understanding DHS is committed to creating programs and addressing the protection of stateless individuals.

Current flexibilities for Form I-9 have been extended, per U.S. Immigration and Customs Enforcement (ICE). The flexibility was originally announced in 2020 due to ongoing precautions around Covid-19. The Department of Homeland Security (DHS) announced the flexibility is now valid through April 30, 2022. 

The extension continues for employees hired on or after April 1, 2021, and who work exclusively remotely due to the pandemic. These individuals are temporarily exempt from the Employment Eligibility Verification (Form I-9) physical inspection requirements until non-remote work begins. The flexibility is discontinued upon employment location changing to a regular, predictable, non-remote work location or termination, whichever is earlier. If employees are physically present at a work location of their employer, there are no exceptions, and Form I-9 needs to be in compliance.

A pending lawsuit regarding the current registration system for the annual H-1B lottery can move forward, per a federal judge. The H-1B lawsuit claims the registration system decreases the chances of lottery selection for those who follow the law and submit a single registration. While the U.S. government sought to have the case dismissed, U.S. District Judge Trevor N. McFadden denied the request. The court states that the suing H-1B applicants don't need to prove the employers still want to hire them in order to pursue their claim. Judge McFadden held that if the H-1B applicants can show they had an active job offer when they initiated the lawsuit, standing is established and the lawsuit can move forward.

In-person consular visit requirements will be temporarily waived for qualifying individuals by the U.S. Department of State. Individuals who have already been issued immigrant visas, approximately 49,000 people, will have their consular visit requirement withheld due to the ongoing COVID pandemic. The rule goes into effect on December 13, 2021, and will remain in place through December 2023. Consular offices have the discretion to waive the in-person and oath appearance requirements for specific repeat applicants.

U.S. Citizenship and Immigration Services is temporarily waiving the requirement that the civil surgeon sign Form I-693, Report of Medical Examination and Vaccination Record, no more than 60 days before an applicant files an application for the underlying immigration benefit (including Form I-485, Application to Register Permanent Residence or Adjust Status), until Sept. 30, 2022.  

A request to hire H-2B workers was denied due to a missing job order filing with the local workforce agency. The original request included hiring 20 foreign workers under the H-2B program for seasonal, nonagricultural jobs. The case was heard on appeal by the Board of Alien Labor Certification Appeals. The original finding was upheld in the appeals court.

A large group of individuals who came to the U.S. as children are approaching adult status and face the risk of deportation. These children of noncitizens typically came to the U.S. with parents who received temporary work visas and remain in the country. However, when these children turn 21, without additional legal status, they face deportation. This group, commonly known as Documented Dreamers, will ‘age out’ upon reaching adulthood.

In order to stay in the country, these individuals must apply for and be granted their own immigration status once they turn 21. If not received, they are required to depart the U.S. or face immigration enforcement and potential deportation.

Ongoing demand for technology talent outpaces available qualified individuals in the U.S. As such, company growth is suffering. Looking beyond the U.S. borders is one possible solution. Join us for a webinar on December 9, 2021, at 2:30 pm where we present the steps needed for a successful H-1B program. Whether you have an existing program or are starting a new one, you will learn the steps required to increase your odds of a successful process.