May 2022 Immigration Licensed Substitute

May 2022 Immigration Licensed Substitute

May 2022 Immigration Licensed Substitute

H-1B 2022 Cap Lottery Registration Substitute

It was a record-breaking yr for model spanking new H-1B visa cap submissions. USCIS has disclosed that larger than 483,000 registrations have been submitted throughout the March 2022 lottery for one in every of many 85,000 new H-1B visas for Fiscal 12 months 2023 (starting October 1, 2022). This appears to be a very powerful number of submissions for model spanking new H-1B visas in historic previous. By comparability, US employers submitted 308,000 registrations in March 2021.

USCIS moreover chosen a file number of registrations for extra movement (127,600) throughout the March 2022 lottery. By comparability, in March 2021 USCIS chosen solely 87,500 registrations. It added one different 43,000 selections in subsequent lottery rounds. The rise in preliminary selections for FY2023 suggests USCIS is making an attempt to steer clear of the need for subsequent lottery rounds, because it’s extraordinarily liable to fill the 85,000 quota for model spanking new H-1Bs from the 127,600 submissions already chosen.

Those who missed out on the FY2023 H-1B lottery mustn’t delay planning for alternate choices. Individuals with F-1 OPT or STEM OPT work authorization respectable until April 1, 2023 or later would possibly revenue from registering as soon as extra for the March 2023 H-1B lottery. Totally different frequent visa selections in lieu of the H-1B embody the J-1 trainee or inside visa for licensed folks, the O-1 visa for folks with extraordinary functionality, and TN visa standing for Canadian and Mexican nationals in associated occupations. Current F-1 school college students might also ponder re-enrolling at college to pursue a classy diploma.

USCIS Will enhance Computerized Extension Interval of Positive Work Permits

Because the outcomes of COVID and totally different components proceed to affect USCIS operations and processing situations, the corporate has launched a brief lived remaining rule that can enhance the automated extension interval for Employment Authorization Paperwork (EAD) for positive renewal candidates to as a lot as 540 days (roughly 18 months). Environment friendly May 4, 2022, this transformation is supposed to “help steer clear of gaps in employment for noncitizens with pending EAD renewal functions and stabilize the continuity of operations for US employers.”

This momentary remaining rule will revenue individuals who have been beforehand eligible for an computerized EAD extension of 180 days, along with nevertheless not restricted to Quick-term Protected Standing (TPS) holders, E-2 spouses, L-2 spouses, and positive H-4 spouses. Notably, the momentary enhance is obtainable to eligible renewal candidates with pending functions if a Form I-765 renewal utility was filed:

  • Sooner than May 4, 2022, and the 180-day computerized extension has since expired; or
  • Sooner than May 4, 2022, and the 180-day computerized extension has not however expired; or
  • Between May 4, 2022, and Oct. 26, 2023, inclusive of these dates.

Such candidates will now acquire an additional yr of labor authorization whereas prepared for the approval of a pending EAD renewal. EAD renewal functions filed after October 26, 2023 are anticipated to revenue from the sooner 180-day extension.

Extension of Form I-9 Flexibilities on account of COVID-19

The US Division of Homeland Security (DHS) and US Immigration and Customs Enforcement (ICE) launched an extension of the flexibleness in complying with Form I-9 requirements on account of COVID-19. The momentary steering was set to expire on April 30, 2022, nevertheless on account of ongoing precautions related to COVID-19, DHS has extended the Form I-9 flexibilities until October 31, 2022. Additional information regarding DHS’s Form I-9 flexibilities might be current in our January 2022 Immigration Substitute.

Employers are impressed to rearrange for in-person verification within the occasion that they relied upon or are relying upon a COVID-19 Form I-9 versatile protection. When employees undertake non-remote employment on an on a regular basis, fixed, or predictable basis, or the COVID-19 Form I-9 flexibility protection ends (whichever is earlier), employers ought to then full in-person verification. Employers have the discretion to start the in-person verification course of earlier, however it need to be achieved in a continuing and non-discriminatory methodology all through the workforce.

When ending in-person verification following distant verification, employers should enter “COVID-19” and “paperwork bodily examined” with the date of inspection to the Half 2 Additional Information topic on the Form I-9. DHS acknowledges that there may be conditions the place employers are unable to complete in-person verification following distant verification for employees employed given that start of the COVID-19 Form I-9 flexibility protection on March 20, 2020. In such situations, DHS advises employers to memorialize the reasons for this incapacity in a memorandum retained with each affected employee’s Form I-9. DHS will take into account the reasons on a case-by-case basis, throughout the event of a Form I-9 audit.

Extension of eligibility date for TPS Ukraine

Earlier this yr, the Division of Homeland Security (DHS) launched that Ukraine was designated for TPS for 18 months. To qualify for TPS, a Ukrainian nationwide ought to meet positive requirements, along with bodily presence within the USA given that environment friendly date of the TPS designation and regular residence throughout the US since a specific date.

The distinctive TPS announcement indicated that Ukrainian nationals who’ve repeatedly resided throughout the US since March 1, 2022, would possibly apply for TPS. Not too way back, DHS extended the arrival cutoff date to April 11, 2022. Consequently, Ukrainians who traveled to the US between March 1 and April 11 are literally ready to use for TPS.

EAD/AP Combo Taking part in playing cards

USCIS recently launched that it would begin issuing EAD and Advance Parole (AP) enjoying playing cards individually for positive adjustments of standing candidates. Until this announcement, the USCIS issued a combo card for an adjustment of standing applicant that is at current filed Form I-765 (Software program for Employment Authorization) and Form I-131 (Software program for Journey Doc). This new protection is supposed to chop again EAD processing situations which is perhaps at current backlogged and inflicting work authorization gaps for lots of worldwide nationals.

A worldwide nationwide with an EAD card that does not moreover operate advance parole will solely be succesful to make use of their card for work authorization capabilities, to not journey abroad. A individually issued AP doc would cowl worldwide journey.

DHS extends COVID-19 vaccination requirements on the Canada and Mexico borders

DHS launched that it will lengthen its momentary requirements and proceed to require non-US vacationers coming into the USA by the use of land ports of entry and ferry terminals on the US-Mexico and US-Canada borders to be completely vaccinated in opposition to COVID-19 and provide related proof of vaccination upon request. These requirements apply to non-US vacationers who’re touring for every vital and non-essential causes, nevertheless do not apply to US residents, lawful eternal residents, or US nationals.

Non-US vacationers coming into by the use of land ports of entry and ferry terminals ought to proceed to:

  • Verbally attest to their COVID-19 vaccination standing;
  • Current, upon request, proof of a CDC-approved COVID-19 vaccination, as outlined on the CDC website online;
  • Present a sound Western Hemisphere Journey Initiative (WHTI)-compliant doc, similar to a sound passport, Trusted Traveler Program card, or Enhanced Tribal Card; and
  • Be able to present one other associated paperwork requested by a US Customs and Border Security (CBP) officer all through a border inspection.

COVID-19 testing is not going to be required to enter the USA by the use of a land port of entry or ferry terminal.

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