Search
Contact
Login
Share this article
U.S. Citizenship and Immigration Services announced that in December it will follow the State Department’s Dates for Filing chart, as published in the December Visa Bulletin, to determine whether applicants are eligible to file for adjustment of status.
Dates for Filing: Key Movements
EB-1
EB-2
EB-3
Dates for Filing for Employment-Based Preference Cases:
Additional Information: The Dates for Filing chart will also be used for family-based applicants next month. More information is available here.
This alert has been provided by the BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.
Copyright © 2022 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.
The State Department released the December Visa Bulletin, showing significant regression for India EB-2 under Final Action Dates and moderate advancement for EB-3 categories next month. Priority-date cutoffs for Final Action Dates and Dates for Filing charts for El Salvador, Guatemala, Honduras, Mexico, the Philippines and all other countries for EB-2 will move from current to Nov. 1, 2022, or Dec. 1, 2022, respectively.
Final Action Dates: Key Movements
Final Action Dates for Employment-Based Preference Cases:
Additional Information: U.S. Citizenship and Immigration Services has not yet announced whether it will use the Final Action Dates or Dates for Filing chart in December. BAL will update clients once USCIS announces which chart will be used. The December Visa Bulletin estimates that 197,000 employment-based green cards will be available for FY2023 due to unused family-based immigrant visas that will roll over from last year. The Department of State also indicated that it expects to impose priority-date cutoffs for EB-1 China and India in coming months.
The U.S. State Department announced today the launch of an Afghan family reunification landing page.
Key Points:
Background: Since August 2021, the U.S. has supported the reunification and resettlement of Afghan families. Although the U.S. has reunified some families, others remain separated and continue to experience hardship and challenges while seeking reunification.
BAL Analysis: The State Department launched the Afghan family reunification page to help Afghan families that are still separated and seeking reunification. BAL will continue to follow developments specifically affecting Afghan nationals and will provide updates as information becomes available.
The White House accepted the resignation of Christopher Magnus, U.S. Customs and Border Protection (CBP) Commissioner.
Background: President Joe Biden nominated Magnus to serve as CBP Commissioner in April 2021, and the Senate confirmed him in December of that year. Prior to his nomination, Magnus was the Police Chief in Tucson, Arizona; Fargo, North Dakota; and Richmond, California. In a statement, the White House said President Biden “appreciates Commissioner Magnus’ nearly forty years of service and the contributions he made to police reform during his tenure as police chief in three U.S. cities.”
The U.S. Embassy in Havana announced this week that it would fully resume interviews for all immigrant visa categories in January 2023.
Additional Information: More information is available on the U.S. Embassy in Havana’s website.
BAL Analysis: The U.S. Embassy in Havana’s upcoming resumption of full immigrant visa services for Cuban nationals is welcome news as these services have been suspended since 2017. This resumption is part of the broader expansion of the Embassy’s functions to provide safe, legal and orderly immigration options for Cuban nationals, the department said. BAL will continue to monitor these developments and will provide more information as it becomes available.
The Department of Homeland Security has published lists of countries whose nationals will be eligible for the H-2A and H-2B visa programs in the upcoming year.
Additional Information: The countries whose nationals are eligible for the H-2A and H-2B visa programs are as follows.
*Eligible for H-2B program but not H-2A. **Eligible for H-2A program but not H-2B.
Copyright © 2022 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
With the holiday travel season approaching, many employees hope to visit family abroad, vacation overseas and perhaps renew their visa at the same time. COVID-19 continues to affect travel to the United States and other countries. BAL urges travelers to take precautions and consult their BAL professional when planning international travel.
BAL Analysis: While many countries have lifted COVID-19 travel restrictions, the United States continues to enforce a vaccine requirement for inbound nonimmigrant foreign nationals. Visa and passport service delays continue. Employers and employees should consult their BAL professional before planning any international travel.
A move to revoke federal recognition of an accreditor of for-profit colleges has affected two immigration-related student programs.
On Aug. 19, the U.S. Department of Education announced that it would no longer recognize the Accrediting Council for Independent Colleges and Schools (ACICS). This change has potential immediate effects for international students enrolled in or with a degree from ACICS-accredited schools. In particular, the change could affect students applying for a 24-month science, technology, engineering and mathematics (STEM) optional practical training (OPT) extension or those enrolled in an English language study program.
Additional Information: ACICS’ loss of federal accreditation authority means that degrees issued by ACICS-accredited colleges and universities on or after Aug. 19 will not be recognized by federal immigration authorities. Holders of advanced degrees from ACICS-accredited colleges and universities will not be eligible for the H-1B advanced degree exemption (the “master’s cap”). Additionally, ACICS-accredited colleges and universities will not be able to qualify for H-1B cap or fee exemptions as an institution of higher education.
BAL Analysis: Officials said they would provide notification letters with guidance for affected students if their schools’ accreditation is withdrawn. USCIS also encouraged students enrolled at ACICS-accredited schools to contact their Designated School Official (DSO) immediately for information about potential consequences for immigration status or benefits. More information is available here.
The Labor Department has posted updated processing times for permanent labor certification (PERM) applications and prevailing wage determination (PWD) requests.
PERM Processing: As of Oct. 31, the department was adjudicating applications filed in February and earlier, conducting audit reviews on applications filed in December and earlier, and reviewing appeals for reconsideration filed in May and earlier.
Average PERM processing times:
PWD Processing: As of Oct. 31, the National Prevailing Wage Center was processing PWD requests filed in January and earlier for H-1B OES and PERM OES cases, February and earlier for H-1B non-OES cases, and December and earlier for PERM non-OES cases, according to the Labor Department. Redeterminations were being considered on appeals filed May and earlier for H-1B cases and PERM cases. There were no center director reviews pending.
The U.S. State Department recently provided an update on worldwide visa operations, including information on wait times, backlogs and interview availability.
Additional Information: Delays plagued U.S. embassies and consulates around the world last year as they emerged from COVID-related closures. State Department officials said that visa processing times are improving but progress varies from post to post. Applicants can in some cases travel to other consulates to apply for visa services; however, depending on the specific situation, this may not be a feasible option.
BAL Analysis: While processing times are improving, appointment and processing delays should be expected at U.S. embassies and consulates throughout the world. Service levels vary from post to post. BAL will continue to monitor efforts to address processing delays and will provide more information as it becomes available. Employers and employees should continue to consult their BAL professional before planning international travel.