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Immigration Update

Sep 6, 2022 | Immigration Updates

In this edition, find the latest news on DHS’ announcement on DACA policy, the latest guidance for diversity visa selectees, USCIS’ updated guidance for religious workers, and more.  

DHS Announces Final Rule to ‘Preserve and Fortify’ DACA Policy

The Department of Homeland Security (DHS) announced a final rule to “preserve and fortify” the Deferred Action for Childhood Arrivals (DACA) policy for certain eligible noncitizens who arrived in the United States as children. DACA allows beneficiaries an opportunity to receive a renewable, two-year work permit. DHS said that DACA has allowed more than 800,000 young people, dubbed “Dreamers,” to remain in the United States.

The rule, effective October 31, 2022, was published in the Federal Register on August 30, 2022. It continues the DACA policy announced in a 2012 memorandum from Janet Napolitano, then-Secretary of Homeland Security, that DACA recipients should not be a priority for removal. DHS received more than 16,000 comments during the public comment period. The final review codifies existing DACA policy, with limited changes, and replaces the DACA policy guidance set forth in the 2012 Napolitano memorandum. The final rule:

  • Maintains the existing threshold criteria for DACA;
  • Retains the existing process for DACA requestors to seek work authorization; and
  • Affirms the longstanding policy that DACA is not a form of lawful status but that DACA recipients, like other deferred action recipients, are considered “lawfully present” for certain purposes.

DHS noted that it may grant DACA renewal requests under the final rule but cannot grant initial DACA requests and related employment authorization due to a court injunction that remains in partial effect.

Advocates, including representatives from the American Immigration Lawyers Association and the American Immigration Council, hailed the Biden administration’s “positive step” but called for Congress to act to pass legislation to provide permanent protection and a path to citizenship.

Details:

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DV-2023 Selectees Only Need to Submit Application Form to Kentucky Consular Center, Not Supporting Documents, DOS Says

The Department of State (DOS) announced on August 25, 2022, that for the Diversity Visa (DV) program for fiscal year 2023 (DV-2023), selectees only need to submit to the Kentucky Consular Center (KCC) the DS-260 immigrant visa application form for themselves and any accompanying family members. Once a DS-260 is received from the selectee, KCC will next review it for completeness, after which the case will be eligible to be scheduled for a visa interview if the selectee’s visa case number is current as reflected in the Visa Bulletin, DOS said. The agency noted that this continues the practice that began during the last program year, and said a “data-driven decision” would be made later for future program years.

DOS said that selectees should not submit to the KCC any other required supporting documents; instead, “all supporting documents for DV-2023 selectees will be collected and evaluated in connection with the interview at the embassy or consulate where the visa application is made.”

Details:

  • “Diversity Visa 2023 Update: Document Submission to KCC for DV-2023,” Dept. of State, Aug. 25, 2022, https://bit.ly/3KpsKxQ

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USCIS Updates Guidance on Religious Workers

U.S. Citizenship and Immigration Services (USCIS) has issued policy guidance to reorganize and expand on existing guidance related to special immigrant and nonimmigrant religious workers.

For both special immigrant and R-1 nonimmigrant religious worker petitions, the update clarifies the circumstances under which certain related petitioners may meet compensation requirements even if the attesting employer will not directly compensate the religious worker.

The update also reorganizes the special immigrant religious worker guidance in the USCIS Policy Manual for clarity and provides more comprehensive information about the special immigrant religious worker filing process, verification of evidence, and site inspection process.

Details:

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OFLC Receives Labor Dept. Award to Modernize Permanent Labor Certification Program

The Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) announced that it was awarded an investment from the DOL’s Technology Modernization Fund (TMF). The $7.2 million TMF investment “will improve DOL’s permanent labor certification services, helping to increase efficiency, improve customer experience, and address fraud and security risks overall,” TMF said.

Brian Pasternak, Administrator, Office of Foreign Labor Certification, said, “By integrating the permanent labor certification process into the Foreign Labor Application Gateway, which uses GSA’s [the General Services Administration’s] Login.gov, we will make it easier, faster, and cheaper for employers to access permanent labor certification services and create a more seamless immigrant visa processing experience.” Gundeep Ahluwalia, DOL’s Chief Information Officer, said, “The Department has developed a close working relationship with the TMF with past TMF awards and appreciates the opportunity to build technologies that ease the burden on U.S. employers.”

Details:

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Related Posts:

HR’s Most Common Immigration Pain Points

Human resources professionals have their hands full managing the needs of their workforce, including helping employees through the work visa process. Foreign talent is a critical component for U.S. companies, especially those driving innovation in sectors that rely on a highly skilled and creative workforce. Since there are considerable gaps in expertise, particularly in STEM fields, companies need to source and deploy a diverse range of talent. This can only be accomplished if HR has a firm grasp on immigration policies and visa processing in today’s changing climate. HR teams that operate across borders are faced with common challenges as they manage recruiting, onboarding, and maintaining visa status for employees: Pain Point 1: Navigating Changing U.S. Policies A constant challenge for HR departments is keeping up with ever-evolving immigration policies. In the U.S., the president has considerable influence over immigration policy through executive orders and internal memos – as we’ve seen demonstrated to extreme effect in recent years. Going forward, rules may remain in place, but how U.S. Citizenship and Immigration Services (USCIS) and other federal agencies implement these policies will likely change. Litigation also often pauses or calls into question specific policies, which causes friction in their widespread implementation. […]

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Chatting with Charlie: August Visa Bulletin Update

During our May and June webinars Charlie predicted many of the retrogressions which have occurred for August’s visa bulletin update. Below we will summarize the August Visa Bulletin for both Employment-Based and Family-Based schedules. Please register here to join us on August 23 @ 11am PT for our next live Chatting with Charlie. Employment-Based A Final Action Date has been imposed on the ROW EB-1 preference.  The 01AUG23 date imposed for All Chargeability (Rest of World) EB-1 Final Action Date is essentially the same as the category being Current, and it would not be surprising if Department of State establishes a 01SEP23 date for September. The All Chargeability EB-2 Final Action Date advanced which is a positive sign, but the forward movement is not enough to provide any encouragement for the future availability of “Otherwise Unused” numbers becoming available for use by India EB-2 applicants.  The fact that the All Chargeability EB-3 date has retrogressed for the third time in four months is a troubling sign for visa availability during FY 2024, and this situation will need to be watched carefully. Both the China EB-2 and EB-3 Final Action and Application Filing Dates have advanced which is a very good […]

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