U.S. Immigration Updates – June 2022: Monthly Review – Work Visas & More News Here

This writing will present an replace of U.S. immigration
developments for the month of June 2022 and the potential influence on
U.S. employers and overseas nationals.

Court Upholds the End of the Trump-Era Public Charge Rule

The Seventh Circuit upheld a courtroom ruling Monday that stopped a
problem to reinstate a Trump-era immigration rule that made it
more durable for immigrants to acquire residency.

The “public charge rule,” expanded in 2019 by former
President Trump, made it tougher for noncitizens to acquire
residency if they might depend on public advantages comparable to meals
stamps, many types of Medicaid or obtained housing help.

Several states challenged the rule change, and it was formally
led to 2021 after President Joe Biden took workplace. Later final
12 months, a federal courtroom in Illinois tossed an try by 14 different
states to intervene within the case.

The group of states appealed this denial, which culminated in a
listening to earlier than the Seventh Circuit this April. In its Monday
ruling, the circuit courtroom sided with the decrease courtroom’s choice.

Judge Diane Wood penned the unanimous 32-web page ruling and located
that the group of states’ want to intervene and reinstate the
rule was now not well timed now that the rule had been deserted by
the Biden Administration.

“Put merely, the writing had lengthy been on the wall that the
federal authorities was prone to abandon its protection of the 2019
rule. We subsequently discover that the district courtroom didn’t abuse its
discretion to find that the May 2021 motions to intervene have been
premature,” wrote Wood, a Clinton appointee.

The states searching for to intervene and produce again the immigration
rule have been Texas, Alabama, Arizona, Arkansas, Indiana, Kansas,
Kentucky, Louisiana, Mississippi, Montana, Ohio, Oklahoma, South
Carolina and West Virginia.

However, regardless of discovering that the attraction had deserves, the
three-choose panel concluded that the motions to intervene have been
premature for a number of causes. Chief amongst them was the delay of
greater than two months between the second it was identified that Biden was
contemplating dismissing the attraction and the states’
intervention.

Despite the unfavorable ruling, the Seventh Circuit ruling did
not depart the states with out recourse, discovering that whereas they
agreed with the decrease courtroom about timeliness, the states may
deliver a problem to the rule’s repeal below the Administrative
Procedure Act (APA).

SOURCE: David Wells, Courthouse News Service,
June 28, 2022:
https://www.courthousenews.com/7th-circuit-upholds-end-of-trump-era-immigration-rule/

New USCIS Policy Alert on Returning to US During 3- or 10-Year
Period After Departure or Removal

On June 24, 2022, U.S. Citizenship and Immigration Services
(USCIS) issued a coverage alert on inadmissibility below §
212(a)(9)(B) of the Immigration and Nationality Act (INA),
particularly, the impact of returning to the United States throughout
the statutory 3- or 10-12 months interval after departure or elimination (if
relevant). Under the coverage steerage, a noncitizen who once more
seeks admission greater than 3 or 10 years after the related
departure or elimination “shouldn’t be inadmissible below INA §
212(a)(9)(B) even when the noncitizen returned to the United States,
with or with out authorization, in the course of the statutory 3-12 months or
10-12 months interval.” A noncitizen’s location in the course of the
statutory 3- or 10-12 months interval and the noncitizen’s method of
return to the United States in the course of the statutory interval are
“irrelevant” for functions of figuring out inadmissibility
below INA § 212(a)(9)(B), USCIS mentioned.

The alert additionally notes that some noncitizens could possibly file a
movement to reopen their beforehand denied purposes with USCIS
utilizing Form I-290B, Notice of Appeal or Motion.

SOURCE: USCIS Policy Alert (PA-2022-15), June
24, 2022, https://bit.ly/3OoB1TV

House Advances Amendment to Recapture Unused Visa Numbers

The House of Representatives’ Appropriations Committee
handed an modification, launched by Rep. Grace Meng (D-NY), to
Department of Homeland Security (DHS) appropriations for fiscal
12 months 2023 that might recapture unused, expired family- and
employment-primarily based immigrant visa numbers misplaced for numerous causes
since 1992. The modification would additionally present visa aid for
immigrants banned from touring to the United States in the course of the
Trump administration.

Several earlier makes an attempt in Congress to revive unused visa
numbers have been unsuccessful. It is unclear whether or not this
modification will finally succeed.

The language of the modification states the unused inexperienced playing cards
can be issued with out regard to the per-nation restrict, which,
mixed with the recapturing of inexperienced playing cards that went unused due
to processing issues within the years earlier than the pandemic, means tens
of 1000’s of people ready within the employment-primarily based
immigrant backlog would profit, in addition to people ready in
household backlogs.

SOURCE: “Decades’ Worth of Unused
Immigrant Visas Salvaged in House Bill,” Bloomberg
Government, June 24, 2022: https://bit.ly/3xOTCBE ; and Stuart Anderson,
“Good Immigration News on Green Cards and Afghan Parole.”
Forbes, June 27, 2022: https://www.forbes.com/sites/stuartanderson/2022/06/27/good-immigration-news-on-green-cards-and-afghan-parole/?sh=17b9cf9b7e00

E-Verify Releases New Case Processing Features

On June 21, 2022, E-Verify launched a number of new options
“to extend consciousness of present duplicate circumstances and cut back
general case processing time.” E-Verify additionally redesigned the
“Search Cases” web page to supply “a extra strong case
question operate.”

Among different issues, the duplicate case lookback interval was
expanded from 30 days to 12 months.

SOURCE: ABIL Newsletter, June 27, 2022 and
E-Verify New Features and Updates, June 2022, https://www.e-verify.gov/june-2022

The Biden Administration Rescinds Negative COVID-19 Test
Requirement for Flying to the United States

As of June 12, 2022, air vacationers to the United States no
longer want to indicate a unfavourable COVID-19 take a look at outcome or
documentation of restoration earlier than boarding, the Centers for Disease
Control and Prevention (CDC) introduced.

CDC continues to advocate that vacationers boarding a flight to
the United States get examined for present an infection with a viral
take a look at as near the time of departure as attainable (not more than 3
days) and never journey if they’re sick. CDC mentioned it “continues
to guage the newest science and state of the pandemic and can
reassess the necessity for a testing requirement if the scenario
adjustments.”

SOURCE: CDC, June 10, 2022: https://bit.ly/3Q9ZUEp

Office of Foreign Labor Certification Has Updated Its Standard
Occupational Classification System

The Department of Labor’s Office of Foreign Labor
Certification (OFLC) will start utilizing the 2018 Standard
Occupational Classification (SOC) system on July 1, 2022, in place
of the 2010 SOC system. Since September 1999, the Occupational
Employment and Wage Statistics program has used the SOC system to
classify occupational wage data. The SOC offers a standard
language for categorizing occupations and serves because the framework
for data being gathered by way of the Department of
Labor’s Occupational Information Network (O*NET).

OFLC’s National Prevailing Wage Center (NPWC) hosted a
webinar on the implementation of the 2018 Standard Occupational
Classification (SOC) system that introduced background and an
implementation timeline and reviewed how the brand new classification
will have an effect on Prevailing Wage Determinations. This occasion was
recorded, and all supplies might be positioned on the Prevailing Wage
tab of the OFLC’s web site for future entry.

SOURCE: OFLC, June 10, 2022:
https://www.dol.gov/agencies/eta/foreign-labor

DHS Urged by Tech Giants To Revamp Policies on High-Skilled
Workers’ Children

A coalition of U.S.-based tech firms despatched a letter to
Homeland Security Secretary Alejandro Mayokas asking him to revamp
the division’s insurance policies for youngsters of excessive-expert visa
holders.

In the letter despatched on Tuesday, June 7, obtained by the Wall
Street Journal, the coalition requested the Biden administration
to ascertain “more robust aging out policies” in an
effort to handle the problem of kids of lengthy-time period visa holders
with the ability to proceed as beneficiaries of their mother and father’
pending inexperienced card purposes even after they flip 21 years of
age.

The coalition famous that greater than 200,000 kids have grown
up on this nation below their mother and father’ protected visa standing,
which included those that are holders of H-1B visas.

The letter was signed by tech firms comparable to Twitter, Uber
Technologies Inc., Amazon, Google and IBM.

The coalition additionally inspired Congress to the bipartisan
laws known as America’s Children Act, which is able to create a
pathway to citizenship for youngsters of lengthy-time period visa holders,
also known as “document dreamers,” and offers a
lengthy-time period decision to the problem.

SOURCE: Olafimihan Oshin, The
Hill, June 7, 2022:
https://thehill.com/policy/technology/3514824-tech-giants-urge-dhs-to-revamp-policies-for-high-skilled-visa-holders-children/

Department of Labor Releases Processing Updates

On May 31, the U.S. Department of Labor (DOL) launched new
processing occasions for PERM purposes and requests for prevailing
wage determinations (PWDs).

Currently, DOL is adjudicating PWD requests for H-1B circumstances that
have been filed in November 2021 or earlier. DOL has additionally simply begun to
adjudicate some PWD requests filed for PERM circumstances in December
2021.

DOL can also be adjudicating PERM purposes for November 2021 and
these filed previous to that month. The company can also be conducting
audits of PERM purposes filed in September 2021 or earlier.
Currently, it’s taking DOL roughly 191 calendar days to
conduct Analyst Reviews and 278 days to conduct Audit Reviews.

SOURCE:
https://flag.dol.gov/processingtimes

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