For First Time, DHS to Supplement H-2B Cap with Additional Visas in First Half of Fiscal Year

 WASHINGTON—The Department of Homeland Security (DHS) and the Department of Labor (DOL) today announced the forthcoming publication of a joint temporary final rule to make available an additional 20,000 H-2B temporary nonagricultural worker visas for fiscal year (FY) 2022. These visas will be set aside for U.S. employers seeking to employ additional workers on or before March 31, 2022.

This supplemental cap marks the first time that DHS is making additional H-2B visas available in the first half of the fiscal year. Earlier this year, USCIS received enough petitions for returning workers to reach the additional 22,000 H-2B visas made available under the FY 2021 H-2B supplemental visa temporary final rule. Read more at: https://www.uscis.gov/newsroom/news-releases/for-first-time-dhs-to-supplement-h-2b-cap-with-additional-visas-in-first-half-of-fiscal-year

Contact Darren Heyman, immigration attorney, for more information.

DHS Withdraws H-1B Selection Final Rule

 The Department of Homeland Security has published a final rule that withdraws the Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions final rule, also known as the H-1B Selection Final Rule, issued Jan. 8, 2021. That rule was vacated by the U.S. District Court for the Northern District of California.

Read more at: https://www.uscis.gov/newsroom/alerts/dhs-withdraws-h-1b-selection-final-rule

Contact Darren Heyman, immigration attorney, for more information.

USCIS Conducts Third Random Selection from Previously Submitted FY 2022 H-1B Cap Registrations

 We recently determined that we needed to select additional registrations to reach the fiscal year (FY) 2022 H-1B numerical allocations, including the advanced degree exemption. On Nov. 19, we selected from among previously submitted electronic registrations using a random selection process. The petition filing period based on registrations selected on Nov. 19 will begin on Nov. 22, 2021, and close on Feb. 23, 2022. Individuals with selected registrations will have their myUSCIS accounts updated to include a selection notice, which includes details about when and where to file. Read more at: https://www.uscis.gov/newsroom/alerts/uscis-conducts-third-random-selection-from-previously-submitted-fy-2022-h-1b-cap-registrations

Contact Darren Heyman, immigration attorney, for more information.

USCIS Issues Updated and Comprehensive Guidance on T Visa Adjudications

 U.S. Citizenship and Immigration Services is issuing updated and comprehensive guidance in the USCIS Policy Manual on adjudicating applications for T nonimmigrant status (or T visas) submitted by victims of human trafficking, including clarifying how applicants establish eligibility.

Our policy guidance (PDF, 339.32 KB) clarifies the physical presence eligibility requirement, the age-based exemption from the requirement to comply with law enforcement requests, and how the agency evaluates involuntary servitude claims. Read more at: https://www.uscis.gov/newsroom/alerts/uscis-issues-updated-and-comprehensive-guidance-on-t-visa-adjudications

Contact Darren Heyman, immigration attorney, for more information.

USCIS Reaches H-2B Cap for First Half of FY 2022

 U.S. Citizenship and Immigration Services has received enough petitions to reach the congressionally mandated cap on H-2B visas for temporary nonagricultural workers for the first half of fiscal year 2022. Sept. 30 was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before April 1, 2022. USCIS will reject new cap-subject H-2B petitions received after Sept. 30 that request an employment start date before April 1, 2022. Read more at: https://www.uscis.gov/newsroom/alerts/uscis-reaches-h-2b-cap-for-first-half-of-fy-2022

Contact Darren Heyman, immigration attorney, for more information.

ICE adds additional languages to online appointment scheduler

 WASHINGTON – Noncitizens can now schedule their initial check-in with ICE in English, Spanish, Portuguese, Haitian Creole and French, using the recently announced ICE Appointment Scheduler. The ICE Appointment Scheduler is a web-based, multilingual, and smartphone compatible appointment scheduler for noncitizens. The tool allows noncitizens to schedule their required check-in appointments at ICE Enforcement and Removal Operations (ERO) offices as they await immigration proceedings. Previously, appointments were made via phone or in person. Read more at: https://www.ice.gov/news/releases/ice-adds-additional-languages-online-appointment-scheduler

Contact Darren Heyman, immigration attorney, for more information.

Most CW-1 Employers Must File Required Semiannual Report (Form I-129CWR)

 USCIS reminds employers of Commonwealth of the Northern Mariana Islands (CNMI) Transitional Workers (CW-1) that, if you have a currently-approved CW-1 petition with a validity period of six months or more, you must file Form I-129CWR, Semiannual Report for CW-1 Employers, with USCIS every six months after the petition validity start date. Employers use this report to certify the continued employment and payment of each worker under the terms and conditions of the approved petition. You are not required to file Form I-129CWR if your petition has been withdrawn for all beneficiaries. Read more at: https://www.uscis.gov/newsroom/alerts/most-cw-1-employers-must-file-required-semiannual-report-form-i-129cwr

Contact Darren Heyman, immigration attorney, for more information.