DHS Announces Process Enhancements for Supporting Labor Enforcement Investigations Release Date 01/13/2023

 WASHINGTON – The U.S. Department of Homeland Security (DHS) has announced that noncitizen workers who are victims of, or witnesses to, the violation of labor rights, can now access a streamlined and expedite deferred action request process. Deferred action protects noncitizen workers from threats of immigration-related retaliation from the exploitive employers. Effective immediately, this process will improve DHS’s longstanding practice of using its discretionary authority to consider labor and employment agency-related requests for deferred action on a case-by-case basis. Workers will be able to visit DHS.gov for additional information in English and Spanish and to submit requests. These improvements advance the Biden-Harris Administration’s commitment to empowering workers and improving workplace conditions by enabling all workers, including noncitizens, to assert their legal rights.  Read more at: https://www.uscis.gov/newsroom/news-releases/dhs-announces-process-enhancements-for-supporting-labor-enforcement-investigations

Contact Darren Heyman, immigration attorney, for more information.

USCIS Issues Proposed Rule to Adjust Certain Immigration and Naturalization Fees

 WASHINGTON—Today, U.S. Citizenship and Immigration Services (USCIS) published a Notice of Proposed Rulemaking (NPRM) to adjust certain immigration and naturalization benefit request fees. The new fees would allow USCIS to more fully recover its operating costs, reestablish and maintain timely case processing, and prevent the accumulation of future case backlogs. USCIS receives approximately 96 percent of its funding from filing fees, not from congressional appropriations. Read more at: https://www.uscis.gov/newsroom/news-releases/uscis-issues-proposed-rule-to-adjust-certain-immigration-and-naturalization-fees

Contact Darren Heyman, immigration attorney, for more information.

DHS Implements New Processes for Cubans, Haitians, and Nicaraguans and Eliminates Cap for Venezuelans

 On Jan. 5, 2023, the Department of Homeland Security (DHS) announced a safe and lawful way for qualifying Cubans, Haitians, and Nicaraguans with U.S.-based supporters to travel by air to and temporarily reside in the United States. Individuals arriving under this new process may also apply for work authorization. DHS also announced elimination of the numerical cap for a similar process for Venezuelans announced earlier this year. Read more at: https://www.uscis.gov/newsroom/alerts/dhs-implements-new-processes-for-cubans-haitians-and-nicaraguans-and-eliminates-cap-for-venezuelans

Contact Darren Heyman, immigration attorney, for more information.

Filing Location Change for Form I-730, Refugee/Asylee Relative Petition

 U.S. Citizenship and Immigration Services is changing the filing location for Form I-730, Refugee/Asylee Relative Petition, to streamline workloads in an ever-increasing electronic environment. Previously, this petition was filed either at the Texas Service Center or the Nebraska Service Center depending on the state where the petitioner resides. With this change, all Form I-730 petitions should be filed at the Texas Service Center.

Read more at: https://www.uscis.gov/newsroom/alerts/filing-location-change-for-form-i-730-refugeeasylee-relative-petition

Contact Darren Heyman, immigration attorney, for more information. 

ICE releases FY 2022 annual report

 WASHINGTON — U.S. Immigration and Customs Enforcement (ICE) released today the agency’s annual report showcasing how the agency has responded to increasingly complex transnational security threats in fiscal year (FY) 2022. The FY 2022 annual report highlights how ICE is helping secure the Southwest Border and rebuilding a humane and orderly immigration system; combatting transnational criminal organizations (TCOs) including disrupting the supply of opioids coming to U.S. communities; improving transparency to stakeholders and the public; and supporting its dedicated, resilient workforce. Read more at: https://www.ice.gov/news/releases/ice-releases-fy-2022-annual-report

Contact Darren Heyman, immigration attorney, for more information.

DHS and DOL Announce Availability of Additional H-2B Visas for Fiscal Year 2023

 WASHINGTON— The Department of Homeland Security (DHS) and the Department of Labor (DOL) are issuing a temporary final rule that makes available 64,716 additional H-2B temporary nonagricultural worker visas for fiscal year (FY) 2023. These supplemental H-2B visas are for U.S. employers seeking to petition for additional workers at certain periods of the fiscal year before Sept. 15, 2023.

“The Department is making supplemental H-2B visas available earlier than ever, ensuring that American businesses can plan for their peak season labor needs,” said Secretary of Homeland Security Alejandro N. Mayorkas. “At a time of record job growth, these visas will also provide a safe and lawful pathway to the United States for noncitizens prepared to take jobs that are not filled by American workers.” Read more at: https://www.uscis.gov/newsroom/news-releases/dhs-and-dol-announce-availability-of-additional-h-2b-visas-for-fiscal-year-2023

Contact Darren Heyman, immigration attorney, for more information.

DHS’s Public Charge Final Rule Goes into Effect on Dec. 23

 On Dec. 23, 2022, the Department of Homeland Security’s (DHS) Public Charge Ground of Inadmissibility final rule will go into effect. This final rule, which was previously announced, provides clarity and consistency for noncitizens on how DHS will administer the public charge ground of inadmissibility. This final rule restores the historical understanding of a “public charge” that had been in place for decades before the previous administration began to consider supplemental public health benefits such as Medicaid and nutritional assistance as part of the public charge inadmissibility determination. Read more at:https://www.uscis.gov/newsroom/alerts/dhss-public-charge-final-rule-goes-into-effect-on-dec-23

Contact Darren Heyman, immigration attorney, for more information.