HSI Baltimore-led investigation leads to the seizure of domain name purporting to be the website of the US Department of Labor

 BALTIMORE - Special agents from the U.S. Department of Homeland Security (DHS) Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) Baltimore field office served a federal seizure warrant for the fraudulent internet website us-dolbids.com, in the District of Maryland January 26. The HSI-led investigation and seizure of the duplicitous website, which purported to be the official website for the United States Department of Labor, was a joint effort, in which HSI received significant assistance from the U.S. Department of Labor – Office of the Inspector General and the U.S. Attorney’s Office for the District of Maryland. Read more at: https://www.ice.gov/news/releases/hsi-baltimore-led-investigation-leads-seizure-domain-name-purporting-be-website-us

Contact Darren Heyman,
immigration attorney, for more information.

USCIS Updates Guidance on National Interest Waivers

 U.S. Citizenship and Immigration Services announced updated guidance on adjudicating requests for “National Interest Waivers” regarding job offer and labor certification requirements for certain advanced degree professionals and individuals of exceptional ability. This includes discussing the unique considerations for persons with advanced degrees in science, technology, engineering, and math (STEM) fields and entrepreneurs.

Consistent with this Administration’s goal of removing barriers to legal immigration under President Biden’s Executive Order 14012, Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans, USCIS is clarifying how the national interest waiver can be used by STEM graduates and entrepreneurs, as well as the significance of letters from governmental and quasi-governmental entities. The updated guidance also serves to promote effective and efficient processing of benefits consistent with the executive order. Read more at: https://www.uscis.gov/newsroom/alerts/uscis-updates-guidance-on-national-interest-waivers

Contact Darren Heyman, immigration attorney, for more information.

FY 2023 H-1B Cap Initial Registration Period Opens on March 1

 

U.S. Citizenship and Immigration Services today announced that the initial registration period for the fiscal year 2023 H-1B cap will open at noon Eastern on March 1 and run through noon Eastern on March 18, 2022. During this period, prospective petitioners and representatives will be able to complete and submit their registrations using our online H-1B registration system.

USCIS will assign a confirmation number to each registration submitted for the FY 2023 H-1B cap. This number is used solely to track registrations; you cannot use this number to track your case status in Case Status Online. Read more at: https://www.uscis.gov/newsroom/alerts/fy-2023-h-1b-cap-initial-registration-period-opens-on-march-1

Contact Darren Heyman, immigration attorney, for more information.

DHS Announces Availability of Additional H-2B Visas for First Half of Fiscal Year

 WASHINGTON—The Department of Homeland Security (DHS) and the Department of Labor (DOL) today announced the availability of 20,000 additional H-2B temporary nonagricultural worker visas for the first half of fiscal year (FY) 2022. These visas are for U.S. employers that are facing irreparable harm without additional workers and seeking to employ additional workers on or before March 31, 2022.

“DHS is taking action to address the needs of our economy by making an additional 20,000 H-2B visas available to workers,” said Secretary Mayorkas. “We are providing employers with the resources and support needed to sustain their businesses while expanding lawful pathways to the United States. At the same time, DHS and DOL are protecting against the exploitation of H-2B workers.” Read more at: https://www.uscis.gov/newsroom/news-releases/dhs-announces-availability-of-additional-h-2b-visas-for-first-half-of-fiscal-year

Contact Darren Heyman, immigration attorney, for more information.

USCIS Provides Clarifying Guidance for O-1 Petitions with a Focus on STEM Fields

 U.S. Citizenship and Immigration Services today issued policy guidance clarifying how it evaluates evidence to determine eligibility for O-1A nonimmigrants of extraordinary ability, with a focus on petitions filed for individuals in science, technology, engineering, or math (STEM) fields, as well as how USCIS determines whether an O-1 beneficiary’s prospective work is within their area of extraordinary ability or achievement.

Individuals of extraordinary ability in the sciences, education, business, or athletics may be eligible for O-1A classification. The new update provides examples of evidence that may satisfy the O-1A evidentiary criteria and discusses considerations that are relevant to evaluating such evidence, with a focus on the highly technical nature of STEM fields and the complexity of the evidence often submitted. Read more at: https://www.uscis.gov/newsroom/alerts/uscis-provides-clarifying-guidance-for-o-1-petitions-with-a-focus-on-stem-fields

Contact Darren Heyman, immigration attorney, for more information.

USCIS Updates Guidance on Expedite Requests

 U.S. Citizenship and Immigration Services has updated the USCIS Policy Manual to reflect new guidance on how we determine whether a case warrants expedited treatment. The new guidance is effective immediately.

This update:

• Clarifies the criteria and circumstances under which we generally consider expedite requests from nonprofit organizations as determined by the Internal Revenue Service;
• Provides additional examples of when we may consider expedite requests made by federal, state, or local agencies, including labor and employment agencies;

Read more at: https://www.uscis.gov/newsroom/alerts/uscis-updates-guidance-on-expedite-requests

Contact Darren Heyman, immigration attorney, for more information.

Department of State Temporarily Extends and Expands In-Person Interview Waivers for Certain Non-Immigrant Visa Applicants

 The Department of State, in consultation with the Department of Homeland Security, has authorized consular officers to waive the in-person interview requirement for certain nonimmigrant visa applicants with approved petitions from U.S. Citizenship and Immigration Services (USCIS).

To start, the Department of State has extended its prior policy of allowing consular officers to waive the in-person interview requirement for foreign nationals applying for a non-immigrant visa in the same classification as previously issued, and whose visa expired within the past 48 months. This authority has been extended indefinitely. Read more at: https://www.natlawreview.com/article/department-state-temporarily-extends-and-expands-person-interview-waivers-certain

Contact Darren Heyman, immigration attorney, for more information.