Given the recent increase in layoffs in a number of industries in the U.S., U.S. Citizenship and Immigration Services (USCIS) provided a list of options that may be available to nonimmigrant workers seeking to remain in the United States in a period of authorized stay following termination of employment.
E‑Verify has restored the ability of employers, employer agents, and corporate administrators to upload multiple hiring sites simultaneously. This feature increases efficiency for companies with multiple hiring sites by providing an alternative to manual entries; and is available for all access methods when adding hiring sites.
Beginning on January 5, the U.S. Centers for Disease Control and Prevention (CDC) will require a negative COVID-19 test result (such as a PCR test or an antigen self-test administered and monitored by a telehealth service or a licensed provider and authorized by the Food and Drug Administration or the relevant national authority) taken within two days of departure or proof of recovery from the virus within the last 90 days for all travelers aged two years and older to the U.S. for air passengers traveling to the United States from China, Hong Kong, or Macau, and those traveling from Seoul, Toronto, and Vancouver who have been in China, Hong Kong, or Macau in the past 10 days.
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On December 15, 2022, U.S. Mission China Consular Services announced that due to the operational impacts caused by the surge of COVID-19 infections across China, the U.S. Embassy in Beijing and the U.S. Consulate in Shanghai are providing passport and emergency citizen services only. The U.S. consulates in Wuhan, Shenyang, and Guangzhou will only provide emergency consular services until further notice. All routine visa services (with very limited exceptions) are temporarily suspended and all regularly scheduled appointments at U.S. Embassy Beijing and the other Consulates Genera have been canceled.
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On December 14, 2022, the Department of Homeland Security (DHS) published a notice in the Federal Register announcing that U.S. Citizenship and Immigration Services (USCIS) plans to conduct a trial for updates to the current naturalization test. The purposes for the trial are to test a civics component of the exam with an updated format and content and a newly developed English-speaking component. USCIS will conduct the trial with the help of volunteer community-based organizations who work with immigrant English language learners and lawful permanent residents preparing for naturalization. The trial is tentatively scheduled for a five-month period in 2023.
On January 3, 2023, U.S. Citizenship and Immigration Services (USCIS) published a Notice of Proposed Rulemaking (NPRM) to adjust certain immigration and naturalization benefit filing fees. USCIS has stated that these new fees would allow them to more fully recover its operating costs, reestablish and maintain timely case processing, and prevent accumulation of future case backlogs.
New measures include a proposal to incorporate biometrics costs into the main benefit fee and remove the separate biometric services fee; establish separate fees for each nonimmigrant classification covered by Form I-129, Petition for a Nonimmigrant Workers; change the premium processing timeframe from 15 calendar days to 15 business days; and institute lower fees for certain forms filed online. The proposed rule would not change fee waiver eligibility requirements. The projected revenues resulting from the proposed rule would allow USCIS to increase the number of adjudicators processing applications, implement technology improvements, and increase support provided to individuals seeking information and assistance from USCIS.
The 60-day public comment period starts following publication of the NPRM in the Federal Register. Fees will not change until the final rule goes into effect, after the public has had the opportunity to comment and USCIS finalizes the fee schedule in response to such comments. USCIS will host a public engagement session on the proposed fee rule on January 11, 2023.
On December 23, 2022, the Department of Homeland Security’s (DHS) Public Charge Ground of Inadmissibility final rule went into effect. The 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.
When making a public charge inadmissibility determination under this final rule, DHS will consider an applicant’s “age; health; family status; assets, resources, and financial status; education and skills;” a sufficient Affidavit of Support Under Section 213A of the INA (when one is required); and prior or current receipt of: supplemental Security Income (SSI); cash assistance for income maintenance under Temporary Assistance for Needy Families (TANF); State, Tribal, territorial, or local cash benefit programs for income maintenance (often called “General Assistance”); or long-term institutionalization at government expense.
DHS will not consider receipt of noncash benefits (for example, Supplemental Nutrition Assistance Program, public housing, school lunch programs, etc.) other than long-term institutionalization at government expense.
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On January 5, 2023, President Biden announced that the Department of Homeland Security has created processes through which nationals of Cuba, Haiti, Nicaragua, and Venezuela, and their immediate family members, may request to come to the United States via a method called “parole.” Qualified beneficiaries who are outside the United States and lack U.S. entry documents may be considered, on a case-by-case basis, for advanced authorization to travel to the U.S. and be paroled into the U.S. for a temporary period of up to two years for urgent humanitarian reasons or significant public benefit. To participate, eligible beneficiaries must:
Have a supporter in the United States;
Undergo and clear robust security vetting;
Meet other eligibility criteria; and
Warrant a favorable exercise of discretion.
Individuals participating in these processes must have a supporter in the United States who agrees to provide them with financial support for the duration of their parole in the United States. The first step in the process is for the U.S.-based supporter to file a Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, with USCIS for each beneficiary they seek to support, including minor children. The U.S. government will then review the supporter information provided in the Form I-134A to ensure that they are able to financially support the beneficiaries they are agreeing to support.
Link: https://www.uscis.gov/CHNV
Each month, the U.S. Department of State (DOS) publishes the Visa Bulletin, listing all "preference" categories and states whether a backlog exists for each one. In addition, the categories are folded into two charts: “Final Action” chart and a “Dates for Filing” chart for Family-Based immigration and Employment-Based immigration.
For December 2022, USCIS has indicated that for Employment-Based immigration, the “Dates for Filing” chart should be used in establishing eligibility to file the I-485 Adjustment of Status petitions. This means that those who filed an Immigrant Petition [Form I-140] on or before the date given in the Visa Bulletin may file an application for permanent resident status [Form I-485].
In December, the EB-1 preference category on the Final Action Chart for all countries including China and India will be “current.” This means the I-485 applications may be filed immediately with the Form I-140. Also, any otherwise qualified national of China or India with an approved EB-1 I-140 may file the I-485 in December.
The Visa Bulletin also notes the following regarding the first preference category for India and China:
“Increased demand and number use in the Employment First category, combined with decreased visa number availability for FY-2023 compared to FY-2022, will most likely necessitate the establishment of final action dates and application filing dates for China and India in the coming months to hold number use within the maximum allowed under the FY-2023 annual limits. This situation will be continually monitored, and any necessary adjustments will be made accordingly.”
The EB-2 preference category has retrogressed for all countries (including China and India) which means that individuals in these categories will not be able to file I-485 applications unless they have a “current” priority date. The priority date for all countries except India and China in the EB-2 preference category is December 1, 2022. All otherwise qualified individuals with a priority date before December 1, 2022 may file their I-485 applications.
The EB-3 preference category is also “current” for all countries other than China and India, which remain backlogged on both the Final Action and Dates for Filing Charts.
The Visa Bulletin states the following regarding the Employment Fourth Preference Certain Religious Workers (SR) category:
“H.R. 6833, enacted on September 30, 2022, extended the Employment Fourth Preference Certain Religious Workers (SR) category until December 16, 2022. No SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight December 15, 2022. Visas issued prior to that date will be valid only until December 15, 2022, and all individuals seeking admission in the non-minister special immigrant category must be admitted (repeat admitted) into the United States no later than midnight December 15, 2022.
The SR category is subject to the same final action dates as the other Employment Fourth Preference categories per applicable foreign state of chargeability.
If there is legislative action extending this category, the December dates would be applied for the entire month. If there is no legislative action extending this category, the category will become “Unavailable” effective December 16, 2022.”
The complete Visa Bulletin, including priority dates for family-based immigrant applications, can be found on the Department of State website.
If you have questions about planning, please feel free to reach out and schedule a consultation with one of the attorneys at Iandoli, Desai & Cronin (info@iandoli.com).
On November 14, 2022, NAFSA (Association of International Educators) released a reportshowing that the nearly one million international students at U.S. colleges and universities contributed $33.8 billion to the U.S. economy during the 2021-2022 academic year—up more than $5.5 billion (or 19%) compared to the prior academic year—and supported more than 335,000 jobs. These totals still fall short of the high-water mark set in the 2018-2019 academic year, however, when more than 1 million international students generated $40.5 billion and supported more than 450,000 jobs. NAFSA attributes the loss of approximately $2 billion dollars and 10,568 jobs in the 2021-2022 academic year to the ongoing impact of the COVID-19 pandemic.
According to NAFSA, this year’s $5.5 billion increase in economic activity should be contrasted with the decline of $10.3 billion observed in the prior academic year—the largest single-year decline since NAFSA began tracking these figures more than twenty years ago.
NAFSA has long advocated for a national strategy for international education to proactively recruit talented students and scholars to U.S. colleges and universities from around the world as well as increase the number and diversity of U.S. college students who are able to study abroad before they graduate.
Additional key findings from NAFSA’s new economic research include:
The total number of jobs supported (335,423) by the financial contributions of international students is up 9.5 % compared to the prior academic year. This figure dropped by 26.4% last year.
For every three international students, one U.S. job is created/supported.
In contrast, for community colleges, enrollment, dollars and jobs continued to fall: international student spending contributed $1.3 billion (down 13.4 %) and supported 6,095 jobs (down nearly 20%).
The five states that saw the largest amount of economic activity were (in descending order): California, New York, Massachusetts, Texas and Pennsylvania—the same top five from last year, though Pennsylvania and Texas swapped spots.
Eight states broke the $1 billion mark (up from seven states last year).
This year, NAFSA also analyzed the economic contributions generated by international students enrolled in U.S. college and university English language programs. International students enrolled in these programs contributed $241.9 million (up 5.8%), and supported 2,250 jobs (up 2.2%). As with national figures, their economic contribution is higher yet remains well below pre-pandemic levels (65% below 2019-2020 level).
Year-over-year trends and detailed job sector analysis as well as data by state and congressional district are available to view at www.nafsa.org/economicvalue.
NAFSA’s analysis uses data from the following sources: enrollment data from the 2022 Open Doors report, published by the Institute of International Education in partnership with the U.S. Department of State’s Bureau of Educational and Cultural Affairs; tuition and expense data from the U.S. Department of Education’s National Center of Educational Statistics; and job creation data from the U.S. Department of Commerce’s International Trade Administration and Bureau of Economic Analysis.
NAFSA’s analysts discount the impact of inflation on the 2021-2022 figures given that institutions had already set their tuition and fees plus room and board before the start of the academic year.
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