DACA Program Remains in Limbo on 11th Anniversary

On DACA's 11th anniversary, the program remains in limbo. The DACA program is the subject of ongoing legal debate and is currently under considering in a federal court in Texas.

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USCIS Issues Guidance on Employment Authorization Documents And Compelling Circumstances

U.S. Citizenship and Immigration Services (USCIS) released policy guidance outlining eligibility criteria for initial and renewal applications for Employment Authorization Documents (EADs) in compelling circumstances.

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TPS Program Extension For Qualifying Individuals

DHS announced the TPS program is extended to 2025 for qualifying individuals from El Salvador, Honduras, Nicaragua, and Nepal. Strict date requirements apply.

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DHS Guidance Not Policy per Judge In EB-5 Investor Suit

DHS clarified guidance offered on their website is not automatically assumed to be policy. In the EB-5 investor lawsuit, the group cited content found on a FAQ page. DHS clarified it is not considered policy without other underlying requirements.

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Premium Processing Option Expanded

USCIS announced the expansion of the premium processing option to include F-2, F-2, M-1, M-2, J-1, or J-2 status along with some qualifying requirements. Strict date requirements apply.

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July 2023 Visa Bulletin: Retrogression in EB-3 India

We did not see the retrogression under the EB-2 category that was forecasted in the May 2023 visa bulletin this month. In the EB-3 category, we do see retrogression that the State Department warned about in the June 2023 visa bulletin. The only category without retrogression from the June 2023 visa bulletin is EB-3 China.

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DACA Update and Possible Outlook

The Deferred Action for Childhood Arrivals (DACA) program is under consideration in federal court. This DACA update considers theoretical outcomes with no known outcome as of yet.

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Important Notice: Visa Fee Increase

Some visa fees will increase on June 17, 2023. Included in the increased fee visas are some nonimmigrant application processing fees, including H, L, O, P, Q, and R visas as well as treaty traders, investors, and applicants using the E category visa.

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Filing Location and Documentation Requirements Updates for Some Affirmative Asylum Applications

U.S. Citizenship and Immigration Services updated the filing location for some affirmative asylum applications that are sent in via mail. This change is made to streamline asylum processing and improve the efficiency of adjudication by digitizing the paper filings.

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DHS Reports Improvements for Student and Exchange Visitors Processing

U.S. Immigration and Customs Enforcement released an update on the process of improving the experience for individuals accessing the Department of Homeland Security services. Improvements in student visas and exchange visitors are noted.

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Multiple Registrations: An Employer Guide for Navigating the FY 2024 H-1B Cap

There has understandably been a great deal of confusion and alarm over USCIS's warning on multiple petition filings for the FY2024 H-1B Cap. However, we cannot emphasize enough that if your company did not work with another company to increase the chances of selection or gain an unfair advantage, there is no violation.

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Florida Law Levies Penalties on Employers Hiring Undocumented Immigrants

The State of Florida enacted a law that addresses undocumented immigrants in the state. Florida employers are subject to up to $1,000 per day fines for hiring undocumented individuals, among other updates that affect undocumented individuals in the state.

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DACA Hearing to be Held Prior to Ruling

A federal judge agreed to hold a hearing on June 1, 2023, prior to determining the legality, and future, of the Deferred Action for Childhood Arrivals (DACA) program.

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USCIS Updates Selection Process for Some Parole Program Supporters

The process of selecting supporters for the parole program for Cuba, Haiti, Nicaragua, and Venezuela has changed due to high submission rates. The change is effective now.

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Our Perspective: Immigration Implications and Proactive Steps If Government Shutdown Over Debt Ceiling Issue

Implications to the U.S. immigration process are presented, including recommendations on how to prepare, if the U.S. government breaches the debt ceiling, kicking off a government shutdown.

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June 2023 Visa Bulletin: Employment-Based and Family- Based Categories Hold Steady

For June 2023, both employment-based and family-based categories are holding steady, showing no further retrogression, or advancement. However, for India and China, we expect retrogression in the EB-1 category in July 2023.

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Update on PERM Forms and the FLAG System

The Office of Foreign Labor Certification (OFLC) announced a delay in using the new Permanent Employment Certification (PERM) form and CW-1 applications through the Foreign Labor Application Gateway (FLAG) system to June 1, 2023.

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Immigration Bill Passes House Facing Threat of Biden Veto

The Secure the Border Act was passed by the U.S. House of Representatives. The Act proposes ending some Biden administration policies and enabling some Trump-era policies. President Biden stated he will veto the law, should the Act move forward.

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Lawful Pathways Final Rule Update

The Lawful Pathways Final Rule institutes a presumption of ineligibility for asylum for individuals who try to enter the U.S. without a legal basis from the southwest border or nearby coastal regions. Some exceptions apply, with certain specific requirements.

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Employment Eligibility Verification Flexibility Ending

U.S. Immigration and Customs Enforcement (ICE) announced the ending of COVID-19 temporary flexibilities for Form I-9. Employers must complete a physical review of documents for individuals hired in the last two years who completed document verification remotely.

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