News

The immigration outlook is expected to change in 2023. Major immigration reform may not be achievable. However, we believe there will be administrative rulemaking and policy shifts in the coming year. See how DACA, H-1B and other programs may be affected.

With the ongoing job loss affecting a big section of the workforce, it is worth noting that the regulations allow a discretionary grace period that allows workers in certain visa classifications plus any of their dependents, to be considered as having maintained status following the termination of their employment.

A streamlined process to submit deferred action requests is now available for noncitizen workers who are witnesses to or victims of labor rights violations, the U.S. Department of Homeland Security (DHS) announced. Deferred action protects noncitizen workers from exploitive employers who use threats of immigration-related retaliation.

The Department of Homeland Security announced the scheduling feature is now available on the Customs and Border Protection, CBP One mobile application. This is one element of the overall border enforcement updates the Biden Administration announced to limit illegal immigration, increase security, and provide pathways to legal immigration.

A refund of approximately $80 million in work permit application fees is being requested by a group of Ukrainian nationals. The group asks the U.S. Court of Federal Claims to order U.S. Citizenship and Immigration Services (USCIS) to provide the refunds.

The immigration bills being considered focus on giving the Department of Homeland Security the option to block entry for some migrants at their discretion as deemed appropriate to maintain ‘operational control’.

President Biden announced an expansion of parole from Venezuelans to Nicaraguan, Cuban, and Haitian Nationals. Parole is a discretionary mechanism whereby USCIS, CBP, and ICE may allow non-citizens to enter and stay in the United States temporarily. It is not official status.

A total of nine states have filed a supplemental complaint challenging Deferred Action for Childhood Arrivals (DACA). They urge the Texas federal judge to rule against the Biden Administration’s final rule from August 2022 on the basis that the program is not lawful. The group claims the same flaws exist in the Biden version as the Obama administration program. This DACA complaint is the latest in a long history of legal challenges.

Effective January 5, 2023, all travelers from China, including Hong Kong and Macau, must present a negative COVID test in order to enter the U.S. The policy aims to limit the potential spread of COVID in the U.S. as China seemingly faces a surge. Part of the issue is the lack of transparency from China in terms of the extent of the surge in that country.

The January 2023 Visa Bulletin shows retrogression for EB-1 for India and China. No movement on the family-based visas.