Updates to U.S. Consulates in India Visa Appointment

Visa appointments continue to be extremely limited for U.S. Consulates in India. The goal is to return to typical, pre-COVID processing capabilities by September 2023. However, some limited availability has been announced for some visa categories.

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EAGLE Act to Eliminate Per Country Cap Stalls

The Equal Access to Green Cards for Legal Employment (EAGLE) Act that proposed ending the per-country cap for green cards is no longer scheduled for a vote in the current session of Congress. It's future remains to be seen as support has varied from both Democrats and Republicans.

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Trial of Updated Naturalization Test Announced by USCIS

U.S. Citizenship and Immigration Services (USCIS) announced a trial of an updated version of the naturalization test. The naturalization test is one of the final steps in becoming a naturalized U.S. citizen.

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Supreme Court Justice Stops Title 42 Planned Expiration

The Biden administration’s plan to let Title 42 expire on December 21, 2022, has been halted. Supreme Court Chief Justice Roberts approved the request of a group of nineteen states to block Title 42 from expiring.

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

DHS announced the final public charge rule goes into effect on December 23, 2022. The DHS final rule does not take into consideration noncash payments.

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USCIS May Extend Interview Waiver Eligibility

USCIS typically grants these waivers in Employment-Eased adjustment of status, but recent news indicates that may soon change, expanding to qualifying Family-Based applicants.

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US Embassy in India Encourages Indian Nationals to Apply for H and L Visas

A twelve-day program from the U.S. Embassy in India is aimed at Indian nationals, promoting interested and qualified individuals to apply for an H-1B and L-1 visa.

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Bipartisan Immigration Deal Fails

An effort to pass an immigration deal providing a path to citizenship for DACA holders and limit southern U.S. border crossings has stalled. Based on reports from multiple outlets, the effort has failed.

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FY2023 H-1B Cap in Review: ILBSG’s Overall Results

ILBSG is proud to report our success in FY2023 H-1B filings. Of the cases which have received a decision, ILBSG is proud to report a 100% approval rating. We have received no denials to date. All cases which have a decision have an approved status

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

The Department of Homeland Security (DHS) and the Department of Labor (DOL) announced the availability of over 64,000 additional H-2B temporary nonagricultural worker visas for the fiscal year 2023.

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Unlawful Status Admission Not Barred as Evidence

If an individual admits to being in the U.S. without a legal status during a lawful investigation, the admission is not barred as evidence, per the Board of Immigration Appeals (BIA).

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Thinking About Contracting with a PEO? What H-1B Petitioner Companies Need to Know

As many of our clients know, filing an H-1B petition requires showing, in part, that the petitioner is the beneficiary’s true employer, and is the entity who has the sole right to control the employee-beneficiary’s employment.

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Policy Updated to Automatically Extend Some Green Cards

U.S. Citizenship and Immigration Services (USCIS) announced an update to their policy manual that now automatically extends green cards for individuals who have applied for naturalization. The policy goes into effect on December 12, 2022.

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DACA Proposal from U.S. Senate Faces Uphill Battle

A joint effort between the Democrats and Republicans proposes immigration reform that could affect DACA holders already living in the U.S. and the process at the borders. The basis of the proposal provides for relief for DACA and border security increases.

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Elimination of Per-Country Limit, EAGLE Act, Criticized

A proposal to eliminate the per-country limits on employment visas is scheduled to be voted on in the U.S. House of Representatives in the coming week. The effort aims to address ongoing labor shortages. However, criticism from the Congressional Black Caucus’ immigration task force may stand in the way.

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Extension of Temporary Protected Status for Haiti Announced

Citing ongoing issues in Haiti, The Department of Homeland Security announced the extension of Temporary Protected Status (TPS) for Haiti an additional 18 months. The extension changes the date of termination of TPS from February 4, 2023, moving it to August 3, 2024.

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H-1B Extension Beyond the Six-Year Period And Priority Date Retrogression

For those who have exhausted the six years allowed on H-1B, there are some options for extension under the AC-21 provisions. Eligibility depends on whether you are the beneficiary of an approved I-140 petition or have a PERM pending for longer than 365 days (under the lengthy adjudication exemption).

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Additional B-1 and B-2 Interview Waiver Appointments Open in India

In the coming month, a limited number of additional interview waiver appointments for qualifying B-1 and B-2 individuals will be available at U.S. Embassies in Delhi, Mumbai, and Chennai, per the U.S. Embassy India.

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K-1 Visa Status Can’t Be Adjusted for Divorced Woman

A federal court supports a Board of Immigration Appeals ruling finding that a divorced woman is not able to remain in the U.S. on a K-1 marriage visa after the ex-husband withdrew his supporting affidavit.

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Asylum Seekers Identification Accidentally Made Public

The identification of 6,000 Asylum seekers was accidentally made public by U.S. Immigration and Customs Enforcement through their website earlier this week. Identifying information includes the names, locations, and immigration information for a list of individuals.

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