Business Immigration in a Minute by Honigman LLP

  • The Department of State recently released the August 2022 Visa Bulletin.  In addition to the final action dates and dates for filing charts for employment-based immigrant visa and adjustment of status cases, it contains notes on the diversity visa category. Notably, EB-3 India and China final action dates will advance by one month. EB-2 India and China final action dates will remain unchanged. Additionally, EB-3 India and China dates for filing will advance by approximately one month. All first employment-based preference countries of chargeability will remain current for August. For August 2022, employment-based applicants must use the final action dates chart for adjustment of status applications.

  • U.S. Citizenship and Immigration Services (“USCIS”) has published new Form I-9 guidance related to employees with E and L nonimmigrant status in the M-274, Handbook for Employers. Notably, the guidance provides instructions on how Form I-9 should be completed for L-2 and E-2 dependent spouses, as well as lists acceptable evidence of employment authorization for E and L dependent spouses.

  • U.S. Customs and Border Protection recently released Frequently Asked Questions (“FAQs”) about the Visa Waiver Program and the Electronic System for Travel Authorization (“ESTA”). The FAQs provide general information on who qualifies under the Visa Waiver Program and how to apply for ESTA. The FAQs are available here.

  • USCIS updated its FAQs on FY2022 employment-based adjustment of status applications and its efforts to use as many available visas as possible by the end of the fiscal year on September 30, 2022. Many of the updated FAQs answer questions related to transferring the underlying basis of I-485s.

  • The U.S. Department of Labor (“DOL”) recently updated its processing times for permanent labor certification (“PERM”) applications and prevailing wage requests. As of June 30, 2022, DOL is adjudicating ETA 9089 PERM applications filed in or before December 2021 and processing PERM prevailing wage requests filed in or before January 2022.

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