Business Immigration in a Minute by Honigman LLP

  • This is a reminder that the FY 2023 (10/01/2022-09/30/2023) cap-subject H-1B registration window closes this Friday, March 18, 2022 at 12:00 PM EDT. Please reach out to your Honigman LLP immigration attorney as soon as possible if you wish to have an electronic registration completed for an employee or prospective employee. United States Citizenship and Immigration Services (“USCIS”) will notify employers and their authorized representatives of selected registrations by March 31, 2022. 

  • USCIS recently announced that it has reached the 65,000 limit for the H-1B visa Regular cap petitions and the 20,000 limit for the H-1B visa Master’s cap petitions for FY 2022 (10/01/2021-09/30/2022). This means that USCIS will no longer accept H-1B cap-subject petitions for FY 2022. USCIS has completed sending non-selection notifications to myUSCIS registrants’ online accounts. USCIS will continue to accept and process cap-exempt petitions.

  • The U.S. Department of Labor (“DOL”) recently updated its processing times for permanent labor certification (“PERM”) applications and prevailing wage requests. As of February 28, 2022, DOL is adjudicating ETA 9089 PERM applications filed in or before September 2021 and processing PERM prevailing wage requests filed in or before September 2021.

  • In light of the Russian invasion of Ukraine, the U.S. Department of State announced that the U.S. Mission to Ukraine is not currently offering visa services. Effective immediately, Ukrainian immigrant visas will be processed at the U.S. Consulate General in Frankfurt, including diversity visas and K-1 visas. Nonimmigrant visa applications may be processed wherever a Ukrainian applicant is physically located and can schedule an appointment. Interested applicants should follow instructions on the respective U.S. embassy website to apply for a nonimmigrant visa. Further, the U.S. Department of Homeland Security announced the designation of Temporary Protected Status (“TPS”) for individuals from Ukraine for 18 months, provided that individuals meet the requirements of TPS eligibility. The designation takes effect upon publication of a forthcoming Federal Register notice, which will also include instructions for applying for TPS and an Employment Authorization Document.

  • As of April 30, 2022, E-Verify will no longer support the Internet Explorer 11 web browser. Users can instead access E-Verify using Apple Safari, Google Chrome, Microsoft Edge, or Mozilla Firefox.

  • USCIS recently released guidance on the required form of payment for H-1B and H-1B1 petitions. USCIS stated that for all H-1B and H-1B1 petitions received on or after April 1, 2022, USCIS will no longer accept a combined fee payment when Form I-539, I-765, or I-824 are filed together with an H-1B or H-1B1 petition. Each form must have its own payment instrument.

  • USCIS will host a listening session on Tuesday, March 15, 2022, from 2:00 – 3:30 PM ET to gather feedback on improving the citizenship and naturalization regulations and policy to enhance the process. USCIS provided topics of interest and questions for consideration to steer the session, which are available here. To register, please visit the USCIS website here.

  • USCIS announced that its website will now feature a Lockbox Filing Location Updates page where individuals can track when lockbox form filing locations are updated. Updates will also be emailed and announced on social media.

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