Business Immigration in a Minute by Honigman LLP

• The Department of State recently released the June 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 and DV-2022 results. Notably, EB-2 India final action dates will advance by one year, whereas EB-3 India final action dates will remain unchanged. Additionally, the dates for filing in the second and third preference categories will also remain unchanged from last month. All first employment-based preference countries of chargeability will remain current for June. Finally, it is important to note that for June 2022, employment-based applicants must use the final action dates chart instead of the dates for filing chart for adjustment of status applications.
  
  
• The Department of Homeland Security’s Office of the Citizenship and Immigration Services Ombudsman (“CIS Ombudsman”) is hosting a webinar on Thursday, May 26, 2022 from 1:00 to 2:15 PM ET to discuss U.S. Citizenship and Immigration Services’ (“USCIS”) efforts to use all available immigrant visa numbers for eligible employment-based adjustment applicants this fiscal year. The conversation will focus on immigrant visa priority dates, progress in processing employment-based green cards in different categories, and policy and operational initiatives aimed at maximizing visa usage and mitigating processing delays and their impact on USCIS’ customers. During the webinar, participants may submit questions and comments. To register, please click here.
  
  
• The U.S. Department of Labor (“DOL”) recently updated its processing times for permanent labor certification (“PERM”) applications and prevailing wage requests. As of April 30, 2022, DOL is adjudicating ETA 9089 PERM applications filed in or before October 2021 and processing PERM prevailing wage requests filed in or before October 2021.
  
  
• After two years of closure, the Poker Creek port of entry on the Alaska-Canada border will reopen for summer 2022. The port is scheduled to open on June 1, 2022 and close on September 1, 2022. The port will be open from 8 AM to 6 PM (Alaska Standard Time). U.S. Customs and Border Protection (“CBP”) encourages entrants to apply for their I-94 online and in advance, if needed.
  
  
• The American Immigration Lawyers Association reported that federal agencies have made some updates regarding employment authorization for L-2 and E-2 spouses. First, CBP is not adding the “S” to L-2 I-94 cards for foreign nationals ages 18 to 21 at time of entry due to uncertainty about whether they are dependent spouses or children. This subset of I-94s also cannot be updated through Deferred Inspection. As a result, L-2 spouses will need to have the “S” added to their I-94s on next entry to the United States by presenting evidence of their spousal relationship or through their next filing with USCIS. CBP is also unable to make this adjustment for E-2 spouses as it is not possible to distinguish between an E-2 principal and an E-2 dependent spouse. To seek the “S,” E-2 spouses will also need to follow the instruction above.  Additionally, USCIS is now issuing I-797 approval notices for L-2 and E-2 spouses that specifically state that the notice may be used to document work authorization and for completion of Form I-9.

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