H-1B 2022 Cap Lottery Registration Replace

It was a record-breaking 12 months for brand new H-1B visa cap submissions. USCIS has disclosed that greater than 483,000 registrations have been submitted within the March 2022 lottery for one of many 85,000 new H-1B visas for Fiscal 12 months 2023 (beginning October 1, 2022). This seems to be the most important variety of submissions for brand new H-1B visas in historical past. By comparability, US employers submitted 308,000 registrations in March 2021.

USCIS additionally chosen a file variety of registrations for additional motion (127,600) within the March 2022 lottery. By comparability, in March 2021 USCIS chosen solely 87,500 registrations. It added one other 43,000 choices in subsequent lottery rounds. The rise in preliminary choices for FY2023 suggests USCIS is making an attempt to keep away from the necessity for subsequent lottery rounds, as it’s extremely prone to fill the 85,000 quota for brand new H-1Bs from the 127,600 submissions already chosen.

Those that missed out on the FY2023 H-1B lottery shouldn’t delay planning for alternate options. People with F-1 OPT or STEM OPT work authorization legitimate till April 1, 2023 or later might profit from registering once more for the March 2023 H-1B lottery. Different frequent visa choices in lieu of the H-1B embody the J-1 trainee or inner visa for certified people, the O-1 visa for people with extraordinary potential, and TN visa standing for Canadian and Mexican nationals in related occupations. Present F-1 college students can also take into account re-enrolling at school to pursue a complicated diploma.

USCIS Will increase Automated Extension Interval of Sure Work Permits

As the consequences of COVID and different components proceed to impression USCIS operations and processing occasions, the company has introduced a short lived remaining rule that will increase the automated extension interval for Employment Authorization Paperwork (EAD) for sure renewal candidates to as much as 540 days (roughly 18 months). Efficient Could 4, 2022, this variation is meant to “assist keep away from gaps in employment for noncitizens with pending EAD renewal purposes and stabilize the continuity of operations for US employers.”

This non permanent remaining rule will profit people who have been beforehand eligible for an computerized EAD extension of 180 days, together with however not restricted to Non permanent Protected Standing (TPS) holders, E-2 spouses, L-2 spouses, and sure H-4 spouses. Specifically, the non permanent enhance is on the market to eligible renewal candidates with pending purposes if a Type I-765 renewal software was filed:

• Earlier than Could 4, 2022, and the 180-day computerized extension has since expired; or
• Earlier than Could 4, 2022, and the 180-day computerized extension has not but expired; or
• Between Could 4, 2022, and Oct. 26, 2023, inclusive of those dates.

Such candidates will now obtain an extra 12 months of labor authorization whereas ready for the approval of a pending EAD renewal. EAD renewal purposes filed after October 26, 2023 are anticipated to learn from the earlier 180-day extension.

Extension of Type I-9 Flexibilities because of COVID-19

The US Division of Homeland Safety (DHS) and US Immigration and Customs Enforcement (ICE) introduced an extension of the pliability in complying with Type I-9 necessities because of COVID-19. The non permanent steerage was set to run out on April 30, 2022, however due to ongoing precautions associated to COVID-19, DHS has prolonged the Type I-9 flexibilities till October 31, 2022. Further info concerning DHS’s Type I-9 flexibilities could be present in our January 2022 Immigration Replace.

Employers are inspired to arrange for in-person verification in the event that they relied upon or are relying upon a COVID-19 Type I-9 versatile coverage. When workers undertake non-remote employment on a daily, constant, or predictable foundation, or the COVID-19 Type I-9 flexibility coverage ends (whichever is earlier), employers should then full in-person verification. Employers have the discretion to begin the in-person verification course of earlier, but it surely have to be executed in a constant and non-discriminatory method throughout the workforce.

When finishing in-person verification following distant verification, employers ought to enter “COVID-19” and “paperwork bodily examined” with the date of inspection to the Part 2 Further Data subject on the Type I-9. DHS acknowledges that there could also be cases the place employers are unable to finish in-person verification following distant verification for workers employed for the reason that begin of the COVID-19 Type I-9 flexibility coverage on March 20, 2020. In such circumstances, DHS advises employers to memorialize the explanations for this incapacity in a memorandum retained with every affected worker’s Type I-9. DHS will consider the explanations on a case-by-case foundation, within the occasion of a Type I-9 audit.

Extension of eligibility date for TPS Ukraine

Earlier this 12 months, the Division of Homeland Safety (DHS) introduced that Ukraine was designated for TPS for 18 months. To qualify for TPS, a Ukrainian nationwide should meet sure standards, together with bodily presence in the US for the reason that efficient date of the TPS designation and steady residence within the US since a selected date.

The unique TPS announcement indicated that Ukrainian nationals who’ve constantly resided within the US since March 1, 2022, might apply for TPS. Not too long ago, DHS prolonged the arrival cutoff date to April 11, 2022. Consequently, Ukrainians who traveled to the US between March 1 and April 11 are actually in a position to apply for TPS.

EAD/AP Combo Playing cards

USCIS just lately introduced that it will start issuing EAD and Advance Parole (AP) playing cards individually for sure changes of standing candidates. Till this announcement, the USCIS issued a combo card for an adjustment of standing applicant that’s at the moment filed Type I-765 (Utility for Employment Authorization) and Type I-131 (Utility for Journey Doc). This new coverage is meant to cut back EAD processing occasions which can be at the moment backlogged and inflicting work authorization gaps for a lot of international nationals.

A international nationwide with an EAD card that doesn’t additionally function advance parole will solely have the ability to use their card for work authorization functions, to not journey overseas. A individually issued AP doc would cowl worldwide journey.

DHS extends COVID-19 vaccination necessities on the Canada and Mexico borders

DHS introduced that it’ll prolong its non permanent necessities and proceed to require non-US vacationers getting into the US by way of land ports of entry and ferry terminals on the US-Mexico and US-Canada borders to be absolutely vaccinated in opposition to COVID-19 and supply associated proof of vaccination upon request. These necessities apply to non-US vacationers who’re touring for each important and non-essential causes, however don’t apply to US residents, lawful everlasting residents, or US nationals.

Non-US vacationers getting into by way of land ports of entry and ferry terminals should proceed to:

• Verbally attest to their COVID-19 vaccination standing;
• Present, upon request, proof of a CDC-approved COVID-19 vaccination, as outlined on the CDC web site;
• Current a legitimate Western Hemisphere Journey Initiative (WHTI)-compliant doc, similar to a legitimate passport, Trusted Traveler Program card, or Enhanced Tribal Card; and
• Be ready to current another related paperwork requested by a US Customs and Border Safety (CBP) officer throughout a border inspection.

COVID-19 testing isn’t required to enter the US by way of a land port of entry or ferry terminal.