U.S. Immigration Updates – Week Of December 5, 2022 + November 2022 Monthly Review – Work Visas

U.S. House to Vote on Phasing Out Per-Country Caps

According to reports, Rep. Steny Hoyer (D-MD) said the House of
Representatives is scheduled to vote on the Equal Access to Green
cards for Legal Employment (EAGLE) Act of 2022 (H.R. 3648), a bill
that would phase out per-country limits on employment-based green
cards and raise annual limits on family-based green cards.

The bill appears to have substantial bipartisan support,
although its prospects in the current session of Congress are
uncertain as the lame-duck period draws to a close. Similar
legislation passed the Senate unanimously in 2020 through a
fast-tracked process but could not be reconciled with the House
version.

In addition to eliminating per-country limits, the bill would
also:

• Establish nine-year transition rules for employment-based visas
  such as (1) reserving a percentage of EB-2 (workers with advanced
  degrees or exceptional ability) and EB-3 (skilled and other
  workers) visas for individuals not from the two countries with the
  largest number of recipients of such visas, and (2) allot a number
  of visas for professional nurses and physical therapists.




• Impose additional requirements on an employer seeking an H-1B
  visa, such as prohibiting (1) an employer from advertising that a
  position is only open to H-1B applicants or that H-1B applicants
  are preferred, and (2) certain employers from having more than half
  of their employees as nonimmigrant visa workers.




• Require the Department of Labor (DOL) to create a publicly
  available website where an employer seeking an H-1B visa must post
  certain information about the open position.




• Expand DOL’s authority to review and investigate H-1B
  applications for fraud or misrepresentation.




• Allow certain people to obtain lawful permanent resident status
  if they (1) are in the United States as a nonimmigrant, (2) have an
  approved immigrant visa petition, and (3) have waited at least two
  years for a visa.

SOURCES: ABIL Immigration Insider,
December 4, 2022 and

November 2022 Monthly Review

December 2022 Visa Bulletin: Updates

The Department of State’s (DOS) Visa Bulletin for December
2022 includes a variety of updates:

• The estimated employment-based annual limit will be 197,000 for
  fiscal year (FY) 2023.




• Establishment of final action dates and application filing
  dates for China and India will most likely be necessary in the
  coming months.




• DOS has deemed it necessary to establish a worldwide employment
  second preference final action and application filing dates
  effective in December. Except for China and India, all countries
  are subject to a final action date of 01NOV22 and an application
  filing date of 01DEC22.




• Fewer additional numbers will be available to India in the
  employment second preference category than originally estimated
  when the October and November final action and application filing
  dates were established. Therefore, further corrective action has
  been necessary to ensure that the limited supply of visa numbers is
  allocated by priority date.




• High demand in the employment fourth preference category has
  necessitated the establishment of a worldwide final action date and
  application filing date for December. Except for El Salvador,
  Guatemala, Honduras, and Mexico, all countries are subject to a
  final action date of 22JUN22 and an application filing date of
  22JUL22.




• Higher than expected demand in the employment fourth preference
  category for El Salvador, Guatemala, and Honduras may necessitate
  corrective action.

The Certain Religious Workers (SR) category is set to expire as
of December 16, 2022. No SR visas may be issued overseas, or final
action taken on adjustment of status cases, after midnight December
15, 2022. Visas issued prior to that date will be valid only until
December 15, 2022, and all individuals seeking admission in the
non-minister special immigrant category must be admitted into the
United States no later than midnight December 15, 2022. If
legislative action extends this category, the December dates will
be applied for the entire month. If there is no legislative action
extending this category, the category will become
“Unavailable” effective December 16, 2022.

SOURCES: ABIL Immigration Insider, November 20,
2022, and

USCIS Releases Tips on Avoiding Paper Filing-Related
Delays

On November 16, 2022, U.S. Citizenship and Immigration Services
(USCIS) released tips to avoid paper filing-related scanning
delays. USCIS said it scans and uploads many documents into
electronic database systems as it moves toward an increasing
electronic environment.

Examples of practices to avoid include attaching documents
together with staples, paper clips or other methods; folding
documents; using insertable tab dividers; submitting multiple
copies unless required; and sending original documents unless
required, among other tips.

SOURCES: ABIL Immigration Insider, November 20,
2022, and

E-Verify Reminds Employers to Terminate Former Employees’
Accounts

E-Verify recently reminded employers and program administrators
that an E-Verify user’s access “must be promptly
terminated upon separation from your organization.” A good
practice, E-Verify said, is to review and update existing users
whenever staffing changes occur and also on a regular basis.

User accounts should be deleted whenever a user is separated
from the organization or the user’s role no longer requires
access. Failure to promptly terminate user access upon separation
is a violation of the memorandum of understanding, E-Verify
noted.

E-Verify also notified program administrators that their
accounts are associated with their employers: “If you are
hired by a new employer, you will need to create a new account. You
are prohibited from using your old employer’s account to create
cases for a new employer.”

SOURCE: ABIL Immigration Insider, November 14,
2022:

E-Verify Operations Have Resumed and Preferred Dates Released
for Employees to Resolve Nonconfirmations

E-Verify has reminded employers that operations have resumed and
released preferred dates for employees to visit the Social Security
Administration (SSA) to resolve their Tentative Nonconfirmations
(TNCs) (mismatches of Social Security numbers). E-Verify said that
the timeframes are recommended, not required, but that all
employees must visit SSA to resolve their TNCs by September 29,
2023, or their cases will automatically get Final
Nonconfirmations.

The SSA provided the following information:

SOURCES: ABIL Immigration Insider, November 6,
2022, and

CBP Discontinuing Passport Entry Stamps and Transition to
Online I-94 Records

U.S. Customs and Border Protection (CBP) has automated the I-94
process for most nonimmigrants arriving by air and sea. According
to reports, this means that in many cases, foreign nationals no
longer receive an entry stamp in their passports at ports of entry
documenting their arrival.

Employers should advise their foreign national employees to
check the accuracy of their I-94 Arrival/Departure Records on the
U.S.
Customs and Border Protection (CBP) website soon after they
enter the United States, as errors are common. The site requires
the name, date of birth, and passport number. The I-94, not the
passport, visa, or prior approval notice, documents a
nonimmigrant’s status, approved length of stay in the United
States, and departure information.

In case of an I-94 error, there is an online CBP system for requesting corrections,
but some practitioners report months-long delays and agency
inaction. They recommend contacting the appropriate CBP office
directly or sending a Deferred Inspections email instead to get I-94
records corrected.

Earlier this year, CBP also announced that it is issuing
electronic I-94s at land ports of entry. For land arrivals, CBP is
no longer issuing paper I-94s to nonimmigrants upon arrival except
in limited circumstances and upon nonimmigrant request if feasible.
Nonimmigrants can access Form I-94s online at the CBP website or
via mobile application.

SOURCES: ABIL Immigration Insider, November 6,
2022, and

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