Weekly Immigration Update: April 13–20, 2023

United States, April 19, 2023
USCIS Extends Temporary Suspension of Biometrics Collection for Some H-4, L-2, and E Derivative Applicants; Confirms Forthcoming Permanent Biometrics Exemption for All I-539 Applicants

• Through September 30, 2023, USCIS will continue to suspend the biometrics collection requirement for applicants seeking H-4, L-2, and E derivative changes of status and extensions of stay on Form I-539. The temporary suspension had been set to terminate on May 17, 2023.
• According to USCIS, in the coming months, the agency will create a permanent biometrics exemption for all Form I-539 applicants.

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Canada, April 19, 2023
Strike Affecting Immigration Processing

• Members of the Public Service Alliance of Canada (PSAC), Canada’s largest public sector union representing over 150,000 public employees, started a strike on April 19, 2023.
• As a result, most services provided by the government of Canada are now fully or partially disrupted, including most immigration services provided by Immigration, Refugees and Citizenship Canada (IRCC), Employment and Social Development Canada (ESDC), and Passport Canada.
• The strike could also result in longer wait times at Canadian ports of entry, including airports and land crossings.
• Employers and foreign nationals should submit necessary immigration applications early to prepare for potential delays.

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Hong Kong SAR/Macau SAR/Mainland China, April 18, 2023
New Visa for Talented Individuals from China’s Greater Bay Area Announced

• The Chinese government announced that residents of the nine mainland cities in the Guangdong-Hong Kong SAR-Macau SAR Greater Bay Area (GBA) can now apply for a new "talent R visa" to enter Hong Kong SAR and Macau SAR.
• Eligible applicants under six categories, including those who have made outstanding contributions to the development of the GBA, or to education or health, among others that are recognized by Chinese authorities, are eligible to apply for the new visa.
• Eligible applicants can apply for travel endorsements that will allow them to stay up to 30 days in either Hong Kong SAR or Macau SAR with validity periods ranging from one to five years, depending on their category.

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United States, April 14, 2023
May 2023 Visa Bulletin Update: USCIS to Honor Final Action Dates for Employment-Based Categories

Next month, USCIS will accept employment-based adjustment of status applications from foreign nationals with a priority date that is earlier than the Final Action Dates listed in the State Department’s May 2023 Visa Bulletin.

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United States, April 13, 2023
May 2023 Visa Bulletin: EB-2 and EB-3 Retrogression for All Countries, Except China and India; EB-3 China Advances; and in Coming Months, EB-1, EB-2, and EB-5 for India and EB-1 China Likely to Retrogress

• Next month, EB-1 India and China will maintain their Final Action cutoff date of February 1, 2022, and Dates for Filing cutoff date of June 1, 2022.
• The EB-2 India Final Action and Dates for Filing cutoff dates will remain at January 1, 2011, and May 1, 2012, respectively.
• The EB-2 Final Action cutoff date for all countries except India and China will retrogress by four and a half months to February 15, 2022. Their Dates for Filing cutoff date will remain at December 1, 2022.
• The EB-3 China Professional/Skilled Worker category will advance by five months to April 1, 2019 for Final Action, and by four months to June 1, 2019 for Dates for Filing.
• The EB-3 India Professional/Skilled Worker Final Action date will remain at June 15, 2012, and the Dates for Filing cutoff will remain at August 1, 2012.
• The State Department anticipates retrogressions for EB-1 India and China in the coming months and for EB-2 and EB-5 India as early as June.

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