Weekly Immigration Update: August 13–19, 2021

Cap Reached for Remaining FY 2021 Returning Worker H-2B Visas

• On August 13, 2021, USCIS received enough H-2B petitions for returning workers under the remaining H-2B visas made available by a supplemental H-2B regulation for FY 2021.
• USCIS will reject and return any cap-subject petitions for H-2B returning workers received after August 13, 2021, along with accompanying fees.
• USCIS will continue to accept H-2B petitions for workers that are exempt from the cap. USCIS is also accepting cap-subject H-2B petitions for the first half of FY 2022 for employment start dates on or after October 1, 2021 and before April 1, 2022.

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Australia, August 19, 2021
New Rules Prioritize Applications for Certain Categories of Foreign Nationals and Employers

• The Australian government has issued new rules regarding the processing of Skilled Visa applications.
• Under the rules, the government will process with highest priority Temporary Skill Shortage (TSS) visas and other skilled visas for Hong Kong SAR or Hong Kong British National (Overseas) passport holders; with high priority for applications for sectors identified by the government as critically important during the COVID-19 pandemic and post-pandemic recovery; for employers party to a Global Talent Scheme agreement or who hold Accredited Status, among others.
• The government will also process skilled permanent visa applications, including Employer Nomination Scheme and Regional Employer Sponsored visas, in a certain priority order based on categories of applicants.
• The government will process the visa applications of groups identified as high priority faster than those of other categories. Significantly, within all priority groups, priority will be afforded to applicants who are in Australia ahead of applicants who are located outside of Australia.

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Australia, August 16, 2021
Final Report on Skilled Migration Program Published

The Joint Standing Committee on Migration has published the Final Report of the Inquiry into Australia’s Skilled Migration Program, including the following recommendations:

• Streamlining of intra-corporate transfers;
• Consolidation of skilled occupation lists;
• Additional pathways to permanent residence;
• Exemptions for labour market testing;
• Expansion of Skilling Australian Fund levy exemptions; and
• Greater concessions for regional Australia visas.

The Federal Government is reviewing the Final Report and will provide a response to the Committee’s recommendations soon. Eventually, these recommendations may become policy.

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United States, August 13, 2021
September 2021 Visa Bulletin: Solid Movement Across Most Employment-Based Categories for Final Month of FY 2021; USCIS to Honor Final Action Dates for Employment-Based Categories

• EB-1 China and EB-1 India will remain current. 
• EB-2 China will advance by three months to July 1, 2018, and EB-2 India will advance by three months to September 1, 2011.
• EB-3 India will advance by six months to January 1, 2014, while EB-3 China will remain at January 8, 2019.
• EB-5 China (Non-Regional Center program) will advance by one week to November 22, 2015.
• 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 September 2021 Visa Bulletin.

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Mexico, August 13, 2021
Stricter Rules for Registration Process Implemented

• Effective immediately, temporary or permanent residence applicants in Mexico City, Toluca and Guadalajara must visit the National Immigration Institute (INM) to complete biometrics within three days after the INM issues their registration approval letter. Applicants who do not comply with this new rule may have their file archived. If the applicant would still like to complete the process, they will need to petition the government, but they will not hold residence status during this period.
• Previously, applicants were not subject to a deadline to complete biometrics.
• This change affects foreign nationals who are registering their residency after arrival, obtaining a residence renewal or changing status to permanent residence, and is expected to be implemented by other INM branches soon.
• Affected applicants should remain in Mexico until they complete the entire formal registration process, which includes the submission of biometrics.

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