Weekly Immigration Update: December 10–16, 2021
December 16, 2021
In immigration news this week:
- Worldwide: Jurisdictions around the world continue to adapt their coronavirus-related travel restrictions and health requirements based on several factors, including fluctuating infection rates and growing vaccination initiatives. Visit Fragomen’s COVID-19 website for the latest immigration updates.
- United States: The federal immigration agencies released their regulatory plans for the coming months, which include plans to amend aspects of the H-1B program, to expand the USCIS premium processing program, to expand the border security fee imposed on certain H-1B and L-1 employers, and to eliminate the use of the B-1 business visitor category in lieu of the H-1B category, among others. According to the January 2022 Visa Bulletin, EB-2 India and China will advance, while other employment-based categories will remain unchanged from last month.
- Mexico: Employers and foreign nationals should expect processing delays for all immigration applications filed in Mexico City and other National Immigration Institute (INM) branches over the next several months, as the INM prioritizes humanitarian visa applications.
- Minimum salary updates: Lithuania, the Netherlands, and Slovakia will update their minimum wage in January 2022. See this consolidated alert for more information.
These items and other news from Russia follow in this edition of the Fragomen Immigration Update.
Important updates in immigration this week
United States, December 16, 2021
January 2022 Visa Bulletin – Advancements in EB-2 India and China
- EB-2 India Final Action dates will advance by nine weeks to July 8, 2012. EB-2 China will advance by three weeks to January 22, 2019.
- EB-3 India and EB-3 China Final Action dates will remain unchanged from the previous month, at January 15, 2012 and March 22, 2018, respectively.
- EB-5 China (Non-Regional Center program) remains current next month.
- EB-1 China and EB-1 India will remain current next month.
- The January Dates for Filing remain unchanged from last month.
To view entire article, click here.
Mexico, December 14, 2021
Processing Delays for All Immigration Applications Expected as INM Prioritizes Humanitarian Actions and Control of Irregular Migration
- The National Immigration Institute (INM) is prioritizing the high volume of humanitarian visa applications submitted by foreign nationals currently in Mexico, which is causing immigration processing delays.
- As a result, foreign nationals and employers should expect processing delays for all immigration applications filed in Mexico City and other INM branches over the next several months, which may result in longer lead times for work and payroll start date and/or travel or other restrictions.
To view entire article, click here.
United States, December 13, 2021
Immigration Agencies Announce Their Regulatory Plans for the Coming Months
- The Department of Homeland Security (DHS) continues to support a proposed rule to amend aspects of the H-1B program, including a redefinition of the employer-employee relationship, rules for the longstanding site visit program, and clarification of petition amendment requirements. DHS is also planning an expansion of the border security fee imposed on certain H-1B and L-1 employers.
- A forthcoming DHS regulation, now under review at the Office of Management and Budget, is expected to implement recent legislation expanding the USCIS premium processing program.
- The Department of Labor has reconfirmed its plan to propose increases in prevailing wages for the H-1B and PERM programs, among others.
- A forthcoming State Department regulation seeks to eliminate the use of the B-1 business visitor category in lieu of the H-1B category.
- U.S. Immigration and Customs Enforcement plans to issue a proposed rule to permit optional alternatives to physical inspection of identity and work authorization documents in the Form I-9 verification process.
To view entire article, click here.
Other weekly news briefs
Russia: 2022 Work Permit Quota Published – Russian authorities published the 2022 work permit quota for Standard Work Permits at 124,007 spots, up 18.1 percent from the 104,993 quota for 2021. As before, quota exemptions apply to dispatchers, regime planning engineers, and other shortage occupations. No quota applies to Highly Qualified Specialist work permit applications and patent applications, the two main work authorization types.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.
