Weekly Immigration Update: December 30, 2022–January 5, 2023
January 5, 2023
In immigration news this week:
- Worldwide: As we enter the endemic phase of the COVID-19 era, travel restrictions and health requirements are waning based on growing vaccination initiatives, though some countries are imposing testing requirements for travelers from Mainland China, Macau SAR and/or Hong Kong SAR. We are tracking related updates on our COVID-19 website.
- United States: The federal immigration agencies released their regulatory plans for the coming months, which include continued plans to amend aspects of the H-1B program, to raise prevailing wages for the H-1B, H-1B1, E-3 and PERM programs, and to revise regulations governing certain aspects of Form I-485 Adjustment of Status applications, among others. A proposed Department of Homeland Security (DHS) fee schedule would increase filing costs for many immigration benefit petitioners and applicants, and particularly steeply for employment-based petitioners. The U.S. Centers for Disease Control and Prevention (CDC) has issued detailed guidance on implementation of the COVID test requirement for travel from mainland China, Hong Kong SAR, or Macau SAR, which took effect January 5. DHS has extended and redesignated Yemen for Temporary Protected Status for 18 months, from March 4, 2023 through September 3, 2024. DHS has also extended the suspension of certain employment authorization rules for Yemeni nationals in F-1 status.
- Saudi Arabia: The Professional Verification Scheme, originally launched in 2021, will be expanded in a third phase to select Indian nationals applying to work in certain technical-based professions.
- Minimum salary updates: Denmark, Israel, and Luxembourg have revised their minimum salary requirements. See our consolidated alert for details.
- European Union/Ukraine: The Netherlands has updated its guidance for temporary protection status holders. See our consolidated alert for details.
These items and other news from Australia, Bangladesh, Denmark, Iceland, India, Israel, Sri Lanka, the United Arab Emirates, the United States, and Zimbabwe follow in this edition of the Fragomen Immigration Update.
Important updates in immigration this week
United States, January 5, 2023
Immigration Agencies Announce Their Fall 2022 Regulatory Plans
- The Department of Labor has reconfirmed its plan to propose increases in prevailing wages for the H-1B and PERM programs, among others.
- The Department of Homeland Security continues to pursue proposed modernization of the H-1B program and changes to the adjustment of status process.
- The State Department has abandoned its plan to finalize a rule that would have eliminated use of the B-1 business visitor category in lieu of the H-1B and H-3 categories.
To view entire article, click here.
Saudi Arabia, January 4, 2023
Professional Verification Scheme Expanded
- The Professional Verification Scheme, originally launched in 2021, will be expanded in a third phase, to select Indian nationals applying to work in certain technical-based professions in Saudi Arabia.
- As a result, these individuals will soon need to undergo theoretical and practical tests to evaluate their skills before they can obtain an entry visa to Saudi Arabia, increasing processing times and costs for foreign nationals and employers.
- The expansion of the scheme may limit the pool of Indian nationals from which employers are able to recruit.
- The Ministry of Human Resources and Social Development is expected to announce an implementation date of this new phase shortly and it is expected that the program will continue to expand to additional nationalities and professions in later phases
To view entire article, click here.
United States, January 3, 2023
DHS Proposes Fee Rule with Significant Increases for Employment-Based Petitioners
- Under the new fee proposal, USCIS would increase and create separate fees for H-1B, L-1 and other nonimmigrant case types. The proposed H-1B fee increase is $780, from $460, a 70% increase. The proposed L-1 petition fee is $1,385, from $460 – a 201% increase.
- The fee for H-1B cap registration would increase to $215, from $10, per registration.
- A new Asylum Program Fee of $600 would be imposed on top of the newly increased Form I-129 and Form I-140 filing fees.
- The rule also includes proposals to lengthen the premium processing timeframe from 15 calendar days to 15 business days, and unbundle adjustment of status and ancillary benefit fees, among other measures.
- The proposed rule does not have an immediate impact on filing fees; USCIS is accepting public comments on its proposals through March 6, 2023.
To view entire article, click here.
United States, January 3, 2023
CDC Issues Guidance on New COVID Test Requirement for Travel from China
- The U.S. Centers for Disease Control and Prevention (CDC) has issued detailed guidance on implementation of the new COVID test requirement for travel from China, set to take effect on January 5.
- Under the guidance, airline passengers two years of age and older traveling from mainland China, Hong Kong, or Macau, as well as travelers from certain designated foreign transit hubs who have been in mainland China, Hong Kong, or Macau within 10 days prior to departure, must provide either a negative COVID test taken within two days before departure or documentation of COVID recovery in order to travel to the United States.
- The CDC guidance clarifies that documentation of recovery may be shown by either a positive COVID test more than 10 days but less than 91 days prior to departure, or a positive test within 10 days prior to departure and documentation that COVID symptoms began more than 10 days before departure.
- The CDC guidance also provides exemptions for travelers transiting China and for certain air crew, military, and law enforcement personnel, and a narrow exemption for CDC-approved humanitarian exceptions.
To view entire article, click here.
United States, December 30, 2022
DHS Extends and Redesignates Yemen for Temporary Protected Status, Extends Relaxed Employment Options for Yemeni F-1 Students
- The Department of Homeland Security has extended and redesignated Yemen for Temporary Protected Status (TPS), from March 4, 2023 through September 3, 2024.
- The initial registration period for new TPS applicants will run from January 3, 2023 through September 3, 2024. Eligible individuals will also be able to apply for TPS-related employment authorization documents (EADs) and travel permission during this time.
- Current Yemeni TPS beneficiaries who wish to extend their benefits will be required to re-register by March 4, 2023. Those whose EADs expire on March 3, 2023 or September 3, 2021 will receive an automatic extension, through March 3, 2024.
- DHS is also extending the suspension of certain employment authorization rules for Yemeni students in F-1 status who are experiencing severe economic hardship as a direct result of the crisis in Yemen.
To view entire article, click here.
Other weekly news briefs
Australia, January 4, 2022
New Zealand Stream Visa Suspended
Australia, January 5, 2022
Six-month Work Limitation for Working Holiday Makers Delayed
Bangladesh, January 5, 2022
Nationals of Saudi Arabia Eligible for Visas-on-Arrival
Denmark, January 4, 2022
Updates to Positive List of Shortage Occupations
Denmark, January 5, 2022
Certain Family Reunification Cases for Turkish Citizens Put on Hold
Iceland, January 4, 2022
Processing Fees Increase
India, January 3, 2022
PIO Card Validity Extended
Israel, January 5, 2022
Government Fees Increased
Israel, January 5, 2022
Proof of Settlement in Israel Again Required to Obtain Passport
Sri Lanka, January 3, 2022
Increase in Immigration-Related Fees
United Arab Emirates, January 5, 2022
Guidance Issued to Prevent False Emiratization
United Arab Emirates, January 5, 2022
Unemployment Insurance Scheme Opens and Deadline Extended for Subscription; Guidelines Clarified
United States, January 5, 2023
December 2022 DOL PERM and PWD Processing Times
Zimbabwe, January 4, 2022
New e-Passport Launched
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.