Weekly Immigration Update: February 10–16, 2023

United States, February 15, 2023
USCIS Revises Child Age-Out Calculation Policy to Benefit Some Adjustment of Status Applicants

• USCIS has revised its Child Status Protection Act (CSPA) policy so that fewer child adjustment of status applicants risk “aging out” of the ability to obtain a green card due to reaching age 21 and no longer qualifying as a “child” under relevant law.
• Under the new policy, USCIS will use the State Department Visa Bulletin “Dates for Filing” chart – instead of the less generous “Final Action Date” chart – for CSPA age calculations in cases where USCIS has permitted applicants to file their adjustment of status applications under the Dates for Filing chart.
• USCIS is applying the revised policy to adjustment of status applications adjudicated on or after February 14, 2023.
• Individuals who aged out under the prior policy may be able to reopen their adjustment of status denial in certain circumstances.

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United States, February 14, 2023
Ninth Circuit Vacates Order on TPS Termination for Several Countries, Agrees to Full Panel Rehearing

• The Ninth Circuit Court of Appeals has vacated an earlier decision that would have permitted DHS to terminate Temporary Protected Status (TPS) designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan, and has agreed to an en banc rehearing of the case.
• There is no immediate impact on TPS beneficiaries of the affected countries. In November 2022, DHS extended the TPS designations for the above countries through June 30, 2024.
• Haiti and Sudan also continue to benefit from subsequent, separate TPS designations, unlike the other countries. The new Haiti designation extends through August 3, 2024. The new Sudan designation extends through October 19, 2023.

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United States, February 14, 2023
March 2023 Visa Bulletin: Main Employment-Based Categories Hold Steady; USCIS to Accept Employment-Based Adjustment Applications Based on Dates for Filing

• In March, USCIS will continue to accept adjustment of status applications based on the monthly Visa Bulletin’s Dates for Filing Chart, rather than the Final Action Dates Chart.
• The Dates for Filing and Final Action Dates for the EB-1, EB-2, and EB-3 Professional/Skilled Worker categories will remain unchanged in March.
• The Department of State’s March Visa Bulletin raises the possibility that a worldwide cutoff date for the EB-3 Professional/Skilled Worker category may need to be established at some point in the coming months.

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Ireland, February 14, 2023
Immigrant Investor Program Closed for New Applications

• Effective February 15, 2023, at close of business, the Immigrant Investor Program (IIP) will close to new applications.
• Projects or individuals already approved under the IIP will not be affected and applications still under review as of that time will still be processed.
• Further, there are some projects which have not been formally submitted but which have been developed following contact with the IIP Unit of the Department of Justice. These projects will have three months to finalize and submit their applications.
• Additionally, investment funds approved and regulated by the Central Bank and the IIP which have not yet reached their minimum target size or subscription level will have three months to submit any remaining applications.

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United States, February 10, 2023
U.S. Visa Revalidation Pilot Coming This Year, State Department Official Says

• In an interview with Bloomberg Law, a State Department official said the agency would begin a pilot program this year to allow certain foreign nationals to revalidate expired and expiring visas in the United States, without the need to travel abroad and apply at a U.S. consulate overseas.
• Planned for later this year, the pilot is expected to be limited to certain H and L visa holders; other limitations are also possible.
• Full implementation of a stateside revalidation program is likely to take some time.

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