Weekly Immigration Update: June 9–15, 2023
June 15, 2023
In immigration news this week:
- 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, and to revise regulations governing certain aspects of Form I-485 adjustment of status applications, among others. The FY 2024 H-1B cap petition filing period closes on June 30; U.S. Citizenship and Immigration Services (USCIS) must receive all cap petitions by that date. USCIS is expanding premium processing eligibility in two phases to applicants seeking to change their status to F, M, or J on Form I-539. The Department of Homeland Security announced an 18-month extension of Temporary Protected Status (TPS) for El Salvador, Honduras, Nepal, and Nicaragua, and rescinded the prior administration’s termination of TPS for these countries.
- Australia: The Australian government has implemented the previously announced labour market testing requirement exemption for UK citizens and permanent residents seeking to work in Australia.
- Canada: A new Federal Pathway for permanent residence is now available with two immigration streams under the Economic Mobility Pathways Pilot (EMPP) for skilled refugees and other displaced individuals. Canada has also reinstated the biometrics requirement for permanent residence applicants even if they have provided biometrics within the past 10 years. These applicants were exempted during the COVID-19 pandemic. See our COVID website for details.
- Greece: A new law that takes effect January 1, 2024 codifies certain existing aspects of the Greek immigration process, implements the EU Blue Card and the Investor Residence Permit, and creates more streamlined application processes.
- Worldwide/Russia: Bulgaria has lifted the Short-term (type C) visa issuance suspension for Russian citizens. See our consolidated alert for details.
- Minimum salary updates: Malta has updated its minimum salary guidance. See our consolidated alert for details.
These items and other news from Australia, Bulgaria, the Republic of Congo, Germany, India, Israel, Mozambique, Oman, South Africa, Uganda, the United Arab Emirates, the United Kingdom, and the United States follow in this edition of the Fragomen Immigration Update.
Important updates in immigration this week
United States, June 15, 2023
Immigration Agencies Announce Their Spring 2023 Regulatory Plans
- The Department of Labor has significantly postponed its plan to propose increases in prevailing wages for the H-1B, PERM, and other wage-protected immigration programs; the proposal is now on the agency’s long-term agenda, slated for June 2024.
- The Department of Homeland Security continues to pursue proposed modernization of the H-1B program and changes to the adjustment of status process.
- U.S. Citizenship and Immigration Services has delayed to March 2024 the publication of a final rule that would increase filing fees for immigration benefit applications and petitions.
To view entire article, click here.
United States, June 14, 2023
DHS Extends Temporary Protected Status for El Salvador, Honduras, Nepal, and Nicaragua; Announces Withdrawal of TPS Terminations
- The Department of Homeland Security has announced an 18-month extension of Temporary Protected Status (TPS) for El Salvador, Honduras, Nepal, and Nicaragua.
- Details on applying for Temporary Protected Status under the extension will be announced in upcoming Federal Register notices.
- On Tuesday, the Department of Homeland Security said that it is rescinding the prior administration’s termination of TPS for El Salvador, Honduras, Nepal, and Nicaragua.
To view entire article, click here.
Canada, June 13, 2023
New Immigration Streams for Refugees and Displaced Persons
- The government of Canada has opened a new Federal Pathway for permanent residence with two immigration streams for skilled refugees and other displaced individuals under the Economic Mobility Pathways Pilot.
- One stream is tailored to candidates who have a job offer from a Canadian employer and the second stream is available to highly skilled refugees without job offers.
- Under the new Federal Pathway, Canadian employers can hire candidates who qualify to fill a wide range of in-demand jobs, including nurse aides, personal support workers, long-term care aides, software engineers, web designers, mechanical and electrical engineers and technicians, logistics and warehouse workers, tourism and hospitality workers, and truck and delivery service drivers.
- The new pathway provides a streamlined application process resulting in shorter processing times.
To view entire article, click here.
Australia, June 13, 2023
New Labour Market Testing Exemption for UK Citizens and Permanent Residents
- The Australian government has implemented the previously-announced labour market testing requirement exemption for UK citizens and permanent residents seeking to work in Australia.
- Employers seeking to hire UK citizens and permanent residents no longer need to complete a labour market test before applying for Temporary Skill Shortage (Subclass 482) Work Visas in Australia.
- Eligible applicants benefit from a streamlined process, saving approximately one to two months in the overall visa process due to the omission of the labour market testing requirement.
To view entire article, click here.
United States, June 12, 2023
USCIS Expands Premium Processing Eligibility to Applicants Seeking to Change Status to F, M, or J
- Starting June 13, USCIS will accept Form I-907 premium processing requests for those who have a pending Form I-539 application to change into F, M, or J status.
- Starting June 26, the agency will accept premium processing requests from those seeking to change into F, M, or J status when their Form I-907 is filed concurrently with the Form I-539 application.
- The Form I-907 fee for these newly eligible categories is $1,750, and the premium processing timeframe is 30 calendar days after USCIS receives all prerequisites for the adjudication, including biometrics.
- USCIS will accept both online and paper filings of Form I-907 for these applications as long as the Form I-907 submission method matches the Form I-539 submission method.
To view entire article, click here.
United States, June 12, 2023
H-1B Cap Petition Filing Period Closes June 30
- Employers have just a few more weeks to file petitions for foreign nationals selected in the FY 2024 H-1B cap lottery. USCIS must receive all cap petitions by June 30, 2023.
- It is not yet known whether USCIS will conduct a second lottery for cap employment in FY 2024. The agency is unlikely to announce a second lottery before July at the earliest, after it determines whether a sufficient number of H-1B cap petitions were filed by June 30 to meet the annual limit of 85,000.
To view entire article, click here.
Greece, June 9, 2023
Forthcoming Law to Create Investor Residence Permit and Streamline Immigration Processes
A new law that goes into effect in January 2024 will:
- Codify the electronic submission and issuance of residence permits and renewals;
- Eliminate the residence permit for managerial positions;
- Create an Investor Residence Permit; and
- Codify the implementation of the EU Blue Card in Greece.
To view entire article, click here.
United States, June 9, 2023
July 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 July 2023 Visa Bulletin.
To view entire article, click here.
Other weekly news briefs
Australia/India, June 9, 2023
Agreement Signed to Promote Mobility of Students, Graduates, Academic Researchers and Professionals
Bulgaria, June 12, 2023
Stricter Rules Introduced Regulating Residency by Investment Program
Republic of Congo, June 9, 2023
In-Country Medical Assessment Now Required for Foreign Nationals/Assignees to Obtain Embarkation Card for Offshore Activities
Germany, June 13, 2023
Suspension on Appeals of Visa Rejections in Some Countries
Israel, June 15, 2023
Strike Impacts Passport Issuance
Mozambique, June 12, 2023
New Visa Exemption Program Launched
Oman, June 14, 2023
Upcoming Deadline for Mandatory Registration of Employment Details
South Africa, June 15, 2023
Automatic Loss of South African Citizenship Declared Unconstitutional
Uganda, June 12, 2023
New Electronic Chip Passport Application Center Opened
United Arab Emirates, June 13, 2023
Deadline Extended for Employers to Meet Semi-Annual Emiratization Target
United Kingdom, June 13, 2023
Immigration Aspects of Trade Agreements with Australia and New Zealand Come into Effect in UK
United States, June 15, 2023
USCIS Policy Guidance on Employment Authorization Documents Based on Compelling Circumstances
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.