Weekly Immigration Update: November 11–17, 2022

United States, November 17, 2022
December 2022 Visa Bulletin Update – USCIS to Honor Dates for Filing 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 Dates for Filing listed in the State Department’s December 2022 Visa Bulletin.

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United States, November 16, 2022
December 2022 Visa Bulletin – EB-2 Retrogression for Most Countries and EB-3 Advancement for India and China; EB-1 India and China Likely to Retrogress in Coming Months

• An EB-2 Final Action cutoff date of November 1, 2022, and Dates for Filing cutoff date of December 1, 2022, will take effect next month for all countries except for China and India.
• The EB-2 India Final Action category will retrogress by more than six months to October 8, 2011. The EB-2 India Dates for Filing cutoff will remain at May 1, 2012.
• The EB-3 India Professional/Skilled Worker Final Action category will advance by more than two months to June 15, 2012, and the Dates for Filing cutoff will advance by one month to August 1, 2012.
• The EB-3 China Professional/Skilled Worker category will advance by six weeks, to August 1, 2018 for Final Action, and to September 1, 2018 for Dates for Filing.
• EB-1 India and China will likely retrogress in the coming months.
• The FY 2023 employment-based immigrant visa limit will be 197,000, as compared with 281,507 in FY 2022.

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Switzerland, November 16, 2022
Quotas to be Reintroduced for Croatian Nationals

• Switzerland will be re-introducing quotas for Croatian nationals in 2023 after the number of Croatian nationals applying for L and B permits surpassed the threshold defined in the relevant legal regulations.
• As a result, starting January 1, 2023, employers seeking to hire Croatian nationals to work in Switzerland under L and B permits will need to conduct labor market tests before hiring Croatian nationals, which can add up to eight weeks to the immigration process.

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United States, November 14, 2022
DHS Extends TPS for Several Countries

• The Department of Homeland Security will extend through June 30, 2024 the status and employment authorization documentation for TPS beneficiaries of El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. The current expiration date for these groups is December 31, 2022.
• TPS beneficiaries eligible for automatic EAD extensions to June 30, 2024 under the new announcement may complete or update their I-9 employment eligibility records by providing an employer with a copy of the Federal Register notice, an eligible expiring or expired TPS EAD, and any other required I-9 documents.
• Haiti benefits from a subsequent, separate TPS designation announced in August 2021. The new Haiti designation extends through February 3, 2023, and all those eligible are encouraged to register, including those with Haitian TPS under the prior designation.
• Sudan benefits from a subsequent, separate TPS designation announced in April 2022. The new Sudan designation extends through October 19, 2023, and all those eligible are encouraged to register, including those with Sudan TPS under the prior designation.

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