Weekly Immigration Update: October 7–13, 2022

United States, October 13, 2022
DHS to Nearly Double the Number of H-2B Visas Available in FY 2023

• DHS has announced that it will make available an additional 64,716 H-2B visas in Fiscal Year 2023, nearly doubling the number of H-2B visas that would otherwise be available this fiscal year.
• Of the additional visas, 20,000 will be reserved for nationals of El Salvador, Guatemala, Haiti, and Honduras, with the remaining 44,716 reserved for certain returning H-2B workers.
• The initiative will also include provisions designed to protect both U.S. and H-2B workers, along with the creation of a new “H-2B Worker Protection Taskforce.”
• DHS is expected to publish details on the initiative in the coming weeks.

To view entire article, click here.

 

Peru, October 13, 2022
Biometric Appointment Delays Impacting In-Country Initial Visa Applications

• High demand and application backlogs are causing biometric appointment delays for foreign nationals applying for in-country initial visas, including Appointed Worker, Resident Worker, and Mercosur Visas.
• For the next few months, foreign nationals applying for initial visas from within Peru, and their employers, should account for delays in work start dates, as all in-country initial visa options involve submitting biometrics.
• Furthermore, foreign nationals who file their in-country initial visa application but cannot schedule a biometrics appointment will face travel restrictions, since Exit Permits (which are issued to foreign nationals with pending immigration applications in order to travel) are only issued after a biometrics appointment is scheduled

To view entire article, click here.

 

United States, October 11, 2022
ICE Extends Interim COVID-19 Flexibility for Form I-9 Compliance Through July 31, 2023

• Due to the ongoing COVID-19 emergency, U.S. Immigration and Customs Enforcement is extending its flexible I-9 document inspection policy through July 31, 2023.
• Eligible employers will continue to be permitted to review I-9 identity and employment authorization documents without conducting a physical inspection until the interim policy expires or until three days after the COVID-19 emergency is over, whichever comes first.
• Employees onboarded on or after April 1, 2021 whose I-9s were completed without physical inspection of their documents must have their documents inspected in person once they begin working non-remotely on a “regular, consistent, or predictable basis.”

To view entire article, click here.

 

Costa Rica, October 10, 2022
Residence Card Appointments Suspended Until 2023

• The General Immigration Directorate is canceling appointments to obtain initial or renewed Residency Identity Cards (DIMEX) until January 2023, due to a shortage of materials.
• As a concession, the government will allow foreign nationals to maintain their legal status in Costa Rica without a valid DIMEX, as long as they have booked an appointment with the General Immigration Directorate in 2023.
• However, foreign nationals without a valid DIMEX may face restrictions in traveling abroad; initiating certain government services, such as obtaining a driver’s license; and initiating financial processes, such as opening a bank account

To view entire article, click here.

 

United States, October 7, 2022
November 2022 Visa Bulletin – Most Employment-Based Categories Hold Steady; USCIS to Accept Employment-Based Adjustment Applications Based on Dates for Filing

• In November, 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 EB-1, EB-2, and EB-3 Professionals and Skilled Workers will remain unchanged in November.
• The Department of State’s November Visa Bulletin raises the possibility that a worldwide cut-off date for EB-2 might need to be established at some point in the coming months.

To view entire article, click here.