Insights

Weekly Immigration Update: September 30–October 6, 2022

October 6, 2022

In immigration news this week:

Worldwide: Jurisdictions around the world continue to adapt their coronavirus-related travel restrictions and health requirements based on several factors, including fluctuating infection rates and growing vaccination initiatives. Visit Fragomen’s COVID-19 website for the latest immigration updates.
United States: A stopgap spending measure passed by Congress will fund the U.S. government – including E-Verify and the Conrad 30 program – through December 16, 2022, as Congress considers federal budget legislation to fund the government for the full FY 2023. The U.S. Court of Appeals for the Fifth Circuit upheld a lower court’s finding that the Department of Homeland Security’s 2012 memorandum establishing the Deferred Action for Childhood Arrivals (DACA) program is substantively and procedurally unlawful, but the Court of Appeals has returned the case to the lower court to consider the legality of the DACA regulation recently promulgated by the Biden Administration. The Fifth Circuit’s ruling preserves the current stay that allows current DACA beneficiaries to continue to maintain and renew DACA status. Foreign nationals who wish to enter the FY 2024 Diversity Visa lottery have until November 8 at noon EST to register online at the State Department’s official Diversity Visa lottery website.
Malaysia: The Malaysian government has launched a new short-term Social Visit Pass program called PLS@XPATS, which allows foreign nationals to work in Malaysia in certain sectors for up to 30 days.
Ecuador: A two-year temporary residence visa for digital nomads (Visa Nómada) is now available. The visa allows foreign nationals who own a company, or work for or provide services to a company or person outside Ecuador the option to reside in and work remotely from Ecuador without local sponsorship.
Minimum salary: Poland confirmed the 2023 minimum wage increases. See our consolidated alert for details.
EU/Russia: The European Commission has issued guidance for more consular and entry scrutiny for Russian citizens. Finland now bans Russian citizens from entry for tourist or transit purposes. Poland no longer permits tourist or business entry to Russian citizens from non-Schengen countries. Lastly, the Danish Embassy in Moscow is temporarily closed for all types of visa and residence permit applications. See our consolidated alert for details.

These items and other news from Brazil, the European Union, France, Hong Kong SAR, Kenya, Norway, Poland, Portugal, Qatar, Russia, Rwanda, Saudi Arabia, Slovakia, Tanzania, the United Arab Emirates, and the United States follow in this edition of the Fragomen Immigration Update.

Important updates in immigration this week

United States, October 6, 2022
Fifth Circuit Affirms Lower Court’s Ruling Against DACA But Remands to Lower Court in Light of New DACA Regulation and Preserves Status Quo for Current DACA Beneficiaries

On October 5, the U.S. Court of Appeals for the Fifth Circuit upheld a lower court’s finding that the Department of Homeland Security’s 2012 memorandum establishing the Deferred Action for Childhood Arrivals (DACA) program is substantively and procedurally unlawful, but the Court of Appeals has returned the case to the lower court to consider the legality of the DACA regulation recently promulgated by the Biden Administration.
The Fifth Circuit’s ruling preserves the current stay that allows current DACA beneficiaries to continue to maintain and renew DACA status.