Weekly Immigration Update: September 7–14, 2023

United States, September 14, 2023
Federal District Court Invalidates DACA Regulation But Maintains Benefits for Current Grantees

• A federal district judge has ruled that the Biden Administration’s 2022 DACA regulation is unlawful on the grounds that it violates the Administrative Procedure Act — the same basis for an earlier ruling striking down the Obama Administration memorandum that created the program.
• The ruling maintains the status quo for current DACA beneficiaries, who preserve their deportation relief and employment authorization, and who can continue to submit applications for renewal of their benefits. No applications for new DACA benefits can be approved, however.

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United States, September 13, 2023
Budget Impasse Could Lead to Federal Shutdown, Though Some Immigration Processing Would Continue

• If appropriations legislation or a stopgap spending bill is not passed by Congress by September 30, 2023, the federal government will enter a partial shutdown on October 1.
• A shutdown would mean that fee-based immigration processing – including USCIS benefit and State Department visa and citizenship document processing – will continue, though with potential delays. However, the USCIS E-Verify and the Conrad 30 programs would expire if Congress fails to extend them.
• Department of Labor immigration functions such as LCA, prevailing wage and PERM processing would be suspended in a shutdown, until Congress passes a stopgap spending measure or a FY 2024 budget.

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United States, September 12, 2023
DHS Extends TPS Re-registration Periods for El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan

• The Department of Homeland Security has announced an extension of the Temporary Protected Status (TPS) re-registration periods for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan to 18 months. The re-registration periods were initially 60 days.
• Details on the TPS re-registration periods will be announced in upcoming Federal Register notices.
• The extensions do not change the previously announced TPS designation periods for these countries. They change the period during which existing TPS beneficiaries may re-register for TPS protection and related work authorization.

To view entire article, click here.

 

Slovakia, September 11, 2023
Temporary Foreign Police Closure to Delay All Immigration Applications

• Due to a growing backlog, all foreign police offices in Slovakia will be closed through September 30, 2023. During the closure, work and residence permit applications will not be processed or issued.
• The approval of submitted work permit applications will be delayed. Additionally, foreign nationals who have their work permit and visa will face delays when completing their residence permit process in Slovakia, since this involves the police office.
• Work permit and residence permit applicants will need to reschedule their police appointments when offices re-open.

To view entire article, click here.

 

Costa Rica, September 8, 2023
Increased Period of Stay for Group One Visitors

• The government of Costa Rica has published a resolution that increases the maximum period of stay in Costa Rica for visa-exempt tourists and business visitors who are part of Group One (as classified by the General Immigration Directorate) to 180 days for each visit, effective immediately.
• Group One countries currently include the United States and Canada, among others.
• Previously, the maximum allowable consecutive stay for visa-exempt visitors in Group One was 90 days.

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United States, September 8, 2023
Immigration Obligations During Strikes and Other Labor Actions: What Employers Need to Know

• With labor actions on the rise – including a possible autoworkers strike in the coming days – all employers of foreign workers need to be aware of their obligations and the impact to their nonimmigrant workforce during a labor strike or lockout.
• Even if their own workforce is not unionized, employers can be subject to strike-related compliance obligations if they have a vendor, contractor, or subcontractor relationship with an organization that is subject to a strike or lockout.

To view entire article, click here.

 

United Kingdom, September 7, 2023
New Statement of Changes Expands Youth Mobility Scheme, Offers New Guidance on ETA and EUSS

Among other updates, the new Statement of Changes:

• Expands the Youth Mobility Scheme in both the age range and duration of programs with Australia and Canada, and adds Andorra as a participant country;
• Eliminates health service debt as a ground for refusal for an Electronic Travel Authorisation (ETA) and defines the required documentation needed for certain individuals with legal residence in Ireland to be exempt from the ETA;
• Under the EU Settlement Scheme, removes the right of administrative review and eliminates some evidence requirements for dependent parents or children who have already been granted limited leave;
• Expands the list of benefits considered to be public funds;
• Allow for indefinite bans following deportation; and
• Expands list of circumstances when presence in the United Kingdom will not count as “lawful residence” for purposes of long residence.

To view entire article, click here.