• Ashenberg Law Group

May 2022 Newsletter

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IMMIGRATION UPDATES

 

1. May 2022 Visa Bulletin: Advancement in EB-2 for India Nationals


The U.S. Department of State (DOS) released the Visa Bulletin for May 2022, which shows slow advancement in EB-2 and no advancement in EB-3 employment-based categories, and no movement in family-based categories. The cutoff dates for issuance of employment-based immigrant visas are as follows:

  • EB-1: All countries are current.

  • EB-2: China remains at March 1, 2019; India advances to September 1, 2013. All other countries are current.

  • EB-3 Professional and Skilled Workers: China remains at March 22, 2018; India remains at January 15, 2012. All other countries are current.

USCIS will accept all family-based and employment-based adjustment of status applications based on the “Dates for Filing” charts.

The May 2022 Visa Bulletin can be found here.


2. USCIS Implements Risk-Based Approach for Conditional Permanent Resident Interviews


On April 7, 2022, USCIS announced a policy update to adopt a risk-based approach when waiving interviews for conditional permanent residents (CPRs) who have filed a petition to remove the conditions on their permanent resident status.


Effective immediately, USCIS may waive the interview requirement if the USCIS officer determines there is sufficient evidence about the bona fides of the marriage, the joint-filing requirement is eligible for a waiver (if applicable), there is no indication of fraud or misrepresentation in supporting documents, there are no complex facts or issues to resolve, and there is no criminal history that would render the CPR removable.


USCIS’ alert can be found here.

 

OTHER ANNOUNCEMENTS & UPDATES

 

DHS Extends COVID-19 Vaccination Requirements for Non-U.S. Travelers Entering the United States via Land Ports of Entry and Ferry Terminals


On April 21, 2022, the U.S. Department of State (DOS) announced that it will continue to require non-U.S. individuals seeking to enter the U.S. by land or ferry for all purposes, including “essential” activities such as work, business or education, to be fully vaccinated against COVID-19 and to provide proof of vaccination.


U.S. citizens, U.S. lawful permanent residents and U.S. nationals are not subject to the vaccination requirement.


DHS’ alert can be found here.