• Ashenberg Law Group

October 2022 Newsletter

Read Original

 

IMMIGRATION UPDATES

 

1. October 2022 Visa Bulletin: Slow Advancement in EB-2 China, EB-3 China and EB-3 India, Significant Retrogression in EB-2 India, and No Advancement in Family-based Categories


The U.S. Department of State (DOS) released the Visa Bulletin for October 2022, which shows slow advancement in EB-2 China, EB-3 China and EB-3 India, significant retrogression in EB-2 India, and no advancement 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 advances to June 8, 2019; India retrogressed to April 1, 2012. All other countries are current.

  • EB-3 Professional and Skilled Workers: China advances to June 15, 2018; India advances to April 1, 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” chart.

The October 2022 Visa Bulletin can be found here.


2. Extension of Temporary Waiver of 60-Day Rule for Civil Surgeon Signatures on Form I-693


On September 29, 2022, USCIS announced that it is extending the temporary waiver of the requirement that the civil surgeon sign Form I-693, Report of Medical Examination and Vaccination Record, no more than 60 days before an applicant files an application for the underlying immigration benefit (including Form I-485, Application to Register Permanent Residence or Adjust Status).


This temporary waiver has been extended to March 31, 2023.


USCIS’ alert can be found here.


3. USCIS Extends Green Card Validity Extension to 24 Months for Green Card Renewals


On September 28, 2022, USCIS announced that it is automatically extending the validity of green cards to 24 months for lawful permanent residents who file Form I-90, Application to Replace Permanent Resident Card, effective September 26, 2022.


USCIS’ alert can be found here.


4. USCIS to Implement Next Phase of Premium Processing for Certain Previously Filed EB-1 and EB-2 Form I-140 Petitions


On September 15, 2022, USCIS announced that it is implementing the next phase of the premium processing expansion for certain petitioners who have a pending Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications. This expansion of premium processing only applies to certain previously filed Form I-140 petitions under the EB-1C, and EB-2 National Interest Waiver (NIW) categories.


The next phase of the premium processing expansion is as follows:

  • Beginning September 15, 2022, USCIS will accept premium processing requests for EB-1C petitions received on or before January 1, 2022.

  • Beginning September 15, 2022, USCIS will accept premium processing requests for NIW petitions received on or before February 1, 2022.

USCIS’ alert can be found here.


5. DHS Publishes Public Charge Rule, Codifying Current Policy


On September 8, 2022, DHS issued a final rule published in the Federal Register that provides clarity and consistency for noncitizens on how DHS will administer the public charge ground of inadmissibility. This rule will be effective December 23, 2022.


Under this final rule, a noncitizen is ineligible to receive a green card if they are determined likely to become primarily dependent on the government by either: 1) the receipt of public cash assistance for income maintenance; or 2) by long-term institutionalization at government expense.


DHS’ alert can be found here.