Upcoming Monthly Seminar – April 15, 2023!
The next seminar will be April 15, 2023, and will start at 9:30am. After the seminar, attendees will be given the opportunity to have a free general consultation with our experienced immigration attorney. Seating is limited, so please call our office to sign up for our next seminar.
DOL Gives OSHA Authority to Provide T and U Visa Certifications
On February 13, 2023, The U.S. Department of Labor (DOL) granted the Occupational Safety and Health Administration (OSHA) the authority to issue certifications in T and U nonimmigrant status visas starting March 30, 2023. The T and U Visas allow qualifying victims of specific crimes to help law enforcement detect, investigate, and prosecute crimes without fear of something happening to them because of their immigration status. Normally, only law enforcement, like a police officer or the sheriff, can issue a visa certification; however, this new policy will allow OSHA to issue visa certifications during its workplace safety investigations when a criminal activity is identified, i.e. extortion, forced labor, obstruction of justice, felonious manslaughter, and trafficking. This means more workers will be able to voice their concerns with safety without fear of a negative outcome.
DACA Update – Federal Government Argues that Texas Court Can’t Cancel DACA Nationwide
On October 5, 2022, the U.S. Court of Appeals for the Fifth Circuit issued a decision to end the 2012 Deferred Action for Child Arrivals (DACA) policy agreeing with the lower court. However, at the same time it allowed the partial stay of the decision and sent the case back to the district court for further proceedings regarding the new DACA regulation that went into effect on October 31, 2022. On March 2, 2023, the Biden Administration filed a motion for summary judgment arguing that Texas was the only state to offer any evidence that it was injured by DACA, and so any order by the Judge should not apply nationwide. Further, the federal government argued that only the Supreme Court can prevent or end federal government policy.
What does this mean for those who have already been granted DACA?
The 2022 decision does not affect those who currently have DACA or DACA-related Employment Authorization Documents. U.S. Citizenship and Immigration Services (USCIS) is still accepting and processing renewal DACA requests, accompanying requests for employment authorization, and applications for advance parole for current DACA recipients.
What does this mean for those who want to request DACA for the first time?
USCIS will continue accepting, but not granting, first-time DACA requests.
USCIS to Reduce the Number of Children Aging Out of Green Card Eligibility
For over twenty years, the Child Status Protection Act (CSPA) has allowed some children who turned 21 to preserve their green card eligibility by “locking” their age at under 21. However, when the State Department created the “Final Action Dates” and “Dates for Filing” charts in the Visa Bulletin, it was unclear who could receive CSPA eligibility. On February 14, 2023, USCIS updated its policy to no longer distinguish between the two charts for CSPA eligibility. Instead, the agency will calculate the CSPA age at the same time and in the same manner as it calculates visa availability. This decision applies to adjustment of status applications decided on or after February 14, 2023. Noncitizens whose adjustment of status applications were denied could file a motion to reopen (Form I-290B) with the agency.
The Biden Administration Proposes New Rule on Asylum
On February 21, 2023, the Biden Administration proposed a rule to limit asylum eligibility. The rule is proposed to begin in May 2023 and expire after two years. It would require migrants to enter the country on parole, make an appointment to arrive at a port of entry, or show they applied for but were denied asylum in a third country on the way to the U.S.-Mexico border. Migrants who do not meet the requirement will be ineligible for asylum and subject to removal and a five-year reentry ban. The rule would have exceptions for: medical emergencies, noncitizens subject to an imminent and extreme threat to life or safety, and unaccompanied minors. The proposal is currently subject to a 30-day public comment period.
Haiti Temporary Protected Status Extension and Redesignation
The Department of Homeland Security (DHS) has posted a notice for the extension and redesignation for Haiti for Temporary Protected Status (TPS) for 18 months, from February 4, 2023, through August 3, 2024. This allows nationals of Haiti (and individuals having no nationality who last habitually resided in Haiti) who have continuously lived in the United States since Nov. 6, 2022, and who have been continuously physically present in the United States since Feb. 4, 2023, to apply for TPS. Those individuals who currently have TPS for Haiti and are trying to avoid a gap in their employment authorization documents can re-register before March 27, 2023.
USCIS is Redesigning the Naturalization Test
On March 3, 2023, USCIS held a national meeting regarding its initiative to change parts of the naturalization test. This is only a trial. And it is an effort by USCIS to update the content and format of both the speaking and civics portions of the test. Any naturalization test taken while the trial is ongoing will not affect any naturalization application that is submitted to USCIS.
Visa Bulletin Update – March 2023
For all family-sponsored preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for March 2023. If the applicant has a priority date earlier than the one in the chart, they can begin submitting their documents. F2A applicants can file applications, regardless of their priority date, as indicated by the “C” category on the chart.
DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS
