Immigration Update
Immigration News and Analysis
for Clients and Friends of Borene Law Firm
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Biden Administration Extends Temporary Protected Status (TPS) Special Immigration Relief to Ukrainian Nationals in the U.S. (New Policy Will Permit Ukrainian Nationals to Live and Work in the U.S. for 18 months.)
On March 3, 2022 the Secretary of the U.S. Department of Homeland Security (DHS) announced that Temporary Protected Status (TPS) is available for Ukrainian nationals who have been continuously physically present in the U.S. since March 1, 2022. Eligible people must apply, pay a filing fee and pass immigration screening. Those approved for TPS may not be removed from the U.S. and are not detainable by DHS based on their immigration status. TPS holders are also eligible to apply for Employment Authorization Documents (EADs).
In separate announcements, on March 1 and March 11, the U.S. Department of State provided guidance for Ukrainian nationals who are outside the United States on processing steps to apply for visas or humanitarian parole to lawfully enter the U.S.
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Prospects for Any New Major Immigration Legislation Before the Mid-Term Congressional Elections in November Appear to Have Stalled
The recent major government funding bill includes minimal changes in immigration funding and no substantial immigration policy changes. Chances for any Congressional changes to the U.S. immigration system appear doubtful for the rest of 2022. Depending on the results of the November Congressional election, there may be some movement in 2023 on new immigration laws, but any new laws will likely require bipartisan support to pass Congress.
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U.S. Immigration and Customs Enforcement (ICE) Changes Enforcement Priorities to Focus on Serious Crimes
Immigration enforcement priorities have changed from 2020 (the last year of the Trump Administration) to 2021 (the first full year of the Biden Administration). Of those arrested for immigration violations in fiscal year 2021, approximately 12,000 had been convicted of more serious crimes classified as "aggravated felonies" which includes violent crimes. The total number of people arrested who had serious crimes on their record doubled from fiscal year 2020 to 2021. Total immigration arrests and arrests of people with no criminal history dropped in fiscal year 2021.
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USCIS Changes Work Authorization Policy to Make Temporary Employment Authorization Faster and Easier for Spouses of L-1 Transferred Key Employees of Multinational Employers and for spouses of Key Employees of E-1 Treaty Traders and E-2 Treaty Investors
On March 18, 2022, U.S. Citizenship and Immigration Services (USCIS) issued a new Policy Alert confirming that spouses of L-1 transferred key employees of multinational employers or E-1 or E-2 key employees of employers that qualify as Treaty Traders or Treaty Investors will no longer be required to file a special form I-765 to seek employment permission in the U.S.
From now on, spouses of L-1, E-1 or E-2 principals will be automatically authorized to be employed in the U.S. "incident" to their L-1, E-1 or E-2 status. L-1, E-1 and E-2 spouses will no longer be required to file special form I-765 to seek employment permission
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Scott Borene named 2022
Lawyer of the Year
in Immigration Law, Minneapolis by
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Tip of the Month
New Announcement from USCIS Urges Eligible People to Apply for Adjustment of Status to Lawful Permanent Residence (Green Card) status during April 2022 due to Rapid Advance of Quota Date - The Advance Will Especially Benefit People from India in the Employment-Based Categories Who Have Been Waiting in Multiple Year Quota Backlogs.
On March 17, 2022, USCIS announced a rare one-full year advancement in the waiting line for Employment-Based green cards in the EB-2 category for India, advancing the priority date from September 1, 2013 to September 1, 2014. Anyone affected by this change is strongly encouraged to apply.
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For the latest Official Processing Times from United States Citizenship and Immigration Services for Visa Petitions and Immigration Applications
For the latest information from the U.S. Department of State on Immigrant Visa “Green Card” Quota Backlog (Priority) Dates
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Borene Law Firm In the News
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Borene Law Firm rated "AV Preeminent" in 2022 - "the highest possible Peer Review Rating in legal ability and ethical standards" for the 27th consecutive year from "the gold standard in attorney ratings" - The Martindale-Hubbell Law Directory, All Editions, 1994 - present.
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Scott Borene chaired the Expert Immigration Panel on "Global Work Visas" at the 2022 Minnesota State Bar Association's International Business Law Institute.
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Jeanne Kildow was an expert speaker on "Employment-Based Immigration Preference Categories"
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George Maxwell was an expert speaker on the topic of "Recent Trends in Employment Based Immigration" in a program sponsored by the
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Copyright Borene Law Firm, P. A., 2022
Immigration Update is a publication of:
Borene Law Firm
U.S. & Global Immigration
3950 IDS Center
Minneapolis, Minnesota 55402
United States of America
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The information in this Immigration Update should not be considered specific legal advice; it is intended for informational purposes only. Anyone seeking specific legal advice should contact an appropriately experienced lawyer for a confidential, personalized consultation. |
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