Immigration Update

Immigration News and Analysis
for Clients and Friends of Borene Law Firm

Biden Announces New Special Temporary Immigration Process for 100,000 Ukrainians and Others Forced to Flee From Russian Attacks

On April 21, 2022, President Biden announced a new Temporary Immigration Humanitarian Parole program to help 100,000 Ukrainian citizens and others fleeing Russian aggression. The new program called "Uniting for Ukraine" will require that each applicant provide evidence in advance that a qualified U.S.-based individual sponsor will agree to provide financial support to each applicant for temporary humanitarian parole. Individuals approved under the new process will initially be permitted to live in the United States for up to two years and, after arrival in the U.S., will be eligible to apply to USCIS for employment authorization. It is possible that the authorized period of stay in the U.S. may be extended in the future.

Read from the U.S. Citizenship and Immigration Services, USCIS Provides Information on Uniting for Ukraine

Read from the U.S. Department of Homeland Security, Implementation of the Uniting for Ukraine Parole Process
More Than 483,000 Applicants Registered for March 2022 H-1 Lottery - Record Competition for This Year's Quota-Subject H-1 Work Visas

In mid-April, U.S. Citizenship and Immigration Services (USCIS) announced that it had initially selected the 127,600 registrations projected as needed to reach the FY 2023 85,000 numerical limit on new quota-subject H-1's. In 2021, USCIS conducted two additional rounds of selected registrations in July 2021 and November 2021. Additional selection rounds are also possible later this year. Some selected H-1 registrants every year fail to complete the H-1 process due to withdrawn applications, denials by USCIS adjudications officers and for other reasons. For unsuccessful H-1 lottery participants, many other work visa options are available for qualified candidates. (Read sidebar, "Where Can You Go When The H-1 Quota Says No?")

Read from U.S. Citizenship and Immigration Services, H-1B Electronic Registration Process

Read from U.S. Citizenship and Immigration Services, FY 2023 H-1B Cap Season Updates

USCIS Issues New Rule to Expand Availability of Extra Fast "Premium Processing"

On March 30, 2022, U.S. Citizenship and Immigration Services (USCIS) published a new Final Rule expanding "Premium Processing" eligibility to include additional categories of immigration applications. Currently, certain I-129 Temporary Work Visa Petitions and certain I-140 Permanent Immigrant Visa categories are eligible for "Premium Processing". "Premium Processing" enables petitioners (usually employers) to dramatically speed up adjudication for visa petitions from 3-6 months or longer to 15 days or less by payment of a $2,500 Premium Processing fee.

New categories of applications and petitions to become eligible for Premium Processing include: (1) Additional Form I-140 categories - EB-1 Multinational Executives and Managers and EB-2 Members of Professions with Advanced Degrees or Exceptional Ability Seeking a National Interest Waiver, (2) Form I-539 (Change of Status) Application for F-1, J-1 and M-1 students and exchange visitors, and (3) certain Form I-765 Applicants for Employment Authorization. The new categories are expected to be phased in over a period of several months.


New Guidance Memorandum Directs Immigration and Customs Enforcement (ICE) Lawyers to Reduce Civil Immigration Court 1.7 million Case Backlog by Administratively Closing Low-Priority Cases. New Enforcement Focus is National Security, Border Security and Public Safety Threats.

On April 3, 2022, the Office of the Principal Legal Advisor (OPLA) to U.S. Immigration and Customs Enforcement (ICE) issued a new 17-page Guidance Memorandum directing that all OPLA attorneys should give highest priority to prosecuting Civil Immigration Law Cases that involve Priority A - Threat to National Security, Priority B - Threat to Public Safety or Priority C - Threat to Border Security.

Cases that are not high priority should be considered for administrative closure so that scarce prosecution and court enforcement resources can be focused on top priorities. It is estimated that more than 700,000 cases now pending in the U.S. immigration court system may be eligible to be administratively closed under the new policy guidance. Overall, there are more than 1.7 million cases currently in the U.S. immigration court backlog.

Scott Borene named 2022
Lawyer of the Year
in Immigration Law, Minneapolis by

Tip of the Month

"Where Can You Go When the H-1 Quota Says No?"

There Are Many Other Work Visa Options

If you are an employer who missed out on this year's H-1 quota, there are still many other work visa options to legally "fill the gap" until October 1, 2023 when the new FY 2024 H-1 quota reopens.

Other work visa options include TN, E-3, L-1, O-1, E-2, F-1, J-1, J-2, L-2, Q-1, CPT or OPT work permission and many more.

For more details about other work visa options, read our FAQs.


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
Borene Law Firm In the News
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.
Scott Borene chaired the Expert Immigration Panel on "Global Work Visas" at the 2022 Minnesota State Bar Association's International Business Law Institute.

Jeanne Kildow was an expert speaker on "Employment-Based Immigration Preference Categories"
at the American Immigration Lawyers Association (AILA) National Annual Conference

George Maxwell was an expert speaker on the topic of "Overcoming COVID-19 Challenges: Creative Solutions for Nonimmigrant Visa Processing and Global Travel" in a program sponsored by the

Scott Borene recognized by other lawyers as 2022 Immigration Lawyer of the Year in Minneapolis as noted by

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
Phone: 612.321.0082
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.