DHS and DOL announced the availability of an additional 35,000 H-2B temporary nonagricultural worker visas during the second half of fiscal year (FY) 2022. The visas are for U.S. employers seeking to employ additional workers from April 1, 2022 through September 30, 2022.
This visa allocation consists of 23,500 visas available to returning workers who received an H-2B visa or were granted H-2B status during one of the last three fiscal years. The other 11,500 visas are for nationals of El Salvador, Guatemala, Haiti, and Honduras.
The additional H-2B visas will help fill seasonal work positions which will help with the current labor shortage in the United States. H-2B visas permit employers to temporarily hire noncitizens to perform nonagricultural labor or services within the country.
Important Changes Re EB-5 Investment Visa
USCIS published two new forms for regional center designation under the EB-5 Immigrant Investor Program: Form I-956, Application for Regional Center Designation, and Form I-956H, Bona Fides of Persons Involved with Regional Center Program.
Effective May 14, under the EB-5 Reform and Integrity Act of 2022, all entities seeking regional center designation must submit these forms in compliance with new program requirements.
Texas challenges Biden rule to speed up processing of asylum claims
On May 5, 2022, Texas challenged a Biden administration plan to quicken processing asylum claims to help with the current backlog. Under this new rule, asylum processing is expected to take a couple months, rather than several years. The Texas lawsuit challenges the rule by claiming it violates the Administrative Procedures Act.
The new rule would transfer authority from immigration judges to asylum officers. The asylum officers would be given additional authority, whereas immigration-judge would be limited to reviewing denials of applications.
Great news for EAD applicants!
Automatic Extension Time Period—Temporary Increase to up to 540 Days. Normally, DHS regulations provide for an automatic extension period of up to 180 days from the expiration date stated on the EAD. However, DHS has published a temporary final rule increasing the extension period.
Effective May 4, 2022, DHS is temporarily increasing the extension period and providing up to 360 days of additional automatic extension time, for a total of up to 540 days, to eligible renewal applicants.
Supreme Court to revisit ‘Remain in Mexico’ revival
The Supreme Court is hearing oral arguments over the Biden administration’s attempt to end the “Remain in Mexico” policy, also known as Migrant Protection Protocols (MPP).
The policy began in 2019 under the Trump administration and forced migrants to stay in Mexico while awaiting decisions for their immigration cases. Lower courts previously ruled that the Biden administration did not follow the rules when it tried to end the policy over humanitarian concerns.
The Justice Department warned that if the Supreme Court rules the administration cannot end the policy, then legal precedent may be set that could limit the power the executive branch has on immigration and foreign relations.
