Immigration News Update — Late May 2022

Extra 35,000 H-2B Visas Obtainable for Second Half of Fiscal Yr

The Departments of Homeland Safety (DHS) and Labor (DOL) introduced a short lived closing rule making out there a further 35,000 H-2B short-term nonagricultural employee visas through the second half of fiscal yr (FY) 2022. The visas are for U.S. employers looking for to make use of extra employees on or after April 1, 2022, via September 30, 2022.

The supplemental H-2B visa allocation consists of 23,500 visas out there to returning employees who acquired an H-2B visa or have been in any other case granted H-2B standing throughout one of many final three fiscal years. The remaining 11,500 visas are reserved for nationals of El Salvador, Guatemala, Honduras, and Haiti, no matter whether or not they’re returning employees. The semiannual cap of 33,000 visas for the second half of FY 2022 was reached on February 25, 2022.

In help of the short-term closing rule, the Workplace of Overseas Labor Certification (OFLC) posted a brand new Type ETA-9142-B-CAA-6 and accompanying directions. The TFR requires an employer to attest, amongst different issues, to the truth that it’s struggling irreparable hurt or will undergo impending irreparable hurt with out the power to make use of the entire H-2B employees requested below the cap enhance. This attestation should be submitted to U.S. Citizenship and Immigration Companies together with Type I-129 in help of an H-2B software topic to the H-2B cap by September 30, 2022.

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Again to Prime

DHS Declares TPS Designation, Registration Course of for Afghans

The Division of Homeland Safety has supplied data on the way to register for short-term protected standing (TPS) below Afghanistan’s 18-month designation. The registration interval started on Could 20, 2022, and runs via November 20, 2023. USCIS estimates 72,500 people at present in america could also be eligible for TPS below the designation of Afghanistan.

To be eligible for TPS below this designation, people should display their steady residence in america since March 15, 2022, and steady bodily presence in america since Could 20, 2022. Afghan nationals at present not residing in america or who arrived in america after March 15, 2022, usually are not eligible for TPS below this designation.

DHS stated that via Operation Allies Welcome, most Afghan nationals who arrived as a part of the evacuation effort have been paroled into america on a case-by-case foundation for humanitarian causes for a interval of two years and acquired work authorization. These people may additionally be eligible for TPS.

Particulars:

• Designation of Afghanistan for Non permanent Protected Standing, DHS (USCIS), 87 Fed. Reg. 30976 (Could 20, 2022), https://www.govinfo.gov/content material/pkg/FR-2022-05-20/pdf/2022-10923.pdf
• USCIS information launch, Could 19, 2022, https://www.uscis.gov/newsroom/news-releases/dhs-announces-registration-process-for-temporary-protected-status-for-afghanistan
• “Secretary Mayorkas Designates Afghanistan for Non permanent Protected Standing,” DHS, Mar. 16, 2022, https://www.dhs.gov/information/2022/03/16/secretary-mayorkas-designates-afghanistan-temporary-protected-status

Again to Prime

June Visa Bulletin Contains Updates on ‘Different Employees,’ China, Range Visa Availability

The Division of State’s Visa Bulletin for June 2022 contains the next data:

1. Institution of Employment Third Desire “Different Employees” (EW) Closing Motion Date

Excessive quantity use within the Employment Third Desire “Different Employees” (EW) class has necessitated the institution of a worldwide closing motion date in June to carry quantity use inside the most allowed below the FY-2022 annual restrict. All international locations are topic to a closing motion date of 08MAY19 aside from China-mainland born, which is topic to a 01JUN12 closing motion date and India, which is topic to a 15JAN12 closing motion date.

1. Institution of C5 and T5 Closing Motion Date and Software Submitting Date for China-Mainland Born

It has turn into obligatory to ascertain a closing motion date and software submitting date for C5 and T5 China-mainland born as a result of enough demand has materialized as readers have been cautioned was a risk in Merchandise D of the Could 2022 Visa Bulletin. China-mainland born C5 and T5 candidates are topic to a 22NOV15 closing motion date and an software submitting date of 15DEC15.

1. Availability of Range Visas (DV)

Most areas have been set to “Present” for June 2022 in an effort to maximise quantity use through the DV-2022 program yr. Nevertheless, rank cut-offs could possibly be re-established for any area or nation in future months to maintain quantity use inside the relevant annual limits.

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Again to Prime

Federal Choose Blocks Effort to Finish Title 42 Coverage at U.S.-Mexico Border

Shortly earlier than the Facilities for Illness Management (CDC) was set to terminate its Trump-era COVID-19 pandemic restriction on the U.S.-Mexico border, referred to as “Title 42,” a federal choose in Louisiana blocked its termination briefly with a nationwide preliminary injunction. The choose discovered that a number of dozen Republican-led states have been prone to prevail on their claims towards terminating the coverage based mostly on the Administrative Process Act, and famous that termination would negatively have an effect on plaintiff states and the Division of Homeland Safety. He concluded that the coverage ought to proceed whereas the states’ lawsuit proceeds.

The Division of Justice plans to enchantment the choice whereas implementing the Title 42 coverage pending enchantment.

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