June 9, 2023 - Weekly Immigration News Update

Posted by Keshab R. Seadie | Jun 10, 2023 | 0 Comments


OFLC Continues to Provide Guidance on Form ETA-9089 in FLAG

The Department of Labor (DOL) has released a new form titled "Form ETA-9089, Final Determination." This form is specifically intended for use when submitting a Form I-140 petition to USCIS in support of a Schedule A or National Interest Waiver (NIW) petition. When submitting the form to USCIS, it is crucial to sign and submit a fully executed copy of page 2 along with Form ETA-9089 and the appropriate appendices. Please note that USCIS will only accept the signed version of the form sent by OFLC upon certification of the PERM application in support of Form I-140. Any other version of the form will be rejected.


ICE Issues Notice of Termination of SEVP COVID-19 Flexibilities

Following the termination of the COVID-19 public health emergency, ICE has announced the termination of SEVP COVID-19 flexibilities as of May 11, 2023. However, active F and M students will still be able to complete the 2022-23 academic year under the COVID-19 flexibilities through the 2023 summer semester. It is important to note that for the 2023-24 academic year, active F and M students will no longer be allowed to count online classes towards a full course of study beyond the regulatory limits. Initial or re-entering students must enroll in programs that comply with the regulatory limits for distance learning.


State Department July Visa Bulletin Update

According to the State Department's July Visa Bulletin, most employment-based immigrant visa categories will remain unchanged. However, EB-3 India will retrogress significantly, while other EB-3 countries (excluding China) will experience moderate retrogression. Please refer to the specific chart provided by USCIS to determine which chart (Dates for Filing or Final Action Dates) to use based on your preference category.

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