May 5, 2023 - Weekly Immigration News Update

Posted by Keshab R. Seadie | May 05, 2023 | 0 Comments

H-1B Visa Registration Numbers Show Demand Far Exceeds Supply; Changes Are Necessary to Ensure Integrity of the System

The demand for H-1B visas, which allow foreign workers to work in the US, far exceeds the supply. The registration system has flaws that have made it vulnerable to exploitation, so the American Immigration Lawyers Association is urging the Biden administration to take action to ensure the integrity of the system. They propose changes such as using individuals with bona fide job offers for the lottery and investigating and prosecuting those who submit fraudulent registrations.

DHS Notice of Special Student Relief for Hong Kong

The Department of Homeland Security has announced special student relief for Hong Kong residents who were in lawful F-1 status as of 1/26/23 and who are experiencing severe economic hardship due to the current crisis in Hong Kong. Certain regulatory requirements will be suspended for these individuals.

OFLC Announces Timeline for Form ETA-9089 Case Creation and Case Submission in FLAG

The Office of Foreign Labor Certification will begin accepting a revised version of Form ETA-9089, used for applications for permanent employment certification, in the Foreign Labor Application Gateway system on May 16, 2023. The legacy PERM Online System will no longer accept new applications after May 15, 2023, and the previous version of Form ETA-9089 will no longer be accepted after May 15, 2023. OFLC conducted webinars to educate stakeholders on the new form and filing process.

Asylee and Refugee-Based I-485 Physical Presence Documentation

The USCIS Policy Manual has been updated to clarify that the one-year physical presence requirement for asylees and refugees to adjust their status is determined as of the date of adjudication, not the date of submission. Asylees and refugees may file their I-485 earlier than a year after obtaining their status, but not too much earlier or they may have to respond to a request for evidence to demonstrate physical presence.

Diversity Visa (Green Card Lottery)

The Diversity Visa (Green Card) Lottery for DV-2024 entrants will open for confirmation information starting at noon (ET) on May 6, 2023. The Electronic Diversity Visa Entrant Status Check for DV-2023 applicants is available until September 30, 2023.

Employers have only 30 days to reach compliance with Form I-9 requirements.

Employers have 30 days to reach compliance with Form I-9 requirements after the COVID-19 flexibilities expire on July 31, 2023. They are encouraged to complete all required physical inspection of identity and employment eligibility documents by August 30, 2023.

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