Foreign nationals applying for “nonimmigrant” (temporary residence) and “immigrant” (permanent residence) visas at U.S. Embassies and Consulates abroad are now facing increased rates of “Administrative Processing” by the State Department, causing delays in the processing of their visa applications.

The Department of Homeland Security (DHS) announced last week the designation of Ukraine for Temporary Protected Status ("TPS") for 18 months due to the conditions there resulting from the Russian military invasion.

U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the fiscal year 2023 H-1B cap will open at 12 p.m. EST on March 1 and extend to 12 p.m. EST on March 18, 2022. During this period, prospective petitioners and representatives will be able to complete and submit their registrations using the USCIS online H-1B registration system.

The U.S. Secretary of State, in consultation with the U.S. Department of Homeland Security (DHS), has authorized consular officers to waive in-person interviews for certain nonimmigrant visa applicants through the end of 2022. Nonimmigrant visa applicants with previous petitions approved by U.S. Citizenship and Immigration Services (USCIS) may be eligible for this interview waiver.

The White House has announced that it will remove the travel restrictions on eight southern African countries, originally imposed to curb the spread of the COVID-19 omicron variant.

On November 12, 2021, the U.S. Citizenship and Immigration Services (USCIS) began allowing automatic extensions of employment authorization where an Employment Authorization Document (EAD) renewal application has been filed. As a result, L-2 and E-Dependent spouses will no longer have to apply for an EAD card to be authorized to work in the United States

On November 24, 2021, the Republic of South Africa informed the World Health Organization of a new, potentially more contagious variant of COVID-19, which has since been dubbed as “Omicron.” As a result, the U.S. has imposed a travel ban on eight countries in southern Africa, effective Monday, November 29, 2021.

After nearly two years of the pandemic and nearly 6 billion vaccine shots worldwide, the United States will soon be lifting its geographic COVID-19 related travel bans. Beginning in November 2021, individuals from China, Iran, the Schengen Area, U.K., Ireland, Brazil, South Africa and India will no longer be banned from entering the U.S., and instead will be allowed into the country upon meeting certain individualized safety criteria.

On April 27, 2021, U.S. Citizenship and Immigration Services (“USCIS”) issued policy guidance in its Policy Manual instructing officers to give deference to prior determinations of eligibility when adjudicating a request for an extension of petition validity. The deference applies when extension requests involve the same parties and facts unless there was a material error, material change, or new material facts. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance.

One of former President Donald Trump's signature issues involved his strong desire to remake the U.S. immigration system in all facets. The drastic changes and controversial policies implemented, such as the border wall, child separation "no tolerance" removal policy and political asylum restrictions, were accordingly wide in scope and gained significant notoriety for their big impact.

Initial registration for the H-1B visa lottery for Fiscal Year 2022 will begin at noon Eastern time on March 9, 2021 and will close at noon Eastern time on March 25, 2021.

David H. Jacobson has joined the firm as Partner in the Immigration and Nationality Practice Group, expanding on the firm’s immigration law capabilities.