February 2023 Visa Bulletin
The U.S. Department of State (DOS) has released its February 2023 Visa Bulletin.
Each month, the U.S. Citizenship and Immigration Services (USCIS) chooses which chart it will follow to inform when intending immigrants may file their applications for adjustments of status or immigrant visas.
View the full bulletin, here.
USCIS INCREASES H-2B NONIMMIGRANT VISA AVAILABILITY
On December 15, 2022, the Department of Homeland Security (DHS) and the Department of Labor (DOL) published a Temporary Final Rule that increases the total number of noncitizens who may receive an H-2B nonimmigrant visa to 64,716 for fiscal year (FY) 2023. Of that total, 20,000 visas are reserved for nationals of Haiti, El Salvador, Honduras, or Guatemala.
According to the rule, visas are only made available to “businesses that are suffering irreparable harm or will suffer
USCIS ISSUES RULE TO RAISE FEES AND FUND ASYLUM PROGRAM WITH NEW $600 EMPLOYER PETITION FEE
The U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS) proposed raised fees and a rule to fund the asylum program with an increased fee of $600 to be paid by employers who file either a Form I-129, Petition for a Nonimmigrant Worker, or Form I-140, Immigrant Petition for Alien Worker. This Notice of Proposed Rulemaking (NPRM) will adjust certain immigration and naturalization benefit request fees. The new fees would allow USCIS to
USCIS PROVIDES LIST OF OPTIONS FOR NONIMMIGRANT WORKERS FOLLOWING TERMINATION OF EMPLOYMENT
On December 19, 2022, the U.S. Citizenship and Immigration Services (USCIS) provided information for nonimmigrant workers whose employment was terminated, either voluntarily or involuntarily. The options include a 60-Day Grace Period, Portability to a New Employer, Change of Status, and more.
60-Day Grace Period
Regulations permit a discretionary grace period that allows workers in E-1, E-2, E-3, H-1B,
H-1B1, L-1, O-1, or TN classifications (and their dependents) to be con
USCIS EXTENDS GREEN CARD VALIDITY FOR PERMANENT RESIDENTS WITH A PENDING FORM I-751 OR FORM I-829
The U.S. Citizenship and Immigration Services (USCIS) is extending the validity of Permanent Resident Cards (also known as Green Cards) for petitioners who properly file Form I-751, Petition to Remove Conditions on Residence or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status for 48 months beyond the card’s expiration date. This change began on January 11, 2023, for Form I-829 and started on January 25, 2023, for Form I-751.
Additionally, U
NEW RESTRICTIONS ON CITIZENSHIP-THROUGH-INVESTMENT FOR E-2 VISA APPLICANTS
On December 23, 2022, the White House passed a new bill, the National Defense Authorization Act for Fiscal Year 2023 (H.R. 7776/NDAA), which includes modifications to the E-2 Visa process. As part of the new bill, the following policies were issued: Portugal is now designated as an E-treaty country. Individuals who have acquired citizenship in an E-treaty country through a financial investment must have been domiciled in that country for “a continuous period of not less than
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Simone Williams, founding attorney of Williams Global Law wishes you a happy 2023. This year, Williams Global Law is excited to continue providing award-winning expertise on your legal matters.
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