GT Immigration Policy Briefings | September 2022

Link to FOR THE WEEK OF SEPT. 26, 2022 FOR THE WEEK OF SEPT. 26, 2022

Link to DHS DHS

• TPS for Burma extended 18 months
  • Extended from 11/26/2022 through 5/25/2024
  • Notice will be published in the Federal Register on 9/27/2022

Link to IER – DOJ activity IER – DOJ activity

• Focus on online job postings containing discriminatory preferences
• Postings discriminated against non-U.S. citizens because they contained citizenship restrictions
• Previous investigations in June 2022 regarding job postings that showed preference for foreign workers
• Carefully review job postings and provide training to talent acquisition/recruiters

Link to FOR THE WEEK OF SEPT. 19, 2022 FOR THE WEEK OF SEPT. 19, 2022

Link to USCIS USCIS

• USCIS accepts premium processing for certain pending EB-1 and EB-2 I-140 petitions
  • Starts September 15, 2022
  • Multinational manager I-140s received by USCIS on or before 1/1/2022
  • National interest waiver (NIW) I-140s received by USCIS on or before 2/1/2022
  • Adjudication within 45 days of filing premium processing request

Link to FOR THE WEEK OF SEPT. 13, 2022 FOR THE WEEK OF SEPT. 13, 2022

Link to I-9 I-9

• TPS Extended for Venezuela
  • EADs automatically extended through Sept. 9, 2023.

Link to USCIS USCIS

• USCIS submitted a declaration in a Federal court case about employment-based visa number availabiity
  • EB-1, EB-2 and EB-3 unavailable for the rest of September 2022
• Narrower “public charge” rule adopted, effective December 2022
  • Less stringent than Trump-era public charge rule
• FY2023 EB AOS FAQs
  • Employment-based limit for immigrant visa numbers in 2023 projected to be 200,000, which is 80,000 fewer than 2022

Link to FOR THE WEEK OF SEPT. 6, 2022 FOR THE WEEK OF SEPT. 6, 2022

Link to I-9 I-9

• Auto extend for Employment Documents
• EADs: using Nunc pro tunc to obtain an Auto extension
• Proposed regulation about remote document inspection
• COVID-related flexibility regarding remote document inspection ending in October 2022

Link to DOL DOL

• Review of H-2B worksites for compliance
• $7.2 million investment in PERM system

Link to USCIS USCIS

• Flexibility regarding RFE deadlines extended for the last time
• DACA final rule announced
• Credit card usage for filing fees
  • Form G-1450 per application/petition filed
  • $24,999.99 per day limit
  • EB-5 payment for I-956F forms with $17,795 filing fee is successful

Link to IER – DOJ activity IER – DOJ activity

• Favoring H-2B visa holders over U.S. citizens (August 24, 2022)
  • Justice Department Secures Settlement With Texas Harvesting Company to Resolve Immigration-Related Discrimination Claim | OPA | Department of Justice
• Businesses placed job postings on college career websites that excluded non-U.S. citizens (June 27, 2022)
  • Justice Department Secures Settlements with 16 Employers for Posting Job Advertisements on College Recruiting Platforms That Discriminated Against Non-U.S. Citizens | OPA | Department of Justice

Link to Acquisitions/M&A Acquisitions/M&A

• Pay attention to union issues
• An NLRB official recommended that the agency’s Arizona office reject Amazon’s objections to the Amazon Labor Union’s landmark April election win at a Staten Island warehouse and certify the result.
  • NLRB Official Says Amazon Union’s Win Should Stand – Law360

Link to Third-party contractors Third-party contractors

• FDNS visits to customer sites to verify third-party contractors
  • FDNS focus on contractors who hire TN, H-1, H-1B1 and E-3 employees and place them at customer sites.
  • Prepare for visits by any government employee who may want to interview direct employees and/or contractors.