NEWS HIGHLIGHTS FOR 2022

January 28, 2022. U.S. Citizenship and Immigration Services (USCIS) announced that the fiscal year 2023 H-1B cap registration period will begin March 1 at Noon Eastern time and run through noon Eastern on March 18, 2022. USCIS will assign a confirmation number to all H-1B lottery registrations filed during this period.
If USCIS receives enough registrations by March 18, it will randomly select registrations and send selection notifications via users’ myUSCIS online accounts. USCIS intends to notify account holders by March 31, 2022.

NEWS HIGHLIGHTS FOR 2021

September 20, 2021. The White House today, has announced its plans to ease COVID related travel restrictions on all international travelers entering the United States, beginning in November of 2021. In doing so, the White House plans to rescind current country-wide COVID related travel bans that apply to individuals from Iran, China, the Schengen Area, U.K., Ireland, Brazil, South Africa, and India, and replace these regional bans with individual proof of vaccination against COVID-19, as well as proof of a negative COVID test result taken within 72 hours of boarding a flight. The CDC plans to  publish information specifying which types of COVID vaccines will be accepted. Exceptions will be available for those without access to the vaccine (such as children), humanitarian reasons, and other limited exceptions. 

August 25, 2021. The Executive Office for Immigration Review (EOIR) has launched a new online portal that permits individuals to access Freedom of Information Act (FOIA) information and records online, allowing for greater efficiency and transparency. The Public Access link is available at https://foia.eoir.justice.gov/app/Home.aspx where users may pay required fees online and receive information more quickly. 

​August 25, 2021. Beginning October 1, 2021, U.S. Citizenship and Immigration Service (USCIS), along with the U.S. Department of State will require COVID-19 vaccinations for all applicants applying for Lawful Permanent Residence status. All applicants who receive their I-693 Medical Examination on or after October 1, 2021, must complete their COVID-19 vaccine dose(s) and provide proof of vaccination.

The following exceptions apply to those who are too young to receive the vaccine; have a medical contraindication to the vaccine; or who do not have access to one of the approved COVID-19 vaccines in their countries. Individuals may also apply for an individual waiver based on religious or moral convictions. Updates to the Form I-693 instructions are forthcoming. 

August 24, 2021. In order to work through backlogs, the American Immigration Lawyers’ Association (AILA) Liaison Committee has reported that U.S. Citizenship and Immigration Service (USCIS) has resumed scheduling interviews outside of standard business hours (in the early morning and on Saturdays), as well as out of jurisdiction. USCIS has also scheduled naturalization Oath ceremonies on Saturdays. 
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June 15, 2021. U.S. Citizenship and Immigration Service (USCIS) released statistics for the fiscal year 2022 H-1B cap registration (lottery) stating that it received 308,613 lottery registrations and selected 87,500 registrations to meet the annual quota of 85,000. 48% of all lottery registrations requested consideration under the Master’s (advanced degree) quota.
By way of comparison, for fiscal year 2021 USCIS received 274,237 lottery registrations and selected 106,100 registrations to meet the annual quota. USCIS conducted a second lottery in August of 2020 totaling 18,315 additional registrations due to low filing volume from the initial selection. Hence, the overall FY2021 selection resulted in a total of 124,415 cases.
USCIS intends to run a second lottery again this year after the filing period closes. At that point, USCIS will determine how many allocations are unused.

May 12, 2021. U.S. Citizenship and Immigration Service  (USCIS) announced a new procedure for rescheduling Biometrics appointments at the Application Support Centers. Applicants’ may now call the USCIS Primary Contact Center at (800) 375-5283 to reschedule Biometric services appointments scheduled at a USCIS ASC. Previously, applicants had to submit requests in writing to reschedule appointments.

May 3, 2021. U.S. Citizenship and Immigration Service (USCIS) announced that it will suspend the Biometrics requirement for certain I-539 applicants for a two-year period beginning on May 17, 2021. This suspension will apply to the H-4, L-2, and E-1, E-2, and E-3 categories that are pending on May 17, 2021, as well as new applications received from May 17, 2021 through May 23, 2022.
This suspension comes as a result of a class-action lawsuit, Edakunni v. Mayorkas, filed by the American Immigration Lawyers’ Association (AILA) and Wasden Banias, LLP challenging H-4 and L-2 adjudication delays.

April 30, 2021. President Biden issued a Presidential Proclamation expanding the COVID-19 Public Health travel ban which prohibits the entry of foreign nationals who have been physically present in certain countries within 14 days of their travel to the United States. India now joins this list, which includes countries in the European Schengen Area, Brazil, China, Iran, Ireland, South Africa, and the United Kingdom. The new India travel ban takes effect on May 4, 2021 and will remain in place until terminated by the President.

The following individuals are not subject to the ban, but may be required to undergo screening and other measures upon arrival:
  • U.S. Citizens and nationals;
  • U.S. lawful Permanent Residents;
  • Spouses of U.S. Citizens and lawful Permanent Residents;
  • A foreign national who is the parent or legal guardian of an unmarried U.S. citizen or lawful permanent resident under the age of 21;
  • A foreign national who is the sibling of a U.S. citizen or lawful permanent resident, provided they are both under 21;
  • A foreign national who is the child, foster child or ward of a U.S. citizen or lawful permanent resident, or who is a prospective adoptee seeking to enter the United States on an IR-4 or IH-4 visa;
  • A foreign national traveling at the invitation of the U.S. government for a purpose related to containment or mitigation of the COVID-19 virus;
  • A foreign air or sea crewmember;
  • Certain A, C, E-1 (TECRO or TECO employees), G, and NATO nonimmigrants or whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement;
  • A foreign national whose entry would further important U.S. law enforcement objectives;
  • A foreign national whose entry would be in the national interest;
  • Members of the U.S. armed forces and their spouses and children;
  • National Interest Exception (to be determined).

March 30, 2021. U.S. Citizenship & Immigration Service (USCIS) announced today that it has received enough electronic registrations to reach the Fiscal Year 2022 H-1B cap. USCIS has completed the random selection process and notified Petitioners.

February 5, 2021. U.S. Citizenship and Immigration Service (USCIS) announced that the initial registration period for the 2022 fiscal year (FY2022) H-1B cap will open at 12:00 noon eastern time on March 9, 2021 and run through 12:00 noon eastern time on March 25, 2021. During this authorized lottery registration period, Employers will be able to submit their lottery registrations on behalf of prospective H-1B employees. USCIS will not implement its new rule creating a 'wage-based selection process' for H-1Bs for the upcoming H-1B cap season, rather the new rule will take effect December 31, 2021.

February 5, 2021. The U.S. Citizenship and Immigration Service (USCIS) has issued a final rule which delays the newly created "wage-based lottery system" for selecting H-1B applicants. This rule sought to select H-1B lottery recipients based on the highest earning individuals. The rule has been delayed until December 31, 2021, which means that it will no longer impact the upcoming H-1B lottery season (the rule was originally set to go into effect on March 9, 2021). 
The delay rule states: “The Department is delaying the rule’s effective date until December 31, 2021, because USCIS will not have adequate time to complete system development, thoroughly test the modifications, train staff, and conduct public outreach needed to ensure an effective and orderly implementation of the H-1B Selection Final Rule by the time the initial registration period will be open for the upcoming fiscal year (FY) 2022 H-1B cap season. During the delay, while USCIS works through the issues associated with implementation, DHS leadership will also evaluate the January 8th rule and its associated policies, as is typical of agencies at the beginning of a new Administration.”

February 2, 2021. The Biden Administration has issued three Executive Orders pertaining to immigration, however, none of these orders address the current ban on H-1B and L-1 visa applicants valid until March 31, 2021. This was a disappointment to many immigration advocates, along with his failure to address the newly created health insurance requirement, as well as the Public Charge rule, both of which remain in effect.
 
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​Prior updates have been archived.





















































































































August 25, 2021. The Executive Office for Immigration Review (EOIR) has launched a new online portal that permits individuals to access Freedom of Information Act (FOIA) information and records online, allowing for greater efficiency and transparency. The Public Access link is available at https://foia.eoir.justice.gov/app/Home.aspx where users may pay required fees online and receive information more quickly.