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Immigration News Briefs

Provided by Humera Subhani Email Provided by Humera Subhani
October 2022
Immigration News Briefs

Regulation to preserve and fortify DACA

DHS has issued a final rule that will preserve and fortify the Deferred Action for Childhood Arrivals (DACA) policy for certain eligible noncitizens who arrived in the United States as children, deferring their removal and allowing them an opportunity to access a renewable, two-year work permit. Since its inception in 2012, DACA has allowed over 800,000 young people to remain in the only country many of them have ever known, with their families.

The rule continues the DACA policy as announced in 2012 and is based on longstanding USCIS practice. The rule states that DACA recipients should not be a priority for removal. The requirements are the same as stated in 2012.

The final rule:

The final rule is effective Monday, October 31, 2022. However, while a July 16, 2021 injunction from the U.S. District Court for the Southern District of Texas remains in effect, DHS is prohibited from granting initial DACA requests and related employment authorization under the final rule. Because that injunction has been partially stayed, DHS presently may grant DACA renewal requests under the final rule.

H-1B fiscal year 2023 cap reached

On August 23, USCIS stated that it received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2023.

USCIS has completed sending non-selection notifications to registrants’ online accounts. The status for registrations properly submitted for the FY 2023 H-1B numerical allocations, but that were not selected, will now show:

This means that there will not be further lottery picks this year, as there were in past years.

Fair and humane public charge rule

On September 8, DHS has issued a final rule, to be published in the Federal Register, that provides clarity and consistency for noncitizens on how DHS will administer the public charge ground of inadmissibility. The rule restores the historical understanding of a ‘public charge’ that had been in place for decades, until the prior Administration began to consider supplemental public health benefits such as Medicaid and nutritional assistance as part of the public charge inadmissibility determination.

Section 212(a)(4) of the Immigration and Nationality Act (INA) renders a noncitizen inadmissible if they are “likely at any time to become a public charge,” meaning that they are likely to become primarily dependent on the government for subsistence, can be denied admission or lawful permanent residence. Prior to 2019, almost all noncash government benefits such as Medicaid or nutrition assistance were excluded from consideration.

The final rule will be effective on December 23, 2022.

 

APPLICATION FINAL ACTION DATES FOR ​ OCTOBER 2022

FAMILY

India

Pakistan/Bangladesh

1st

01Dec14

01Dec14

2A

Current

​Current

2B

22Sep15

22Sep15

3rd

​​22​Nov08

​​22​Nov08

4th

​15Sep05

​22Mar0​7

 

 

EMPLOYMENT

India

Pakistan/Bangladesh

1st

Current

Current

2nd

 01​​​Apr1​2

Current

3rd

​​​​ 01​​​Apr1​2

Current

Other

 01​​​Apr1​2

 01​​​​Jun​20

4th

Current

Current

5th

 0​8Nov1​9

Current1B

 

 

DATES FOR FILING VISA APPLICATIONS - ​​OCTOBER 2022

 

FAMILY

India

Pakistan/Bangladesh

1st

​08Aug16

08Aug16

2A

Current

Current

2B

​​01​Jan17

​​01​Jan17

3rd

​​08N​ov09

​​08N​ov09

4th

22F​eb06

15D​ec07

 

 

EMPLOYMENT

India

Pakistan/Bangladesh

1st

Current

Current

2nd

01​May12

Current

3rd

01​​Jul12

Current

Other

01​​Jul12

Current

4th

Current

Current

5th

0​8Dec19

Current1B


Visa Bulletin for ​​​​October 2022 is available on our website. Please go to http://www.khabar.com/magazine/ immigration/
 

​01July16

Current


​08Aug16

​08Aug16


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