Latest Immigration News

Monday, April 24, 2023

Employers May File H-2B Petitions for FY 2023 Late Second Half Returning Workers

Starting April 13, 2023, USCIS will begin accepting petitions for workers for the late second half of fiscal year (FY) 2023, requesting employment start dates from May 15, 2023, to Sept. 30, 2023 under the H-2B supplemental cap temporary final rule. The 10,000 visas made available under this allocation are limited to returning workers who were issued H-2B visas or held H-2B status in fiscal years 2020, 2021, or 2022, regardless of country of nationality. These supplemental visas are available only to U.S. businesses that are suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all the H-2B workers requested in their petition, as attested by the employer on a new attestation form.

USCIS Updates Guidance on Administrative Naturalization Ceremony Venues

U.S. Citizenship and Immigration Services is issuing policy guidance in the USCIS Policy Manual to clarify the types of venues USCIS may use for administrative naturalization ceremonies.

This clarifying guidance is part of USCIS efforts to educate the public and those seeking to donate venue spaces, and to provide more transparency on how to partner with USCIS on naturalization ceremonies. USCIS has a long-standing goal of promoting public understanding of the naturalization process and welcomes facility donations from public and private entities in line with our Policy Manual guidance and corresponding federal regulations.

This update, contained in Volume 12 of the Policy Manual, is effective immediately

Cap Reached for Additional Returning Worker H-2B Visas for the Early Second Half of FY 2023

U.S. Citizenship and Immigration Services has received enough petitions to reach the cap for the additional 16,500 H-2B visas made available for returning workers for the early second half of fiscal year (FY) 2023 with start dates from April 1, 2023 to May 14, 2023, under the FY 2023 H-2B supplemental visa temporary final rule. We will reject and return any H-2B petitions received after March 30, 2023, that are filed for a returning worker under the early second half of FY 2023 allocation.

We continue to accept petitions for H-2B nonimmigrant workers for the additional 20,000 visas allotted for nationals of Haiti, El Salvador, Guatemala, and Honduras for the first and second halves of FY 2023. Eligible petitioners whose work

USCIS Updates Policy Guidance on Self-Selecting a Gender Marker on Forms and Documents

U.S. Citizenship and Immigration Services is updating policy guidance in the USCIS Policy Manual to clarify that, effective immediately, USCIS will accept the self-identified gender marker for individuals requesting immigration benefits. The gender marker they select does not need to match the gender marker indicated on their supporting documentation.

The update also clarifies that people requesting benefits do not need to submit proof of their gender identity when submitting a request to change their gender marker, except for those submitting Form N-565, Application for Replacement Naturalization/Citizenship Document. The guidance in this Policy Manual section does not currently apply to Form N-565, and individuals submitting this form must continue to f

USCIS Removes 60-Day Rule for Civil Surgeon Signatures on Form I-693

U.S. Citizenship and Immigration Services is removing the requirement that civil surgeons sign Form I-693, Report of Immigration Medical Examination and Vaccination Record, no more than 60 days before an individual applies for an underlying immigration benefit, including Form I-485, Application to Register Permanent Residence or Adjust Status. The requirement had been subject to a temporary waiver since Dec. 9, 2021.

This policy update will allow USCIS to adjudicate cases with immigration medical examinations that would previously have been considered invalid. Rather than issuing Requests for Evidence (RFEs) for Form I-693 signed more than 60 days before the filing of the I-485, but otherwise valid, we will be able to accept these Forms I-693 for adjudicative purposes for up to 2 years after the date the civil surgeon signed the form.

Applicants, civil

May 2023 Visa Bulletin

For April 2023 Visa Bulletin, please click here: https://www.mygcvisa.com/visa-bulletin/2023/visa-bulletin-april-2023.aspx

For analysis of May 2023 Visa Bulletin, please click here: https://www.mygcvisa.com/visa-bulletin/2023/visa-bulletin-analysis-may-2023.aspx

May 2023 Visa Bulletin has been officially released (valid from May 1 to May 31 only). Please see below for more details.

Family Based:

Final Action Dates

Dates For Filing Applications

"Final Action Date" is the date when when USCIS/DOS may render their final decision on submitted applications. Your priority date should be before this date.

Family- Sponsored	All Chargeability Areas Except Those Listed	CHINA-mainland born	INDIA	MEXICO	PHILIPPINES
F1	15DEC14	15DEC14	15DEC14	01APR01	01MAR12
F2A	08SEP20	08SEP20	08SEP20	01NOV18	08SEP20
F2B	22SEP15	22SEP15	22SEP15	01JUN01	22OCT11
F3	08DEC08	08DEC08	08DEC08	01NOV97	08JUN02
F4	08APR07	08APR07	15SEP05	01AUG00	22AUG02

"Date for Filing Application" is the date when you can submit I-485/NVC applications to USCIS/DOS. Your priority date should be before this date.

Family- Sponsored	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
F1	01JAN17	01JAN17	01JAN17	01DEC02	22APR15
F2A	C	C	C	C	C
F2B	01JAN17	01JAN17	01JAN17	01JAN02	01OCT13
F3	08FEB10	08FEB10	08FEB10	15JUN01	08NOV03
F4	01FEB08	01FEB08	22FEB06	01APR01	22APR04

May 2023 Visa Bulletin Analysis

For May 2023 Visa Bulletin, please click here: https://www.mygcvisa.com/visa-bulletin/2023/visa-bulletin-may-2023.aspx

Please see below analysis of May 2023 Visa Bulletin: