Weekly Immigration Update September 2022
In immigration news this week:
Worldwide: Jurisdictions around the world continue to adapt their coronavirus-related travel restrictions and health requirements based on several factors, including fluctuating infection rates and growing vaccination initiatives. Visit Fragomen’s COVID-19 website for the latest immigration updates.
United States: A final Department of Homeland Security (DHS) public charge regulation takes effect December 23, 2022, which essentially mirrors its current policy on the public charge ground of inadmissibility. According to the October Visa Bulletin, the EB-2 India category will retrogress significantly, while most other employment-based categories will advance modestly. U.S. Citizenship and Immigration Services (USCIS) will accept employment-based adjustment of status applications with a priority date that is earlier than the Dates for Filing listed in the October Visa Bulletin.
Saudi Arabia: The Saudi government has expanded the e-visa for tourism to additional foreign nationals.
Portugal: A recent legislative change expands eligibility for key employment-based visas to remote workers employed or self-employed abroad. The new law also introduces a new jobseeker visa type and streamlines visa issuance to Portuguese speakers.
Singapore: Several forthcoming changes to the current Employment Pass (EP) rules are expected to benefit eligible applicants.
Spain: The Spanish government has introduced several measures to welcome non-traditional migrant groups into the labor market to address ongoing labor shortages.
Czech Republic: The Czech Republic has updated the rules regarding Temporary Protection Status withdrawal and government notifications. See our consolidated alert for details.
Worldwide/Russia: In Latvia, extensive background checks and additional document requirements for Belarussian and Russian citizens who are permitted to file residence permit applications under an exemption from the general ban are delaying overall immigration processing times. Effective September 19, 2022, Estonia will refuse entry to Russian citizens holding a Schengen visa from any Schengen-associated country. See our consolidated alert for details.
Minimum salary changes: Latvia has increased the minimum salary requirement for foreign workers, and Kazakhstan has increased the national minimum wage. See our consolidated alert for details.
These items and other news from Argentina, Australia, Bahrain, Denmark, Dominican Republic, Ireland, Japan, Mexico, Mozambique, Poland, Saudi Arabia, South Africa, Spain, the United Arab Emirates, and the United States follow in this edition of the Fragomen Immigration Update.
Important updates in immigration this week
United States, September 8, 2022
DHS Public Charge Rule Reaffirms Longstanding Policy, But Adjustment Applicants Will Be Required to Provide Further Information About Financial Status
The Department of Homeland Security’s new public charge final rule takes effect on December 23, 2022. It largely codifies a longstanding policy on the public charge ground of inadmissibility.
The rule would deem a foreign national ineligible to receive a green card or visa stamp if they are determined likely to become primarily dependent on the government by either the receipt of public cash assistance for income maintenance or by long-term institutionalization at government expense.
Upon implementation of the new rule, adjustment of status applicants will complete a revised Form I-485 adjustment of status application, which will require information on assets, liabilities, resources and financial status, among other information relating to public charge analysis.
United States, September 8, 2022
October 2022 Visa Bulletin – Significant Retrogression in EB-2 India, and Modest Advancement in EB-2 China and EB-3 China and India; USCIS Will Accept Employment-Based Adjustment Applications Based on Dates for Filing
USCIS has announced that it will accept employment-based adjustment of status applications with priority dates that are earlier than the Dates for Filing listed in the Department of State’s October Visa Bulletin.
The EB-2 India Date for Filing will retrogress by over two years, to May 1, 2012.
The EB-2 China Date for Filing will advance more than two months, to July 8, 2019.
The Dates for Filing for EB-3 Professionals and Skilled Workers for China and India will advance to July 15, 2018 and July 1, 2012, respectively.
The Dates for Filing will remain current for EB-1, and for all countries in the EB-2 and EB-3 Professionals and Skilled Workers categories, other than China and India.
The Date for Filing for the EB-5 Unreserved category for China will remain at January 1, 2016, and India will have a Date for Filing cut-off imposed of December 8, 2019. The Dates for Filing will remain current for all other countries in the EB-5 Unreserved categories, and for all countries in the EB-5 “Set-Aside” categories.