Immigration is an ever-evolving discipline. Although we are posting recent updates and information here, anyone with any questions or concerns about their immigration status should call an immigration attorney to verify their situation.
Here are some of the more recent United States immigration updates.
Announcement of Three-Day H-2B Application Filing Window – The filing window to submit an H-2B Application for Temporary Employment Certification requesting a work start date of October 1, 2022, will open on July 3, 2022, at 12 a.m. (midnight) ET and close on July 5, 2022, at 11:59 p.m. ET.
FAQ on Process for Requesting Support for Immigration-Related Prosecutorial Discretion for Workers Involved in Labor Disputes Released by Labor Department– The Department of Labor cannot carry out its duties unless workers feel comfortable participating in its investigations without fear of consequences related to their immigration status. Therefore on July 6, 2022, the department made available a Frequently Asked Questions document on July 6, 2022. The purpose of the document is to provide employees experiencing a labor dispute the guidance they need to ask the department for support for immigration-related prosecutorial discretion. The Labor Department has a history of supporting DHS’ application of prosecutorial discretion for workers subjected to abusive or exploitative labor practices.
Those appealing to the DHS for prosecutorial discretion should send an email to statementrequests@dol.gov with the subject line: “Request for Statement of DOL Interest.” Requests will be looked at on a case-by-case basis. Read the full FAQs here, and ask an immigration attorney for assistance if you have any questions.
Supreme Court Allows Administration to Terminate ‘Remain in Mexico’ Policy – In Biden v. Texas, the Supreme Court denied an attempt to prevent the sitting president’s reversal of a Trump-era policy that requires asylum seekers arriving at the U.S. southern land border to be returned to Mexico while their claims were being processed. The 5-4 decision returns the case to the lower courts but also determines that the controlling party has the power to change directions in immigration policy. It is inferred that future presidents can do likewise in other legal areas as well, such as civil rights and environmental protection.
USCIS Revises Interpretation of Authorized Travel by TPS Beneficiaries – The U.S. Citizenship and Immigration Services (USCIS) announced on July 1, 2022, that it has rescinded its designation of the Administrative Appeals Office (AAO) decision and revised its interpretation of the effects of authorized travel by temporary protected status (TPS) beneficiaries. According to the memo, USCIS will no longer rely on the advance parole mechanism to authorize travel for TPS beneficiaries. They will use a new TPS travel authorization document, which can be found here along with a further explanation.
DHS Issues Final Rule Changing NAFTA to USMCA – On July 11, 2022. the Department of Homeland Security (DHS) issued their final rule regarding the temporary entry of Mexican and Canadian business persons into the United States. The final rule supersedes references to NAFTA (North American Free Trade Agreement) with references to the USMCA (Agreement Between the United States of America, the United Mexican States, and Canada ), which replaced the prior agreement’s provisions on July 1, 2020. Chapter 16 of the USMCA “generally maintains the same treatment as provided under NAFTA with respect to the temporary entry of Canadian and Mexican citizen business persons,” DHS said. The final rule “makes other minor, non-substantive conforming amendments and stylistic changes and corrects typographical errors.”
Immigration law is complex and difficult to navigate. Don’t attempt to understand the immigration updates and changes on your own – call the immigration attorneys at Probinsky & Cole today. We have offices in Sarasota, Tampa, and Orlando – and we are here to help.
