Business Immigration in a Minute by Honigman LLP

• The Department of State (“DOS”) recently released the May 2023 Visa Bulletin. In addition to the final action dates and dates for filing charts for employment-based immigrant visa and adjustment of status cases, it contains notes on the diversity lottery, potential EB-1 retrogression, EB-2 retrogression, visa availability for EB-2, EB-3, EW, and EB-5, and more. Unfortunately, the EB-2 category will further retrogress for all countries except India and China in May by approximately five months. The EB-3 category for all countries except India and China will also retrogress by approximately eleven months. EB-3 China final action dates will advance by approximately five months. The EB-1 cut-off date for India and China will remain unchanged. For May 2023, employment-based applicants must use the final action dates chart for adjustment of status applications.
  
  
• The U.S. Department of Justice recently released a new fact sheet to help employers avoid citizenship status discrimination when complying with export control laws, which govern U.S. companies’ ability to export certain goods and software, technology, and technical data. The fact sheet provides helpful information on how employers can avoid unlawful discrimination when filling jobs that involve access to export-controlled items and when checking whether workers need export-control authorization. Honigman LLP’s Angela Gamalski (agamalski@honigman.com) is highly experienced in export matters and can assist with any export control-related questions that may arise from this new fact sheet.
  
  
• U.S. Citizenship and Immigration Services (“USCIS”) extended the temporary suspension of the biometrics submission requirement for certain applicants filing Form I-539 to request an extension of stay in or change of status to H-4, L-2, or E nonimmigrant status through September 30, 2023. The extension notice also states that USCIS plans to establish a permanent biometrics exemption for all Form I-539 applicants in the coming months.
  
  
• Effective May 30, 2023, DOS announced a final rule raising most nonimmigrant visa application processing fees, as well as raising the fee for Border Crossing Cards for Mexican citizens age 15 and over. Notably, the application processing fee for H, L, O, P, Q, and R category visa appointments will be raised from $190 to $205. Additionally, the application processing fee for Border Crossing Cards for Mexican citizens age 15 and over will be raised from $160 to $185.
  
  
• The Department of Labor (“DOL”) updated its processing times for permanent labor certification (“PERM”) applications and prevailing wage requests. As of March 31, 2023, the DOL is adjudicating PERM applications filed in or before July 2022 and processing prevailing wage requests filed in or before January 2022.

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