Business Immigration in a Minute by Honigman LLP

• The Department of State (“DOS”) recently released the December 2022 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 visa lottery and visa availability in the EB-1 category for China and India. As predicted, DOS implemented a worldwide cut-off date for the EB-2 category to keep immigrant visa number use in this category within the FY 2023 limits. EB-2 India retrogressed over five months, while EB-2 China remain unchanged. EB-3 India and China experienced moderate advancement. Further, all first employment-based preference countries of chargeability remain current, but DOS noted that it may also need to implement EB-1 cutoffs for China and India due to increased EB-1 demand and decreased visa number availability for FY 2023. For December 2022, employment-based applicants must use the dates for filing chart for adjustment of status applications.
  
  
• The U.S. Commerce Department’s Bureau of Industry and Security announced an interim final rule issuing new controls restricting advanced semiconductors and chip manufacturing equipment. This includes deemed exports to foreign nationals working in the United States. U.S. companies should review whether foreign national employees will require export licenses going forward and such export licenses may need to be further coordinated with DOS with respect to the foreign national’s visa, if applicable. Honigman LLP’s Angela Gamalski (agamalski@honigman.com) is highly experienced in export matters and can assist with any questions that may arise regarding this new requirement.
  
  
• The U.S. Department of Labor (“DOL”) recently updated its processing times for permanent labor certification (“PERM”) applications and prevailing wage requests. As of October 31, 2022, DOL is adjudicating ETA 9089 PERM applications filed in or before February 2022 and processing PERM prevailing wage requests filed in or before January 2022.
  
  
• U.S. Citizenship and Immigration Services (“USCIS”) announced that it is again extending flexible deadlines for responding to certain requests and notices from the agency. Petitioners and applicants have an additional 60 calendar days beyond the due date to respond to certain requests and notices issued by USCIS from March 1, 2020 through January 24, 2023, including Requests for Evidence, Notices of Intent to Deny, and Notices of Intent to Revoke.
  
  
• USCIS posted an alert on its Form I-129 webpage that as of August 11, 2022, USCIS no longer requires petitioners to submit a duplicate copy of Form I-129 or a duplicate copy of any supporting documentation, unless USCIS specifically asks for it.

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