Immigration Update

Immigration News and Analysis
for Clients and Friends of Borene Law Firm

October - November 2022
Congress Eyes Possible Immigration Law Changes after the November 2022 Midterm Election - Advocates for Change Include the Secretary of Labor, DACA Supporters, Farmers and Tech Employers

Final vote totals for the November 8, 2022 Congressional Midterm Election are now mostly complete. The result is continued narrow Democratic control of the U.S. Senate and narrow Republican control of the U.S. House of Representatives. Many immigration policies are being debated including long-term legal relief for "Dreamers" (undocumented migrants who entered the U.S. as children, aka DACA immigrants), enhanced border security, especially along the U.S.-Mexico border and changes to legal immigration to address growing nationwide labor shortages in the U.S. Employers in many industries from agriculture to healthcare to high tech face shortages of highly skilled and highly educated workers.

Now is the Time to Identify Key Employees for H-1B Work Visa Sponsorship for 2023

• The H-1B work visa is the most commonly used work visa for newly hired professionals (bachelor's degree and above).

• Only 85,000 new cap-subject H-1B work visas are available for all of Fiscal Year 2023.

• In 2022, more than 400,000 H-1 lottery registrations were submitted to USCIS

Interested employers should start now preparing new H-1B 2023 Lottery Registration applications for foreign workers, including computer/IT professionals, engineers, doctors, scientists, researchers, professors, managers and many other professionals. We recommend starting preparation of the lottery registration application well in advance to meet the registration deadline and to avoid disappointment.

After the 2023 H-1B Lottery quota is reached, there will be no new cap-subject H-1B work sponsorships available until October 1, 2024. If you have questions about the H-1B visa category or wish to obtain assistance with applying for any new H-1B work visas, please call us no later than February 15, 2023 at 612.321.0082.

Read from Borene Law Firm, FAQ's about H-1 Work Visas

The U.S. State Department (DOS) Reports Progress on Visa Interview Delays Worldwide

Since 2020, COVID-19 related restrictions have caused long delays at U.S. Consulates worldwide for both temporary visas and permanent immigrant visas. On October 21, 2022, DOS announced that:
  1. Visa interview wait times are getting shorter worldwide.
  2. DOS has doubled the number of foreign service personnel doing interview work.
  3. 96% of U.S. embassies and consulates worldwide have now resumed doing interviews for both temporary (nonimmigrant) and permanent (immigrant) visas to the U.S.
  4. DOS is now on its way to reducing visa interview wait times to pre-pandemic levels.

Read from the U.S. Department of State, Update on Worldwide Visa Operations
Scott Borene named 2022
Lawyer of the Year
in Immigration Law, Minneapolis by

Tip of the Month

Department of Homeland Security (DHS) Allows Employers to Continue to Use Form I-9 dated October 31, 2022 until Further Notice. DHS Also Extends Waiver of In-Person Document Inspection by Employers for Certain Employees until July 31, 2023.

On October 11, 2022, the DHS and U.S. Citizenship and Immigration Services (USCIS) announced that employers may continue to use the Form I-9 Employment Eligibility Verification after its expiration date of October 31, 2022 until further notice. DHS will publish a Notice in the Federal Register to announce the new version of Form I-9 when it comes available.

Also on October 11, 2022, DHS announced a further extension until July 3, 2023 of the Form I-9 "flexibilities" that temporarily waived the in-person requirement for employers inspection of Identity and Employment Eligibility documents for certain employees.

Read from U.S. Immigration and Customs Enforcement, ICE announces extension to I-9 compliance flexibility

For the latest Official Processing Times from United States Citizenship and Immigration Services for Visa Petitions and Immigration Applications

For the latest information from the U.S. Department of State on Immigrant Visa “Green Card” Quota Backlog (Priority) Dates
Borene Law Firm In the News
Borene Law Firm rated "AV Preeminent" in 2022 - "the highest possible Peer Review Rating in legal ability and ethical standards" for the 27th consecutive year from "the gold standard in attorney ratings" - The Martindale-Hubbell Law Directory, All Editions, 1994 - present.

Scott Borene was selected to chair the North American Expert Immigration Panel at the 10th Biennial IBA Global Immigration Conference in London. Scott Borene has chaired the U.S. expert panel at every IBA Global Immigration Conference for the past 20 years (2003-2022).

George Maxwell was the expert speaker on the topic of "Immigration Options for Ukrainians" for a Ukrainian Women's Group on May 11, 2022

Jeanne Kildow was an expert speaker on "Employment-Based Immigration Preference Categories"
at the American Immigration Lawyers Association (AILA) National Annual Conference
Scott Borene chaired the Expert Immigration Panel on
 "Global Work Visas" at the 2022 Minnesota State Bar Association's International Business Law Institute.
Copyright Borene Law Firm, P. A., 2022
 Immigration Update is a publication of:
Borene Law Firm
U.S. & Global Immigration
3950 IDS Center
Minneapolis, Minnesota 55402
United States of America
Phone: 612.321.0082
The information in this Immigration Update should not be considered specific legal advice; it is intended for informational purposes only. Anyone seeking specific legal advice should contact an appropriately experienced lawyer for a confidential, personalized consultation.