Immigration Update

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

Growing Case Backlogs and Immigration Processing Delays Overwhelm USCIS and Congressional Offices - Thousands of Pending Legal Migrant Applicants File Suits in Federal Court to Force USCIS to Adjudicate Backlogged Cases

Frustrated employer sponsors and family member sponsors of legal temporary and permanent migrants have filed lawsuits in Federal Court against USCIS to force USCIS to complete adjudication and processing of many thousands of long-delayed work visa and green card cases. U.S. agency processing delays can delay the receipt of legal green cards and work permission for years. More than 6,000 new "delay" cases against USCIS are expected to be filed in Federal Courts this year. Many U.S. employers and U.S. family members also contact their U.S. Congressional Representatives' offices to seek help in obtaining timely adjudication of long-pending work permits and green card applications. Some Congressional offices report that new requests for assistance with USCIS processing delays have more than tripled since 2019.

United States Department of Labor (DOL) Publishes New Updated List of Professional Occupations (A Useful Tool for Identifying Which Positions may be Eligible for H-1 Work Visas)

On June 27, 2022, the DOL published an updated list of professional occupations in the Federal Register. This list, known as "Appendix A", is useful for employers seeking to identify positions which may be eligible for "professional" level PERM Labor Certification Sponsorship and for H-1 Specialty Occupation "work visas". The H-1 and PERM categories are the most frequently used temporary and permanent work sponsorship options for most employers seeking to sponsor professional foreign workers.


U.S. Immigration and Customs Enforcement (ICE) Prepares for Roll Out of New "Secure Docket Card" (Photo ID card) for Issuance to Provisionally Released Non-citizens (Undocumented Migrants in Immigration Court Proceedings)

The ICE "Secure Docket Card" would facilitate non-citizens' documentation as they go through the U.S. Immigration Courts and immigration process and would replace existing paper forms. The Department of Homeland Security (DHS) has requested $10 million to launch the new card by the end of the year. Migrants affected would likely include more than 300,000 people currently in the immigration court process under home detention.


Republican House Members Describe Changes in Biden Immigration Policy They Would Seek If They Gain Control of the U.S. House of Representatives in November 2022

In July, U.S. House minority leader Kevin McCarthy visited the U.S.-Mexico border with other House Republicans and gave a preview of changes to current immigration policies of the Biden Administration that Republicans would seek if they regain the majority in the U.S. House of Representatives. Planned changes include: restarting construction of the border wall, tightening asylum laws and possible impeachment of current Secretary of Homeland Security, Alejandro Mayorkas.

Scott Borene named 2022
Lawyer of the Year
in Immigration Law, Minneapolis by

Tip of the Month

U.S. Customs and Border Protection Publishes New Updated FAQ's On the Visa Waiver Program (90 Day ESTA)

U.S. Customs and Border Protection (CBP) has issued a helpful updated list of FAQ's about the Visa Waiver Program, also known as the 90 Day Entry or ESTA program. Since 2007, the Visa Waiver Program has allowed certain short term visitors to the U.S. to enter the U.S. for up to 90 days with no requirement to obtain a B visa from a U.S. Consulate. Currently, citizens and nationals of 40 countries are eligible for Visa Waiver entries.

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 chaired the Expert Immigration Panel on "Global Work Visas" at the 2022 Minnesota State Bar Association's International Business Law Institute.

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 recognized by other lawyers as 2022 Immigration Lawyer of the Year in Minneapolis as noted by

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.