June 2023 Visa Bulletin Reports India Employment-Based Retrogressions
The Department of State’s (DOS) Visa Bulletin for June 2023 reports a retrogression for the India EB-5 category and a likely retrogression soon for the India EB-3 category: Steady number use and high demand in the EB-3 category for India will most likely necessitate retrogression of the EB-3 final action date for India as early as next month to hold number use within the maximum allowed under the FY 2023 annual limit. This situation will be continually monitored, and any necessary adjustments will be made accordingly.
As DOS informed readers in Item F of the May 2023 Visa Bulletin, it has become necessary to retrogress the EB-5 final action date for India effective in June. India’s number use in the family and employment preference categories for FY 2023 is subject to prorating under INA § 202(e). Number use has been consistently robust throughout the fiscal year in the family and employment preference categories, and it has been determined that India is approaching its prorated limit for EB-5 numbers. Thus, applicants from India are subject to a final action date of 01APR17. This situation will be continually monitored, and any necessary adjustments will be made accordingly.
SOURCES: ABIL Immigration Insider, May 14, 2023; and https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-june-2023.html
OFLC Postpones Date for Submitting Revised PERM and CW-1 Forms in FLAG
The Department of Labor’s Office of Foreign Labor Certification (OFLC) is postponing to June 1, 2023, the date for filers to begin submitting the new, revised applications for permanent employment certification and CW-1 applications for temporary employment certification in the Foreign Labor Application Gateway (FLAG) system. Applicants should continue to use the current PERM and CW-1 forms until June 1, OFLC said.
OFLC said it will no longer accept any new applications submitted via the legacy PERM Online System after May 31, 2023, at 6:59 pm ET. OFLC will no longer accept the previous version of Form ETA-9089 or Forms ETA-9141C/9142C, and their related forms, after May 31, 2023, either electronically or submitted by mail.
SOURCES: ABIL Immigration Insider, May 14, 2023; and https://www.dol.gov/agencies/eta/foreign-labor
CBP No Longer Requires Proof of Vaccination for Air Travelers
U.S. Customs and Border Patrol’s (CBP) Carrier Liaison Program announced on May 11, 2023, that under a Presidential Proclamation, the COVID-19 vaccination requirement for noncitizen nonimmigrant air travelers was terminated as of May 12, 2023.
The rescission took effect for flights departing to the United States from a foreign country on or after 12:01 am ET on May 12, 2023. Noncitizen nonimmigrant air passengers no longer must show proof of being fully vaccinated with an accepted COVID-19 vaccine to board a flight to the United States, CBP said.
SOURCES: ABIL Immigration Insider, May 14, 2023; and https://www.whitehouse.gov/briefing-room/presidential-actions/2023/05/09/a-proclamation-on-revoking-the-air-travel-covid-19-vaccination-requirement/