December 23, 2022: Section 5902 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, Pub. L. 117-263, December 23, 2022, 136 Stat 2395 amended the eligibility requirements at INA § 101(a)(15)(E) (8 U.S.C. § 1101(a)(15)(E)) to add that, effective January 5, 2023, a foreign national who acquired the treaty nationality through a financial investment (and was not previously granted E-1 or E-2 status ) must show they have been domiciled in the country of acquired nationality for a continuous period of at least three years at any point before applying for the E-1 or E-2 status.

March 10, 2022: Congress passed the Consolidated Appropriations Act (H.R. 2471) to fund the federal government. The bill includes several immigration-related provisions, including:

September 27, 2022: President Biden published a memorandum on presidential determination on refugee admissions for fiscal year 2023. The White House memorandum was published in the Federal Register on October 6, 2022 (87 Fed. Reg. 60547 (Oct. 6, 2022).)

June 27, 2022: President Biden published a Memorandum extending employment authorization for Liberians who held appropriate Deferred Enforced Departure (DED) related employment authorization documents as of June 30, 2022, or who have been continuously present in the US since May 20, 2017.

January 21, 2022: President Biden published a Fact Sheet announcing new actions to attract STEM talent.

October 25, 2002: U.S. v. Liu, (2nd Cir. Oct. 25, 2022). The court upheld the district court's judgment finding Liu guilty on one count of conspiracy to defraud the US in violation of 18 U.S.C. § 371 and to commit visa fraud in violation of 18 U.S.C. § 1546(a). Liu made arrangements for Chinese nationals to obtain J-1 status and either engage in or conceal employment with his employer, an organization other than the one for which J-1 status was obtained in violation of the J-1 program.

October 5, 2022: Texas v. U.S., (5th Cir. Oct. 5, 2022). The court upheld the district court's decision finding unlawful the 2012 executive action creating the Deferred Action for Childhood Arrivals (DACA) program. The court left in place a partial stay that maintains the existing DACA program for existing participants. It remanded the case to the district court with instructions for that court to evaluate whether the Biden administration's August 30, 2022 rule, Deferred Action for Childhood Arrivals, is lawful under the court's decision.

October 5, 2022: Munoz v. U.S. Dept. of State, 50 F.4th 906 (9th Cir. Oct. 4, 2022). The court vacated the district court's decision finding that the doctrine of consular nonreviewability barred the plaintiff's suit against the Department of State and remanded for the district court to consider the merits of the plaintiff's request. Citing Kerry v. Din (756 U.S. 86 (2015)) and Kleindienst v. Mandel (408 U.S. 753 (1972)), the court held, in a matter of first impression, that "[a]lthough the doctrine of consular nonreviewability imposes a limited disclosure requirement on the government…, the government must first comply, within a reasonable time, with Mandel's requirement to provide a facially legitimate and bona fide reason for denying a visa." (50 F. 4th at 923.)

October 4, 2022: Washington Alliance of Tech Workers v. U.S. Dept. of Homeland Sec., (D.C.C. Oct. 4, 2022). The court upheld the DHS's statutory authority to create a regulatory scheme for foreign students (who hold F-1 nonimmigrant status in the US) that includes a period of practical training after the student completes their studies.

June 24, 2022: Behring Regional Center LLC v. Mayorkas, (N.D. Cal. 2022). The court enjoined USCIS from treating EB-5 regional centers that existed before the EB-5 Reform and Integrity Act of 2022 (RIA) as deauthorized.

February 7, 2022: Asylumworks v. Mayorkas, (D.C.C. Feb. 7, 2022). The court held that a 2020 rule issued by USCIS that eliminated a 30-day processing requirement for EAD applications by asylum applicants is invalid and therefore vacated because the acting DHS secretary in place when the rule was issued, Chad Wolf, was not legally appointed. For more on the rule, Removal of 30-Day Processing Provision for Asylum Applicant-Related Form I-765 Employment Authorization Applications, 85 Fed. Reg. 37502-01 (June 22, 2020), see Legal Update, Administrative Agency Developments: June 2020: Department of Homeland Security (DHS).

February 4, 2022: E.B. vs. U.S. Dept. of State, (D.D.C. Feb. 4, 2022). The court held that an interim final rule creating a requirement that a diversity visa (DV) applicant must possess a passport before filing a DV application violated the Administrative Procedures Act (APA). The court found that the rule did not qualify for the "foreign affairs function" exception to the typical notice and comment period. The court vacated the passport rule. For more on the passport rule, see Legal Update, Administrative Agency Developments: June 2019.

December 23, 2022: New York Governor Hochul signed A. 6328A into law, taking immediate effect. The law The law adds citizenship and immigration status to the list of protected categories under the New York State Human Rights Law (NYSHRL). The law prohibits employers from discriminating, harassing, or retaliating against any individual because of their citizenship or immigration status. "Citizenship or immigration status" is defined as "citizenship of any person or the immigration status of any person who is not a citizen of the United States." For more information on the NYSHRL, see Practice Note, New York State Human Rights Law (NYSHRL) Basics; for more on federal anti-discrimination law, see Practice Note, Discrimination Under IRCA: Basics.

December 21, 2022: New York Governor Hochul signed S. 9427A into law, taking effect on September 17, 2023. The law requires employers with four or more employees to include the compensation or its range for any job advertisement that can or will be performed, at least in part, in New York. (See by Ogletree, Deakins, Nash, Smoak & Stewart, P.C.)

December 16, 2022: New York Governor Hochul signed S. 6805 amending N.Y. Lab. Law § 201 to require employers to make available electronically any documents that are required to be posted physically in the workplace under the New York Labor Law or under Federal law or regulation. For more information, see Practice Note, New York Employment Laws More Favorable to Employees: Workplace Notices.

October 10, 2022: Washington's Employment Security Department released a draft administrative policy with updated guidance on the modified pay transparency requirements beginning January 1, 2023 (see Law Firm Publication by Jackson Lewis P.C.). For more information about pay transparency laws generally, see Practice Note, State and Local Pay Disclosure Requirements in Job Postings Chart: Overview.

September 12, 2022: New York's Westchester County's salary transparency law, effective November 6, 2022, requires covered employers to comply with a salary posting requirement (see Law Firm Publication by Jackson Lewis P.C.).

May 27, 2022: As of January 1, 2023, Tennessee will require private employers with at least 35 employees to use E-Verify and maintain E-Verify case results (see Legal Update, Tennessee's Revised Mandatory E-Verify Law).

March 22, 2022: The New York City Commission on Human Rights (NYCCHR) published guidance implementing the New York City law requiring salary ranges on job postings.

January 15, 2022: New York City enacted a law that requires employers to include minimum and maximum salary ranges on internal and external job postings. The law takes effect May 15, 2022. See Legal Update, Fisher Phillips: New York City Enacts Salary Transparency Law.

January 9, 2022: New York City enacted a law that allows certain noncitizens (lawful permanent residents (LPRs) and others who are lawfully permitted to work in the US) to vote in municipal elections. If implementing steps are undertaken as directed, the law takes effect on December 9, 2022 and applies to elections that occur on January 9, 2023 or later. This law does not change the general prohibition that noncitizens are barred from voting in any other state or federal elections. Noncitizens may be subject to removal from the US or barred from obtaining a visa or admission to the US for voting in an election when they are not permitted to do so (INA § 212(a)(10)(D)(i) (8 U.S.C. § 1182(a)(10)(D)(i))). (For more on inadmissibility grounds, see Grounds of Inadmissibility to the US Chart.)