Original Article Source Credits: NA

Article Written By: NA

Original Article Posted on: 07/15/2021

Link to Original Article: https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-to-file-your-adjustment-of-status-application-for-family-sponsored-or-employment-based-66

Link: https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-to-file-your-adjustment-of-status-application-for-family-sponsored-or-employment-based-65

Law IMM Analysis: Following the U.S. Department of State’s recent publication of the July 2021 Visa Bulletin, the USCIS has just announced that it will continue to follow the Dates for Filing for Family-Sponsored Adjustment of Status Applications for the July 2021 Visa Bulletin.

Link: https://www.uscis.gov/news/alerts/uscis-announces-lockbox-filing-flexibilities

Law IMM Analysis: U.S. Citizenship and Immigration Services will offer limited time filing flexibilities to provide relief to certain applicants and petitioners impacted by delays at a USCIS lockbox. These flexibilities only apply to benefit requests submitted to a USCIS lockbox. A benefit request is the form through which the applicant/petitioner requests a benefit for the USCIS to approve.

Link: https://www.uscis.gov/news/news-releases/uscis-updates-policies-to-improve-immigration-services

Law IMM Analysis: US Citizenship and Immigration Services (USCIS) has announced new updates to the USCIS Policy Manual. The updates clarify the circumstances and criteria for expedited processing, determine the circumstances in which reviewing officers should issue Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs). Additionally, the new updates extend the validity period for new and renewal employment authorization documents (EADs). According to the USCIS, these changes are consistent with the intent of Executive Order 14012 to improve US immigration services. Changes to the Policy Manual are designed to alleviate processing delays and reduce burdens on applicants.

Link: https://www.uscis.gov/news/news-releases/dhs-announces-continuation-of-international-entrepreneur-parole-program

Law IMM Analysis: The USCIS announced the continuance of the International Entrepreneur Parole program, which will become a viable way for foreign entrepreneurs to start businesses with high growth potential in the United States. The purpose of the International Entrepreneur Parole program is to grant a period of authorized stay, or “parole” to foreign entrepreneurs on a case-by case basis who can prove that their start-up business venture in the U.S. (created within the last five years) would provide a significant public benefit through rapid business growth and who merit a favorable exercise of discretion.

Link: https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-to-file-your-adjustment-of-status-application-for-family-sponsored-or-employment-based-64

Law IMM Analysis: Following the U.S. Department of State’s recent publication of the June 2021 Visa Bulletin, the USCIS has just announced that it will continue to follow the Dates for Filing for Family-Sponsored Adjustment of Status Applications for the June 2021 Visa Bulletin.

Link: https://www.uscis.gov/news/alerts/uscis-temporarily-suspends-biometrics-requirement-for-certain-form-i-539-applicants

Law IMM Analysis: As previously informally hinted by the USCIS, it has now officially announced that beginning on May 17, 2021, the USCIS will temporarily suspend the biometric submission requirements of those who belong to the H-4, L-2, and E derivative nonimmigrant visa status categories and who are submitting their Form I-539 application to change or extend their status in the United States. This policy will remain in effect through May 17, 2023.

Link: https://www.reuters.com/business/legal/uscis-will-suspend-trump-era-biometric-screening-rule-work-permit-applicants-2021-05-04/

Law IMM Analysis: USCIS has announced that it will soon suspend the biometric requirements for certain I-539 applicants for a two (2) year period starting on May 17, 2021 and lasting through May 23, 2022. The suspension of the biometrics requirement will cover applicants in the following visa categories: H-4, L-2, and E-1, E-2, and E-3 categories for filings that used the Form I-539, and apply to those applications that were either:

Link: https://www.whitehouse.gov/briefing-room/presidential-actions/2021/04/30/a-proclamation-on-the-suspension-of-entry-as-nonimmigrants-of-certain-additional-persons-who-pose-a-risk-of-transmitting-coronavirus-disease-2019/

Law IMM Analysis: The White House has announced that effective on 12:01 am EDT on May 4, 2021, the United States is placing a COVID-19 public health travel ban for foreign nationals who have been physically present in India within fourteen (14) days of their travel to the United States.

Link: https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-to-file-your-adjustment-of-status-application-for-family-sponsored-or-employment-based-63

Law IMM Analysis: Following the U.S. Department of State’s recent publication of the May 2021 Visa Bulletin, the USCIS has just announced that it will continue to follow the Dates for Filing for Family-Sponsored Adjustment of Status Applications for the May 2021 Visa Bulletin.

Link: https://travel.state.gov/content/travel/en/News/visas-news/update-on-presidential-proclamation-10052.html

Law IMM Analysis: The U.S. Department of State (DOS) has announced that White House Proclamation 10052, which had temporarily suspended the entry of certain H-1B, H-2B, J (for certain categories of the Exchange Visitor Program), and L nonimmigrants, has expired on March 31, 2021.

Link: https://www.uscis.gov/news/alerts/fy-2022-h-1b-cap-season-updates

Law IMM Analysis: USCIS has announced that it has received sufficient H-1B quota registrations for the fiscal year 2022, and it has also conducted the random selection/lottery drawing of those registrations. The USCIS also confirmed that it has notified the H-1B petitioners with selected registrations regarding the next steps to take, including the submission of H-1B quota petitions, starting on April 1, 2021 and lasting through at least June 30, 2021.

Link: https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-to-file-your-adjustment-of-status-application-for-family-sponsored-or-employment-based-62

Law IMM Analysis: With the recent publication of the April 2021 Visa Bulletin by the U.S. Department of State, the USCIS has followed suit and announced that it will continue to follow the Dates for Filing for Family-Sponsored Adjustment of Status Applications for the April 2021 Visa Bulletin.

Link: https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge

Law IMM Analysis: USCIS has announced that it is no longer applying the August 2019 Public Charge Final Rule. Instead, the USCIS will reverting to its previous year 2019 Interim Field Guidance and it is no longer considering an applicant’s receipt of Medicaid (with limited exceptions), public housing, or Supplemental Nutrition Assistance Program (SNAP) benefits as part of its public charge inadmissibility determination factors

Link: https://www.uscis.gov/news/alerts/uscis-extends-flexibilities-to-certain-applicants-filing-form-i-765-for-opt

Law IMM Analysis: USCIS has announced filing flexibilities for certain F-1 foreign students who are affected by the delays in issuance of receipt notices for Form I-765, Application for Employment Authorization. In particular, USCIS has extended flexibilities to the 14-month OPT (Optional Practical Training) period; option to refile after rejection by USCIS; and responses to Request for Further Evidence (RFEs) for missing or deficient signatures. But these flexibilities only apply to applications received on or after October 1, 2020 through May 1, 2021, inclusive.

Link: https://www.whitehouse.gov/briefing-room/presidential-actions/2021/02/24/a-proclamation-on-revoking-proclamation-10014/

Law IMM Analysis: President Biden has issued the latest proclamation revoking the previous administration’s ban on immigrant visa issuances pursuant to Proclamation 10014 that was initially issued on April 22, 2020 by then-president Trump.

Link: https://www.uscis.gov/news/alerts/uscis-expands-premium-processing-service-to-e-3-petitioners

Law IMM Analysis: Beginning on February 24, 2021, U.S. employers who are filing for change of status or extension of status to E-3 Australian nonimmigrant worker classification can file Form I-129, and also request premium processing service for their petitions by paying the required $2,500.00 premium processing fee in addition the regular Form I-129 filing fee.

Link: https://www.uscis.gov/green-card/green-card-processes-and- procedures/visa-availability-priority-dates/when-to-file- your-adjustment-of-status-application-for-family- sponsored-or-employment-based-61

Law IMM Analysis: After the U.S. Department of State published the March 2021 visa bulletin, the USCIS has followed up and announced that it will continue to follow the Dates for Filing for Family-Sponsored Adjustment of Status Applications for the March 2021 Visa Bulletin.

Link: https://www.uscis.gov/news/news-releases/uscis-reverts-to-the-2008-version-of-the-naturalization-civics-test

Law IMM Analysis: USCIS has announced that starting on March 1, 2021, it is reverting back to the 2008 version of the naturalization civics test.

Link: https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-electronic-registration-process

Law IMM Analysis: USCIS has announced that the registration period for the upcoming Fiscal Year (FY) 2022 H-1B quota will start at 12 p.m. EST on Tuesday, March 9, 2021 and run through 12 p.m. EST on Thursday, March 25, 2021.