Immigration News

Travel Ban: INDIA

Health Insurance Proclamation

Entry of immigrants is no longer suspended for lack of health insurance.  Presidential proclamation on May 14, 2021 revokes proclamation 9945 dated 10/4/2019 requiring health insurance as a condition for immigration.

Venezuela is the new TPS country!

Venezuela is added to the list of countries TPS countries for 18 months.  Venezuelan nationals and residents with no nationality can, starting March 9, 2021, seek temporary protected status and obtain lawful employment authorization.  September 5, 2022 marks the end of the 18 month period for temporary protected status designation for Venezuela.  Check the TPSpage to learn about what is Temporary Protected Status (TPS).

Public Charge

The new public charge rule has finally come to an end as the Department of Justice is no longer defending the public charge Rule.  Soon the Form I-944 will no longer be requried.  As of now USCIS is still requiring this form.

H1b registration period for employers begins March 9th through March 29th, 2021.

Wage-based selection rule is delayed until December 31st, 2021.  Visit the h1bpage.

Visa Services resume at U.S. Consulates

Consulates resume Visa services!  Visa services were suspended since March 2020 due to COVID-19 providing only citizenship service and some emergency visa assistance.

Resumption of routine visa services, however, largely depends upon the local conditions.  Those who have already paid the visa fee but were unable to schedule the appointment would be able to use it till September 30, 2022.

Fingerprints and other in-person services delayed

Foreign nationals, who have applied for immigration benefits are waiting longer for in person services at USCIS offices like biometrics appointment and interview scheduling, CIS Ombusdman reports.  An estimated 1.3 million applicants are awaiting biometrics.  Agency is also reusing the fingerprints already taken which is possible only when an applicant has previously applied for an immigration benefit.

H1B petitions are being rejected for start date later than October 1, 2020.  American Immigration Lawyers' Association intervenes to suggest remedial measures.

Public Charge Rule: I-944 to prove Financial Self-Sufficiency

    Permanent residence through adjustment of status application mandates that foreign nationals establish that they will not become a public charge at any time.  The requirement to overcome the public charge burden was published in 84 Fed. Reg. 41,292 (Aug. 14, 2019) to be effective February 24, 2020.  USCIS recently rolled out Form I-944, the declaration of financial self-sufficiency. 

    The public charge requirement is being litigated in Cook County, Illinois, et al v. Wolf et. al., (19-cv-6334), and on November 2nd, 2020 the Chicago Federal District Court held that the rule violates Administrative Procedures Act however this decision is stayed by the 7th Circuit Court. Consequently, the Public Charge Rule remains effective until the matter is resolved by the Court.

E-verify relaxed: remote verification 

Employers allowing remote operation due to COVID-19 may verify identity and employment authorization documents remotely by visual conferencing.  This relaxation in rules was initially permitted for 60 days starting March 20th or 3 days after the COVID national emergency is over. The relaxation was set to expire on May 19th and is further extended.

On May 14th DHS announced the rule is extended for 30 days and physical presence requirement if deferred for employment verification.  This rule is however, only applied to establishments operating remotely. 

Immigration Court hearings in non-detained cases are postponed until June 12th 2020.

Extension or what? - COVID-19:

COVID19 crisis seems to qualify for delayed filing of responses to request for evidence, and other immigration benefits applications.  The request for consideration of delayed filing includes the following:

response to the request for evidence (RFE);

notice of intent to deny (NOID);

notice of intent to revoke (NOIR);

notice of intent to terminate (NOIT) and

appeals or motions against the decision denying certain immigration benefits. 

Premium Processing Suspended:

Visa petitions are not eligible for premium processing which is supended temporarily.  I-904 application for premium processing, received after March 20, 2020 will be rejected and returned.

Stay on Public Charge Inadmissibility ground for accepting public benefits

The public charge inadmissibility rule is blocked for now.

TPS for Syrians extended

Syria is re-designated to be the TPS country starting 10/1/19 for another 18 months.  This means Assyrians may apply for re-registration/ TPS extension.

Investor green card EB-5 limits increase

The EB-5 investment minimum limit, starting November 21, 2019, increases to $1.8 million and for targeted employment area (TEA) $900,000.  USCIS will make the determination of TEAs. 

E-1 and E-2 Newzealand added as treaty country

Citizens of Newzealand can now (starting June 10th, 2019) apply for change of status to treaty trader and treaty investor E-1 or E-2.

H1b rejection guideline

H1B petitions that did not bear Employer's primary U.S. address are to be rejected.  In so doing USCIS claims it is following the provisions contained in 8 C.F.R. 103(2)(a). 

Premium processing

Cap subject H1b petitions filed for change of status can be expedited starting May 20th, 2019, using premium processing service.

New H1B process

Changes are proposed to the H1B process requiring petitioning employers to register with USCIS.  Also proposed is a new selection system to give priority to advanced degree holders from U.S. educational institutions over the cap-subject petitions.  

Although it is not clear if there is sufficient time left to implemente the system  during the upcoming h1b filing period.  USCIS has given itself ability to suspend the registration process in case of technical glitch.  It is likely that the existing h1b filing and selection process may continue for the Fiscal Year 2020.

Removal (deportation): New Policy

Denial of status petitions will be followed by notice to appear (NTA) letter from USCIS, effective October 1, 2018.  Petitions include I-485 adjustment of status and I-539 change of status aplications.

The policy is being widely publicized.  USCIS claims it will be implemented gradually (perhaps to prevent sudden flood of cases) with NTA priority for cases involving national security concern, criminal, fraud issues.  

NTA letter initiates the removal (deportation) proceeding in the immigration court.  This policy does not change applications seeking humanitarian relief or employment based adjustment of status.

Supreme Court upholds Travel Ban

Travel ban Executive Order that restricts entry of nationals from certain countries for reasons of national security, is held to be good law.

Central American Minor (CAM) Parole Program ends

Parole under CAM program ends as of August 16, 2017.  This program allowed special consideration for parole to minors and certain accompanying individuals from El Salvador, Guatemala, and Honduras who were denied refugee status.  However, these individuals, like others, may still qualify for parole and re-parole under general provisions for humanitarian parole.  It does not end Central American Minor refugee program.

Update on travel ban EO

Border Officers must be provided guidelines as to what is bonafide relationship with a U.S. individual or entity and within hours of writing of this post it is being reported that the government guideline included only close family relations in the bonafide relations excluding fiance, grandparents so also uncles and aunts and the like.  Later fiance(e) was included in the close relations list to establish bonafide relationship. 

As is apparent, litigations are likely to follow again regarding interpretation of this term or for a more liberal guidelines.   Interestingly, people coming in for medical treatment or self employed business professionals may be stopped creating a case for possible waiver.

Supreme Court on the EO on Muslim Travel Ban

Supreme court allows President's Executive Order in part and requires the &- It appears there ismuslim country nationals to show bonafide relationship with a person or entity in U.S. as a precondition to enter the United States.  Read more...  

H1B premium processing resumed for Conrad 30 J1 waiver programs. (Posted June 26th, 2017.)

As announced by Director Neufeld at the AILA annual conference last week Physicians in J1 status with Conrad 30 waiver are now able to seek premium processing for their H1B petitions.  Director recognized that there is an immediate need for premium processing in this area.

Hire American EO: aka rigorous enforcement of immigration Law

Foreign national workers will be subject to strict immigration examination upon entering the U.S. border.  Executive Order claims is creating american employment and hire wage levels through strict administration and enforcement of entry of immigrants.  you can check out this Executive Order.

Travel Ban: President's Executive Order (EO)

Enforcement of Executive Order is prevented temporarily by the 9th Circuit, Court of Appeals, nationwide.  Here is the decision.  Read more...

Nepal Temporary Protected Status Extended

Temporary Protected status is extended for another term of 18 months.  there are eligibility criteria and re-registration period ends 27th December, 2016.

EAD Validity increased to two years for Asylum applicants

Asylum applicants would now get employment authorization with validity not expiring until 2 yrs., starting october 5, 2016.  This policy change includes all pending I-765.

Syrians granted Temporary Protected Status (TPS)

Syrian nationals residing in U.S. since August 1st, 2016 can now apply for TPS.  Eligible applicants can also receive employment authorization.  Registration period ends January 2017 while those already hold Syrian TPS, September 30, 2016 is the deadline to apply for TPS re-registration.

Filipinos WWII veteran family members parole program

This program starts on June 8, 2016 and benefits Filipino fmaily members who have an approved immigrant visa petition can wait the permanent residence processing time in the U.S. upon entering with humanitarian parole .

H-2A approval to be transmited to Consulates electronically

Starting May 11th USCIS proposes to send e-notice to the DOS.  This speeds up the processing of H-2A visa for agricultural workers because U.S. farm business has its own urgency and can not wait for the government processing times.

This is Great!  It should become the standard USCIS practice for every case where the foreign national applies for a visa at a U.S. Consulates abroad.

STEM OPT : rule change

The new STEM extension period under this regulation is 24 months replacing the old OPT period of 17 mos.  Students with STEM OPT before the rule takes effect can safely transition into the extended period OPT under the new rule that takes into effect on May 10, 2016.

The regulation is progressive and allows for another STEM OPT extension based upon an additional qualifying degree.  This rule creates a greater oversight over the students and prescribes for a training plan but also allows for them to participate in entrepreneurial ventures.