Immigration News

 

Visa Interview waiver

The U.S. consulates are given discretion through December 31, 2022 to waive in-person visa interview in case of the following nonimmigrant visa category: F, H1, H4, H3, non blanket L, O, P, Q, academic J and M, when the applicant makes the request at the U.S. consulate in home country and was not previousl denied a visa or when previous denial was waived or overcome.

Interview can also be waived for any kind of visa renewal requests when made within 48 months of visa expiry.

Interview waiver is discretionary and the consular officer may still require interview.

Interview is waived also for those from Visa Waiver Program countries who traveled to the U.S. before on ESTA. 

 

MPP

MIgrant Protection Program (MPP) gets additional funding to help with emergency assistance due to increase in Afghan refugee crisis.

 

Adminstrative closure is restored!

Administrative closure is revived as Attorney General Garland Vacates the decision of the previous attorney general Sessions in the Matter of Castro-Tum.

Admin. closure is a way to prevent unnecessary crowding of the immigration court dockets.  It suspends the removal / deportation process of certain foreign nationals who are not a priority candidates for deportation. 

There are too many deportation cases pending bfore the immigration courts than the system can reasonably handle at present.  Reviving administrative closure allows the court system to direct its focus to more serious cases.

Many individuals who warrant humanitarian considerations or are eligible to obtain permanent residence and could not be removed if their applications are approved.  Irony is that the applications they had filed are waiting for its turn in the processing line.  Removal of such individuals would be unfair.  Administrative processing is a tool used for such individuals in the removal process.

 

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.

 

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.

 

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. 

 

Response Relaxation due to COVID-19:

COVID19 crisis allows for delayed filing upto 60 days from the date of the decision in case of responses to request for evidence etc. when the notice or decision is issued between March 1, 2020 through March 26, 2022.  The request for consideration of delayed filing of responses 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 rescind;

notice of intent to terminate (NOIT) regional centers and

motions to reopen denial of Naturalization applications in the wake of derogatory information;

Motions and appeal under Form I-290 B and I-336 can be filed within 90 days from the date of the decision when the decision is issued between Movember 1, 2021 through March 26, 2022.

 

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. 

 

Removal (deportation): New Policy

Denial of petitions to obtain immigration benefit for lawful status will, starting October 1, 2018, 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. NTA starts the removal proceeding.

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.

 

Central American Minor (CAM) Parole Program reopened

Under CAM qualified children from Elsalvador, Guatemala and Honduras are eligible to seek refugee status or apply for parole to come to the U.S.  The minor could obtin work authorization and parents, guardians and siblings are also eligible to obatin immigration benefits.

Parole under CAM program ended 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, could have still qualified for parole and re-parole under general provisions for humanitarian parole.  It did not end Central American Minor refugee program.

Following, Northern District of California, S.A. v. Trump, 18-cv-03539, and related settlement, CAM parole was reopened.

 

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.

 

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.