Immigration News Update March 2021

Adjustments are Coming to Immigration Regulation

President Biden Revokes Trump-Period Ban on Entry of Many Immigrants; State Dept. Points Directions on Exceptions to Nonimmigrant Ban

On February 24, 2021, President Biden revoked former President Trump’s proclamation issued in April 2020 that banned many immigrants from getting into america.

Biden Proclamation Revoking Immigrant Ban

Included within the Trump administration’s freeze on immigrant admissions had been inexperienced playing cards for brand spanking new immigrants and sure relations.

President Biden’s proclamation states that the Trump-era ban, whose acknowledged function was to stop entry by those that offered a threat to the U.S. labor market in the course of the coronavirus outbreak, doesn’t advance the pursuits of america. “On the contrary, it harms america” and “harms industries in america that make the most of expertise from world wide,” the brand new proclamation states. It additionally “harms people who had been chosen to obtain the chance to use for, and people who have likewise acquired” fiscal yr 2020 range visas.

The Biden proclamation orders the Departments of State, Labor, and Homeland Safety to overview any associated laws, orders, steering, insurance policies, or different company actions and, as acceptable, concern revised steering per the brand new proclamation.

DOS Directions on Exceptions to Nonimmigrant Ban

The brand new Biden proclamation didn’t carry a Trump-era ban on sure H-1B, H-2B, L-1, and J-1 short-term work visas, set to run out on March 31, 2021. It’s unclear whether or not the Biden administration plans to revoke that ban earlier than it expires. Within the meantime, the Division of State introduced on February 24, 2021, that those that imagine they could qualify for a nationwide curiosity or different exception ought to “comply with the directions on the closest U.S. Embassy or Consulate’s web site relating to procedures essential to request an emergency appointment and may present particular particulars as to why they imagine they could qualify for an exception.”

Particulars:

• “A Proclamation on Revoking Proclamation 10014,” Feb. 24, 2021, https://www.whitehouse.gov/briefing-room/presidential-actions/2021/02/24/a-proclamation-on-revoking-proclamation-10014/
• “Nationwide Curiosity Exceptions to Presidential Proclamation 10052,” DOS, Feb. 24, 2021, https://bit.ly/3kvXRuT
• “Biden Reopens Gateway for Inexperienced Playing cards, Reversing Trump COVID-19 Freeze,” Nationwide Public Radio, Feb. 24, 2021, https://www.npr.org/2021/02/24/971206197/biden-reopens-gateway-for-green-cards-work-visas-reversing-trump-covid-19-freeze
• “White Home Lifts Trump Order That Briefly Banned Sure Immigrant Visas Throughout Pandemic,” CNN, Feb. 25, 2021, https://www.cnn.com/2021/02/24/politics/biden-immigration-coronavirus-pandemic/index.html
• “The Biden Administration Reversed a Coverage That Used the Coronavirus Pandemic To Restrict Immigration,” BuzzFeed, Feb. 24, 2021, https://www.buzzfeednews.com/article/hamedaleaziz/biden-green-card-policy-coronavirus

March Visa Bulletin Reveals Large Leap Ahead for Chinese language and Indian EB-1s

The Division of State’s Visa Bulletin for March 2021 reveals a seven-month leap ahead for Chinese language and Indian inexperienced card candidates within the employment-based first choice class, with a closing motion date of August 1, 2020, for each nations. In February, , immigrant visas had been out there for these with precedence dates sooner than January 1, 2020.

The March bulletin additionally contains info on range class cut-offs for April and directions on reporting deal with modifications for abroad instances.

Particulars:

USCIS Updates FAQ on H-1B Digital Registration

U.S. Citizenship and Immigration Providers up to date its often requested questions (FAQ) on the H-1B registration course of, which opens at midday ET on March 9, 2021, and runs via midday ET March 25, 2021. USCIS additionally introduced that employers and their representatives can create H-1B Registrant Accounts starting at midday ET on March 2, 2021.

Particulars:

USCIS Extends Flexibilities for Sure F-1 International College students Making use of for OPT

U.S. Citizenship and Immigration Providers (USCIS) introduced flexibilities for sure international college students making use of for Non-compulsory Sensible Coaching (OPT) whose receipt notices for Kind I-765, Utility for Employment Authorization, are delayed. The flexibilities apply solely to functions acquired on or after October 1, 2020, via Might 1, 2021.

To permit F-1 college students to finish their full durations of requested OPT (as much as 12 months), the 14-month interval inside which they need to full OPT will begin from the date of approval of the I-765 for functions for post-completion OPT. Starting on February 26, 2021, USCIS is approving functions for post-completion OPT with validity dates reflecting the identical period of time as initially really useful by the designated college official on Kind I-20, Certificates of Eligibility for Nonimmigrant Pupil Standing.

USCIS additionally stated that F-1 college students requesting post-completion OPT who obtain I-765 approval for lower than the complete quantity of OPT time requested (to not exceed 12 months) as a result of requirement that the OPT be accomplished inside 14 months of this system finish date could request a correction of the employment authorization doc as a result of USCIS error.

USCIS can be accepting sure refiled I-765s for OPT and STEM (science, expertise, engineering, and arithmetic) OPT as filed on the unique date till Might 31, 2021.

Particulars:

Federal Decide Blocks Biden Administration’s 100-Day Pause on Removals

On February 23, 2021, a U.S. district choose in Texas blocked the Biden administration’s 100-day “pause” on sure removals introduced in a memorandum on President Biden’s first day in workplace. The order applies nationwide however solely to the 100-day pause, to not your complete memorandum.

“This preliminary injunction is granted on a nationwide foundation and prohibits enforcement and implementation of the [100-day pause] in each place Defendants have jurisdiction to implement and implement the January 20 Memorandum,” Decide Drew Tipton wrote. He stated the Division of Homeland Safety’s “core failure” was “its omission of a rational clarification grounded within the info reviewed and the elements thought of.” This “deadly” failure, Decide Tipton stated, made the 100-day pause “arbitrary and capricious.”

Particulars:

USCIS Reverts to 2008 Model of Naturalization Civics Take a look at

U.S. Citizenship and Immigration Providers (USCIS) introduced on February 22, 2021, that it’s reverting to the 2008 model of the naturalization civics take a look at starting March 1, 2021. USCIS stated it decided that the “improvement course of, content material, testing procedures, and implementation schedule” for the Trump-era revision carried out on December 1, 2020, “could inadvertently create potential obstacles to the naturalization course of.”

Those that filed naturalization functions on or after December 1, 2020, and earlier than March 1, 2021, “probably have been finding out for the 2020 take a look at,” USCIS famous. The company will provide such candidates the choice to take both the 2020 or the 2008 civics take a look at. There can be a transition interval the place each assessments are provided. The 2020 take a look at can be phased out on April 19, 2021, for preliminary test-takers. Candidates submitting on or after March 1, 2021, will take the 2008 civics take a look at, USCIS stated.

Particulars:

H-2B Cap Reached for Second Half of FY 2021

U.S. Citizenship and Immigration Providers (USCIS) has acquired sufficient petitions to fulfill the congressionally mandated H-2B cap for short-term nonagricultural staff for the second half of fiscal yr (FY) 2021.

February 12, 2021, was the ultimate receipt date for brand spanking new cap-subject H-2B employee petitions requesting an employment begin date earlier than October 1, 2021. USCIS stated it should reject new cap-subject H-2B petitions acquired after February 12 that request an employment begin date earlier than October 1.

USCIS continues to just accept H-2B petitions which are exempt from the congressionally mandated cap. This contains petitions for:

• Present H-2B staff in america who want to prolong their keep and, if relevant, change the phrases of their employment or change their employers;
• Fish roe processors, fish roe technicians, and/or supervisors of fish roe processing; and
• Staff performing labor or companies within the Commonwealth of the Northern Mariana Islands and/or Guam from November 28, 2009, till December 31, 2029.

Particulars:

State Dept. Releases Replace on Phased Resumption of Routine Visa Providers

On February 24, 2021, the Division of State (DOS) launched the most recent replace on phased resumption of routine visa companies.

Amongst different issues, the replace notes that on account of the pandemic, many visa candidates have paid the visa software processing price however are nonetheless ready to schedule a visa appointment. DOS stated it’s “working diligently to revive all routine visa operations as shortly and safely as potential.” Within the meantime, DOS has prolonged the validity of machine-readable visa (MRV) charges till September 30, 2022, “to permit all candidates who had been unable to schedule a visa appointment as a result of suspension of routine consular operations a possibility to schedule and/or attend a visa appointment with the price they already paid.”

Particulars:

DOL Proclaims 2021 Hostile Impact Wage Charges for Non-Vary Occupations

On February 23, 2021, the Division of Labor (DOL)’s Employment and Coaching Administration introduced the 2021 Hostile Impact Wage Charges for the employment of short-term or seasonal H-2A nonimmigrant international staff to carry out agricultural labor or companies apart from the herding or manufacturing of livestock on the vary.

The AEWRs are efficient instantly, pursuant to a latest federal court docket order in United Farm Staff v. Dept’ of Labor.

Particulars:

Premium Processing Service Now Accessible to Australian E-3 Petitioners

Petitioners submitting Kind I-129, Petition for a Nonimmigrant Employee, requesting a change or extension of standing to E-3 classification now have the choice to request premium processing service for his or her petition, U.S. Citizenship and Immigration Providers (USCIS) introduced. The

E-3 classification applies solely to nationals of Australia coming to america to carry out companies in a specialty occupation.

USCIS stated that an Australian nationwide who’s exterior america could apply for an E-3 nonimmigrant visa immediately via the Division of State or, within the case of a person already in america, by submitting Kind I-129 with USCIS.

Particulars: