Immigration News Update — April 2021

How Do You Like The Adjustments To Immigration Legislation  — So Far?

Bipartisan Invoice Launched in Senate Would Present As much as 40,000 Unused Immigrant Visas for Medical doctors, Nurses

New laws launched on March 29, 2021, by Democratic and Republican senators would offer unused employment-based immigrant visas for as much as 25,000 overseas nurses and 15,000 overseas physicians and their members of the family. The Healthcare Workforce Resilience Act (S. 1024) is meant to beef up the U.S. response to the COVID-19 pandemic. Beneath are highlights:

• The visas can be made obtainable from a pool of recaptured visas that have been unused in fiscal years 1992 by way of 2020, and wouldn’t be counted towards the overall variety of immigrant visas reserved for skilled nurses and physicians.
• The visas can be exempt from per-country numerical limits and can be issued so as of the precedence date assigned on the time the visa petition was filed.
• The petitioner would wish to attest that the hiring wouldn’t displace a U.S. employee.
• Processing can be expedited.
• The submitting interval can be restricted to 90 days following the termination of President Biden’s COVID-19 pandemic emergency declaration.

The invoice is supported by a number of dozen organizations, together with the American Academy of Household Physicians, the American Academy of Pediatrics, the American Hospital Affiliation, the American Medical Affiliation, the Nationwide Rural Well being Affiliation, and others.

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USCIS Completes Preliminary FY 2022 H-1B Cap Season Choices; Petitions Could Be Filed Now

U.S. Citizenship and Immigration Providers (USCIS) introduced on March 30, 2021, that it acquired sufficient digital registrations throughout the preliminary registration interval to achieve the fiscal yr (FY) 2022 H-1B numerical allocations (H-1B cap), together with the superior diploma exemption (grasp’s cap).

The company notified all potential petitioners with chosen registrations that they’re eligible to file H-1B cap-subject petitions for the named beneficiaries. The submitting interval for petitions started on April 1, 2021. USCIS mentioned that when finishing the Type I-129, Petition for a Nonimmigrant Employee:

[P]lease be certain that the beneath query is included as Query 5 in Complement H on web page 13. If in case you have already crammed out Type I-129 and this query was not included, it’s possible you’ll change Complement H in your petition by printing out and finishing pages 13 and 14 from the present model of Type I-129 on uscis.gov and together with them along with your petition. Beginning July 1, 2021, we’ll solely settle for the 03/10/21 version of Type I-129. Till then, you too can use the 09/30/20 and 01/27/20 editions.

The query to be included states, “In case you chosen a. or d. in Merchandise Quantity 4., and are submitting an H-1B cap petition (together with a petition beneath the U.S. superior diploma exemption), present the Beneficiary Affirmation Quantity from the H-1B Registration Choice Discover for the beneficiary named on this petition (if relevant).”

Particulars:

• FY 2022 H-1B Cap Season Updates, USCIS, Mar. 30, 2021, https://www.uscis.gov/information/alerts/fy-2022-h-1b-cap-season-updates
• H-1B Digital Registration Course of, USCIS, Mar. 4, 2021, https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-electronic-registration-process
• H-1B Cap Season, USCIS, Mar. 31, 2021, https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-cap-season

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DHS Extends I-9 Requirement Flexibility Till Could 31, 2021

The Division of Homeland Safety (DHS) introduced an extension till Could 31, 2021, of the pliability in complying with necessities associated to Type I-9, Employment Eligibility Verification, as a result of ongoing COVID-19 pandemic precautions. The momentary steerage had been set to run out March 31.

The flexibleness applies solely to employers and workplaces which are working remotely.

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“Clean Area” Standards Eradicated for Rejection of Types

U.S. Citizenship and Immigration Providers (USCIS) has eradicated “clean house” type rejection standards launched in 2019 and reverted to the standards it utilized earlier than October 2019.

USCIS will not reject the next varieties based mostly solely on whether or not an applicant leaves a clean house anyplace on the shape: Type I-589, Utility for Asylum and for Withholding of Removing; Type I-612, Utility for Waiver of the International Residence Requirement (beneath Part 212(e) of the Immigration and Nationality Act, as Amended); and Type I-918, Petition for U Nonimmigrant Standing.

Nevertheless, USCIS mentioned it could reject these varieties, or delays could be created, if an applicant leaves required areas clean, fails to reply to questions associated to submitting necessities, or omits any required preliminary proof.

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ICE Proclaims New SEVIS Course of for Cap-Hole Extensions

On March 26, 2021, the Pupil and Alternate Customer Program (SEVP) up to date the Pupil and Alternate Customer Info System (SEVIS) to take away the cap-gap extension hyperlink. This hyperlink allowed designated faculty officers (DSOs) to quickly apply cap-gap aid to the document of an eligible F-1 scholar who’s the beneficiary of a filed H-1B petition however is awaiting affirmation from U.S. Citizenship and Immigration Providers (USCIS) that their petition was chosen for processing. USCIS implementation of the H-1B Digital Registration Course of in 2020 eradicated this want, U.S. Immigration and Customs Enforcement (ICE) mentioned.

SEVIS will routinely add the cap-gap extension to the document of an eligible F-1 scholar who’s a beneficiary of a pending cap-subject H-1B petition, ICE mentioned. If the cap-gap extension notation is lacking from an eligible scholar’s document or different adjustments are wanted, DSOs should contact the SEVP Response Heart (SRC) at 703-603-3400 or 800-892-4829 (e-mail: SEVP@ice.dhs.gov) and request a knowledge repair.

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State Dept. Points Replace on Suspension of Entry for Sure Nonimmigrants

The Division of State issued an replace on Presidential Proclamation 10052, which quickly suspended the entry of sure H-1B, H-2B, J (for sure classes inside the Alternate Customer Program), and L nonimmigrants. That proclamation expired on March 31, 2021.

The Division mentioned that candidates who haven’t but been interviewed or scheduled for an interview may have their functions prioritized and processed in accordance with present “phased resumption of visa companies” steerage. Visa candidates who have been beforehand refused visas as a result of restrictions “might reapply by submitting a brand new utility together with a brand new price.”

The resumption of routine visa companies, prioritized after companies to U.S. residents, is happening on a post-by-post foundation, the Division’s mentioned: “Candidates ought to verify the web site of their nearest U.S. Embassy or Consulate for updates on the companies that put up is presently providing.”

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EOIR Implements Revised Case Stream Processing Mannequin for Sure Non-Detained Instances

In a memorandum issued on April 2, 2021, the Division of Justice’s Government Workplace for Immigration Evaluate (EOIR) issued a revised case circulation processing mannequin and canceled a coverage memorandum issued in November 2020 (PM 21-05) that applied a brand new mannequin typically making use of to removing instances involving non-detained respondents with illustration.

Normally, beneath the brand new mannequin, for non-detained instances wherein a consultant information a Type EOIR-28 no less than 15 days earlier than a grasp calendar listening to, “the listening to will probably be vacated and the courtroom will ship to the events a scheduling order, setting deadlines for the submitting of written pleadings and any proof associated to the costs of removability. The deadline will probably be 30 days after essentially the most just lately scheduled listening to date, whether or not vacated or held, except pleadings have already been taken or a deadline is in any other case specified by the immigration decide. The place vital, events might request a grasp calendar listening to or search extensions of submitting deadlines by written movement,” EOIR mentioned.

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Labor Dept. Asks for Information on Information Sources/Strategies for Prevailing Wage Determinations

On April 2, 2021, the Division of Labor invited events to offer data on the sources of information and methodologies for figuring out prevailing wage ranges protecting employment alternatives that U.S. employers search to fill with overseas employees on a everlasting or momentary foundation by way of sure employment-based immigrant visas or by way of H–1B, H–1B1, and E–3 nonimmigrant visas.

The data acquired in response to this request for data “will inform and be thought-about by the Division because it opinions the ultimate rule,” Strengthening Wage Protections for the Short-term and Everlasting Employment of Sure Aliens in america, revealed on January 14, 2021. The Division mentioned that its evaluate “might end result within the improvement of a future discover of proposed rulemaking to revise the computation of prevailing wage ranges in a way that extra successfully ensures the employment of sure immigrant and nonimmigrant employees doesn’t adversely have an effect on the wages of U.S. employees equally employed.”

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Labor Dept. Solicits Feedback on O*NET Information Assortment Authority

The Division of Labor’s Employment and Coaching Administration (ETA) is soliciting feedback regarding a proposed extension for the authority to conduct the data assortment request (ICR) titled, “O*NET Information Assortment Program.”

The O*NET Information Assortment Program is “an ongoing effort to gather and keep present data on the detailed traits of occupations and abilities for greater than 900 occupations,” the discover explains. The ensuing database “gives essentially the most complete standardized supply of occupational and abilities data within the nation.” The Division famous that O*NET data is “utilized by a variety of audiences, together with people making profession choices, public businesses and faculties offering profession exploration companies or schooling and coaching packages, and companies making staffing and coaching choices. The O*NET system gives a standard language, framework and database to satisfy the executive wants of assorted federal packages, together with workforce funding and coaching packages.”

Feedback are due by Could 28, 2021.

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Maryland Governor Asks for Elimination of Lottery System and Extra H-2B Visas to Assist Seafood Business, Others

On March 23, 2021, Maryland Governor Larry Hogan despatched a letter to Alejandro Mayorkas, Secretary of Homeland Safety, and Marty Walsh, Secretary of Labor, asking for elimination of the H-2B nonimmigrant visa lottery system and a rise within the variety of H-2B visas, now capped yearly at 66,000, “to the utmost allowable beneath federal legislation and beneath the legislative language included within the omnibus invoice.” Of specific concern is Maryland’s blue crab harvest season, which began on April 1.

Gov. Hogan mentioned the request was in help of “Maryland’s seafood trade and different seasonal employers.” He mentioned that H-2B employees are “important” and “important to Maryland’s seafood trade and market, which has grown to incorporate regional, nationwide, and worldwide attain.” He famous that Maryland “has fought” to help the seafood trade throughout the COVID-19 pandemic and to “discover inventive methods to guard our markets and employees.” A lack of H-2B employees would “negate that work, disrupt an already irregular provide chain, jeopardize the state’s $355 million seafood trade, and threaten hundreds of direct and oblique jobs,” he warned, citing analysis by the College of Maryland indicating that each H-2B momentary employee in crab processing, for instance, “helps create a mean 2.5 jobs for Americans.” He mentioned that with out the momentary employees and an finish to the “arbitrary lottery system,” iconic household and small companies may very well be compelled to shut.

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Class Motion Filed In opposition to DHS for L-2 and H-4 Processing Delays

On March 22, 2021, the American Immigration Legal professionals Affiliation (AILA) and Wasden Banias, LLP, filed a category motion lawsuit towards the Division of Homeland Safety (DHS), difficult processing delays on extensions of standing and employment authorization paperwork (EADs) for H-4 and L-2 nonimmigrant spouses.

AILA President Jennifer Minear mentioned, “DHS can and should revoke the pointless biometrics necessities for H-4 and L-2 nonimmigrants, present automated work authorization whereas DHS processes EAD renewal requests, and permit EAD candidates to file their renewal functions before 180 days previous to EAD expiration to stop gaps in work authorization.’

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USCIS Extends Flexibilities for Responding to Company Requests

U.S. Citizenship and Immigration Providers (USCIS) has prolonged flexibilities in response to the continuing COVID-19 pandemic. USCIS will think about a response to sure requests and notices acquired inside 60 calendar days after the response due date set within the request or discover earlier than taking any motion. Moreover, the company will think about a Type N-336 or Type I-290B acquired as much as 60 calendar days from the date of the choice earlier than taking any motion. This flexibility applies to the paperwork if the issuance date listed on the request, discover, or determination is between March 1, 2020, and June 30, 2021, inclusive.

Affected paperwork embrace requests for proof; continuations to request proof (N-14); notices of intent to disclaim, revoke, rescind, or terminate regional facilities; and motions to reopen an N-400 pursuant to eight CFR 335.5.

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SEVP Reviews 2020 Drop in Worldwide Pupil Enrollment

U.S. Immigration and Customs Enforcement’s Pupil and Alternate Customer Program (SEVP) reported a drop of 72 % in new worldwide scholar enrollment in U.S. faculties in 2020 as in comparison with calendar yr 2019. Decreases have been attributed to the COVID-19 pandemic and Trump-era immigration insurance policies. The annual report, which presents information from the Pupil and Alternate Customer Info System, additionally famous that worldwide college students selected enterprise administration as a significant most frequently in 2020, adopted by second-language studying and pc science.

Additionally, in keeping with the report:

• The overall variety of SEVIS information for lively F-1 and M-1 college students was 1,251,569 in calendar yr 2020, a lower of 17.86 % from calendar yr 2019.
• There have been 122,699 pre- and post-completion non-compulsory sensible coaching (OPT) college students with an employment authorization doc who reported working for an employer in calendar yr 2020, in comparison with 138,898 in calendar yr 2019—a virtually 12 % lower.
• Chinese language scholar enrollment declined in 2020 in contrast with 2019 (down by 91,936). Indian scholar enrollment additionally decreased (down by 41,761 in 2020 versus 2019).

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EOIR Releases New Interactive Coverage Guide

The Government Workplace for Immigration Evaluate (EOIR) introduced the discharge of its first interactive coverage handbook. EOIR mentioned the handbook is the “end result of a multi-year mission that represents the company’s first complete evaluate of its insurance policies. This effort concerned cross-component collaboration and the dedication of many workers to determine redundancies, make clear ambiguities, remove surplusage, and replace insurance policies to mirror present legislation and observe.”

EOIR mentioned the handbook contains the Immigration Court docket and Board of Immigration Appeals Follow Manuals, the Workplace of the Chief Administrative Listening to Officer Follow Guide, and all present company coverage memoranda.

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State Dept. Proposes Improve in Passport Safety Surcharge

The Division of State issued a proposed rule on March 26, 2021, to boost the passport safety surcharge from $60 to $80.

Feedback are due by Could 25, 2021.

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USCIS Points Steering on P-1A Internationally Acknowledged Athletes

U.S. Citizenship and Immigration Providers (USCIS) issued up to date coverage steerage on internationally acknowledged athletes (P-1A nonimmigrants). The replace within the USCIS Coverage Guide gives extra detailed steerage on the required potential degree of efficiency and gives USCIS’s interpretation of, and examples associated to, the undefined regulatory phrase, “main United States sports activities league or workforce” because it pertains to internationally acknowledged P-1A athletes.

The steerage clarifies that “main United States sports activities league” is interpreted as “one which has a distinguished status commensurate with an internationally acknowledged degree of efficiency, and “main United States sports activities workforce” means “a workforce that participates in such a league.”

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Home Passes ‘Dreamer’ and Farmworker Payments; Senate Passage Unsure

On March 18, 2021, two immigration-related payments handed within the Home of Representatives with bipartisan help. The payments are briefly summarized beneath:

• The American Dream and Promise Act (H.R. 6) handed the Home 228-197, with 9 Republicans becoming a member of Democrats in voting in favor. The laws contains provisions to create a pathway to legalization for an estimated 2.5 million “Dreamers” who got here to america as youngsters, granting conditional everlasting residence for 10 years, granting full everlasting resident standing topic to sure necessities, and canceling removing proceedings for eligible individuals.

The invoice imposes numerous qualifying necessities for conditional everlasting residence, such because the particular person being constantly bodily current in america since January 1, 2021, passing a background verify, and being enrolled in or having accomplished sure academic packages. The situations positioned on everlasting resident standing can be eliminated if the particular person applies and meets sure necessities, corresponding to finishing sure packages at an academic establishment, serving within the navy, or being employed. Removing additionally can be canceled and a path to everlasting residence can be supplied for sure beneficiaries of momentary protected standing or deferred enforced departure.

• The Farm Workforce Modernization Act (H.R. 1603) handed the Home 247-174, with 30 Republicans becoming a member of all however one Democrat in voting in favor. The laws contains provisions to streamline the H-2A agricultural employee visa course of, set up a pathway for eligible farmworkers to acquire everlasting residence (inexperienced playing cards), and create momentary standing as “Licensed Agricultural Employees.” Roughly one million farmworkers may very well be affected by the laws.

Each payments now head to the Senate, the place their fates are unsure.

Particulars:

• American Dream and Promise Act of 2021 (H.R. 6), https://www.congress.gov/invoice/117th-congress/house-bill/6
• Farm Workforce Modernization Act of 2021 (H.R. 1603), https://www.congress.gov/invoice/117th-congress/house-bill/1603
• “Home Tackles Biden’s Immigration Plans Amid Migrant Inflow,” New York Occasions, Mar. 15, 2021, https://www.nytimes.com/2021/03/15/us/politics/biden-immigration-plan-bill.html (subscription)
• “Home Passes Pair of Immigration Payments Amid Inflow of Migrants Crossing U.S.-Mexico Border,” CNN Politics, Mar. 18, 2021, https://www.cnn.com/2021/03/18/politics/house-immigration-vote-bills/index.html
• “Immigration Payments Handed within the Home Face Unsure Destiny within the Senate,” CBS Information, Mar. 19, 2021, https://www.cbsnews.com/information/immigration-bills-daca-senate-obstacles/
• “Home Votes to Give Hundreds of thousands of Dreamers and Farmworkers a Path to Citizenship,” New York Occasions, Mar. 18, 2021, https://www.nytimes.com/2021/03/18/us/politics/biden-immigration.html (subscription)
• “Home Passes Immigration Invoice, Creating Pathway to Citizenship for ‘Dreamers’,” USA As we speak, Mar. 18, 2021, https://www.usatoday.com/story/information/politics/2021/03/18/house-passes-immigration-bill-creating-citizenship-pathway-dreamers/4729821001/
• “Immigration Invoice Creating Inexperienced Card Course of for Farmworkers Passes Home, Laws Now Goes to Senate,” USA As we speak, Mar. 18, 2021, https://www.usatoday.com/story/information/politics/2021/03/18/house-passes-bill-gives-legal-status-undocumented-farmworkers/4729871001/

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DHS Withdraws Affidavit of Help Proposed Rule

On March 19, 2021, the Division of Homeland Safety (DHS) introduced the withdrawal of a proposed rule, “Affidavit of Help on Behalf of Immigrants,” revealed on October 2, 2020. The company mentioned that by withdrawing the rule, “DHS goals to cut back obstacles and alleviate burdens on American households who want to sponsor people immigrating to the U.S. inside the authorized immigration system.” The withdrawal discover will probably be revealed within the Federal Register on March 22, 2021.

The proposed rule would have revised DHS rules governing affidavit of help necessities. The withdrawal follows an government order President Biden issued on February 2, 2021, “Restoring Religion in Our Authorized Immigration Programs and Strengthening Integration and Inclusion Efforts for New Individuals,” which revoked a associated 2019 presidential memorandum.

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EB-5 Reauthorization Invoice Launched in Senate

On March 18, 2021, Sens. Charles Grassley (R-Iowa) and Patrick Leahy (D-Vt.) launched the “EB-5 Reform and Integrity Act of 2021,” a invoice that will reauthorize the EB-5 Regional Heart Program, set to run out on the finish of June, by way of 2026. The invoice additionally contains measures to handle fraud and nationwide safety considerations.

In accordance with statements from Sens. Grassley and Leahy, the bipartisan invoice would set up new disclosure necessities for EB-5 regional facilities “to guard buyers and certify regional middle compliance with program guidelines.” It additionally would require the Division of Homeland Safety to carry out common audits of and web site visits to regional facilities.

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Labor Dept. Proposes Additional Delay of Efficient Date of Prevailing Wage Rule

On March 12, 2021, the Division of Labor’s Employment and Coaching Administration (ETA) revealed a closing rule delaying till Could 14, 2021, the efficient date of a rule, “Strengthening Wage Protections for the Short-term and Everlasting Employment of Sure Aliens in america,” which was revealed January 14, 2021. ETA proposes to additional delay the efficient date of the rule by 18 months, till November 14, 2022, together with corresponding proposed delays to the rule’s transition dates.

The proposed delay discover, which features a request for feedback, will probably be revealed within the Federal Register on March 22, 2021.

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Registration Interval Opens for TPS for Syrians

The Division of Homeland Safety (DHS) has prolonged and redesignated Syria for momentary protected standing (TPS) for 18 months, efficient March 31, 2021, by way of September 30, 2022. The 60-day re-registration interval started March 19, 2021, and runs by way of Could 18, 2021.

U.S. Citizenship and Immigration Providers (USCIS) is routinely extending the validity of employment authorization paperwork (EADs) beforehand issued beneath the TPS designation of Syria for 180 days, by way of September 27, 2021. USCIS will concern new EADs with a September 30, 2022, expiration date to eligible Syrian TPS beneficiaries who well timed re-register and apply for EADs throughout the re-registration interval.

The extension permits roughly 6,700 present beneficiaries to re-register and retain TPS by way of September 30, 2022, so long as they in any other case proceed to satisfy the TPS eligibility necessities. The re-designation of Syria permits an estimated 1,800 extra people who’ve been constantly residing in america since March 19, 2021, and constantly bodily current in america since March 31, 2021, to file preliminary functions to acquire TPS if they’re in any other case eligible, USCIS mentioned.

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USCIS Stops Making use of Public Cost Last Rule to All Pending Functions and Petitions

U.S. Citizenship and Immigration Providers (USCIS) stopped making use of the general public cost closing rule to all pending functions and petitions on March 9, 2021. The company eliminated content material associated to the vacated rule from the affected USCIS varieties and posted up to date variations of affected varieties.

Beginning April 19, 2021, USCIS will settle for solely the 03/10/21 version of those varieties: I-864, I-864A, I-864EZ, I-864W; I-539, I-539A; I-129CW, I-129CWR; I-129; I-485, I-485A, I-485J; and
I-912.

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CBP Extends Short-term Journey Restrictions Between U.S. and Canada/Mexico

U.S. Customs and Border Safety introduced that momentary journey restrictions between america and Canada, and between america and Mexico, at land ports of entry alongside the border (together with passenger ferry companies and pleasure boat journey) will stay in impact by way of April 21, 2021. Journey will probably be restricted to that deemed “important,” as a result of continued transmission of the virus related to the COVID-19 pandemic.

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DHS Rescinds Public Cost Rule, Withdraws Appeals of Injunctions Blocking It

The Division of Homeland Safety (DHS) rescinded rules ensuing from a closing rule issued in August 2019 that was vacated by a federal district courtroom. Underneath the now-rescinded rule, the federal government might deny functions for inexperienced playing cards, momentary nonimmigrant standing, and naturalization if the federal government discovered they relied on—or have been vulnerable to counting on—public advantages. The Biden administration additionally withdrew the federal authorities’s appeals of injunctions blocking the DHS public cost rule. Nevertheless, 11 Republican-led states mentioned that they plan to ask courts to proceed the litigation.

USCIS will concern up to date steerage on affected varieties. Within the interim, USCIS mentioned it won’t reject any Type I-485 based mostly on the inclusion or exclusion of Type I-944, and won’t reject Types I-129, I-129CW, I-539, or I-539A based mostly on whether or not the general public advantages questions (Types I-129 (Half 6), I-129CW (Half 6), I-539 (Half 5), and I-539A (Half 3)) have been accomplished or left clean. These issued Requests For Proof (RFEs) and Notices of Intent to Deny (NOIDs) won’t have to submit data or paperwork solely as required by the general public cost rule. Nevertheless, all different requests raised within the RFE/NOID have to be answered.

Particulars:

• “DHS Secretary Assertion on the 2019 Public Cost Rule,” USCIS, Mar. 9, 2021, https://www.uscis.gov/information/news-releases/dhs-secretary-statement-on-the-2019-public-charge-rule
• Last Rule: Inadmissibility on Public Cost Grounds; Implementation of Vacatur, https://bit.ly/3cuVnJG
• USCIS steerage, https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge
• Joint Stipulation to Dismiss, DHS v. State of New York, https://bit.ly/3cspEsn
• “States Search to Take Over Protection of ‘Public Cost’ Rule,” Reuters, Mar. 11, 2021, https://www.reuters.com/article/immigration-publiccharge/states-seek-to-take-over-defense-of-public-charge-rule-idUSL1N2L93DH

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State Dept. Releases Steering for These Beforehand Refused Visas Underneath Journey Bans

On March 10, 2021, the Division of State issued steerage in response to President Biden’s signing of two proclamations on January 20, 2021, that ended journey bans on sure nationals, based mostly on visa sort, from Burma, Eritrea, Iran, Kyrgyzstan, Libya, Nigeria, North Korea, Somalia, Sudan, Syria, Tanzania, Venezuela, and Yemen.

Following the Division’s evaluate, eligible immigrant visa candidates whose entry was refused beforehand beneath the journey bans and who didn’t qualify for waivers earlier than January 20, 2020, might submit new visa functions. These whose entry was refused beneath the bans and have been decided to not qualify for a waiver on or after January 20, 2020, might request their native embassy or consulate to rethink their instances inside one yr of the date of waiver refusal with out submitting a brand new utility or price.

Nonimmigrant visa candidates whose entry was refused beforehand as a result of journey bans and who didn’t qualify for waivers might submit new visa functions.

The Division can instantly course of visa functions for eligible people from the affected nations. Nevertheless, native U.S. embassies or consulates might not be capable of schedule all affected candidates for visa interviews instantly as a result of COVID-19-related restrictions. Candidates ought to seek the advice of the web site of their nearest U.S. embassy or consulate to find out if their instances qualify for expedited processing.

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State Dept. Extends Growth of Interview Waiver Eligibility

The Division of State, in session with the Division of Homeland Safety, prolonged till December 31, 2021, a brief enlargement of the flexibility of consular officers to waive the in-person interview requirement for people making use of for a nonimmigrant visa in the identical classification to these whose nonimmigrant visas expired inside 48 months. The momentary coverage was as a result of expire March 31, 2021.

Beforehand, solely these candidates whose nonimmigrant visas expired inside 24 months have been eligible for interview waivers. This variation “will enable consular officers to proceed processing sure nonimmigrant visa functions whereas limiting the variety of candidates who should seem at a consular part, thereby lowering the chance of COVID-19 transmission to different candidates and consular workers,” the Division of State mentioned. Vacationers ought to evaluate the web site of the closest U.S. embassy or consulate for particulars on obtainable companies and eligibility data and directions on making use of for a visa with out an interview.

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USCIS Could Reopen H-1B Petitions Denied Underneath Three Rescinded Coverage Memos

U.S. Citizenship and Immigration Providers (USCIS) introduced on March 12, 2021, that it could reopen and/or rethink hostile H-1B choices on Type I-129, Petition for a Nonimmigrant Employee, that have been made based mostly on three rescinded coverage memoranda. USCIS mentioned it “will typically use its discretion to simply accept a movement to reopen filed greater than 30 days after the choice, if filed earlier than the tip of the validity interval requested on the petition or labor situation utility, whichever is earlier, and the choice was based mostly on a number of insurance policies within the rescinded H-1B memoranda beneath.” The rescinded memos embrace:

• “Figuring out Employer-Worker Relationship for Adjudication of H-1B Petitions, Together with Third-Celebration Website Placements (Reference AFM Chapter 31.3(g)(16)),” HQ 70/6.2.8 [AD 10-24)] (Jan. 8, 2010)
• “Contracts and Itineraries Necessities for H-1B Petitions Involving Third-Celebration Worksites,” PM-602-0157 (Feb. 22, 2018)
• “Rescission of the December 22, 2000 ‘Steering memo on H1B pc associated positions’,” PM-602-0142 (Mar. 31, 2017)

USCIS made the rescissions in memoranda issued on June 17, 2020, and on February 3, 2021.

Particulars:

• “USCIS Could Reopen H-1B Petitions Denied Underneath Three Rescinded Coverage Memos,” USCIS, Mar. 12, 2021, https://www.uscis.gov/information/alerts/uscis-may-reopen-h-1b-petitions-denied-under-three-rescinded-policy-memos
• USCIS June 17, 2020, memorandum, PM-602-0114, https://www.uscis.gov/websites/default/information/doc/memos/PM-602-0114_ITServeMemo.pdf
• USCIS February 3, 2021, memorandum, PM-602-0142.1, https://www.uscis.gov/websites/default/information/doc/memos/PM-602-0142.1_RescissionOfPM-602-0142.pdf

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ABIL Asks for Withdrawal of H-1B Lottery Rule Prioritizing Wages; DHS Delays Efficient Date Till Could 14

The Alliance of Enterprise Immigration Legal professionals (ABIL) formally submitted a remark asking the Division of Homeland Safety (DHS) to withdraw its closing rule prioritizing wages in adjudicating H-1B functions.

ABIL mentioned the ultimate rule “would unlawfully and unjustifiably give desire to employees who earn increased wages, even though these wages are drawn from restricted federal information sources” which are “not designed for utility to the H-1B visa program, and bear no relation to the worth a extremely expert employee provides to america.” ABIL believes that due to the wide range of occupational classes into which H-1B beneficiaries might fall, using wage information as a proxy for top abilities and {qualifications} “won’t accomplish the outcomes DHS wishes” and as an alternative “will unfairly discriminate towards and burden law-abiding employers,” notably small and medium-size companies that can discover the H-1B program unaffordable in consequence.

ABIL additionally warned that the ultimate rule is more likely to “trigger extra work to be commissioned offshore” and thus undermine alternatives for U.S. employees together with the Biden administration’s want that extra work be carried out in america.

On March 12, 2021, DHS delayed the efficient date of the wage rule till Could 14, 2021. DHS mentioned the 60-day delay would enable the company to “evaluate any questions of reality, legislation, or coverage.”

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Lawsuit Challenges USCIS Rejections of H-1B Petitions Filed After October 1

The American Immigration Council (AIC) sued on March 11, 2021, in federal courtroom on behalf of seven U.S. employers whose H-1B petitions have been rejected. The lawsuit challenges U.S. Citizenship and Immigration Providers’ (USCIS) “arbitrary and capricious refusal to simply accept well timed and correctly filed H-1B petitions” topic to the annual cap. AIC mentioned USCIS rejected the petitions filed after October 1 “just because the H-1B employee’s supposed employment begin date—naturally—additionally fell after October 1.” Primarily based on this timeline, AIC mentioned, “USCIS created an absurd selection: overseas employees wanted to start out on October 1 (and never a day later), or the U.S. employer needed to misrepresent the supposed employment start-date by ‘back-dating’ the petition.” In truth, AIC famous, USCIS had accepted some with an employment begin date after October 1 with out concern.Particulars:·       “Difficult USCIS’ Arbitrary Rejections of Petitions Filed After October 1,” American Immigration Council, https://www.americanimmigrationcouncil.org/litigation/challenging-uscispercentE2percent80percent99-arbitrary-rejections-h-1b-petitions-filed-after-october-1  ·       Criticism, https://bit.ly/30DKhfF

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DHS Designates Venezuela, Burma for TPS for 18 Months

The Division of Homeland Safety (DHS) has designated Venezuela and Burma for momentary protected standing (TPS) for 18 months.Venezuela TPSVenezuela has been designated for TPS till September 2022. The 180-day registration interval for eligible people to submit TPS functions started March 9, 2021, and is efficient by way of September 5, 2021. DHS mentioned the designation is because of “extraordinary and momentary situations in Venezuela” that stop its nationals from returning safely, “together with a posh humanitarian disaster marked by widespread starvation and malnutrition, a rising affect and presence of non-state armed teams, repression, and a crumbling infrastructure.”The brand new TPS designation for Venezuela permits eligible Venezuelan nationals (and people with out nationality who final resided in Venezuela) presently residing in america to file preliminary functions for TPS. Solely those that can display steady residence in america as of March 8, 2021, are eligible for TPS beneath Venezuela’s designation. A Federal Register discover gives extra particulars on how and when to use for TPS and associated employment authorization.The discover additionally gives details about Deferred Enforced Departure (DED) for eligible Venezuelan nationals (and individuals with out nationality who final habitually resided in Venezuela), and explains how eligible people might apply for DED-related employment authorization with USCIS, based mostly on the January 19, 2021, memorandum from former President Donald Trump directing the Secretary to take acceptable measures for the implementation of DED for Venezuelan nationals for 18 months, by way of July 20, 2022.Burma TPSThe brand new designation of Burma for TPS, which DHS mentioned was in response to a navy coup and safety forces’ violence towards civilians that’s inflicting a “advanced and deteriorating humanitarian disaster,” permits eligible Burmese nationals (and people with out nationality who final habitually resided in Burma) presently residing in america to file preliminary functions for TPS. For Burma, solely those that can display steady residence in america as of March 11, 2021, will probably be eligible for TPS beneath Burma’s 18-month designation. An upcoming Federal Register discover will present extra particulars on how and when to use for TPS and associated employment authorization.Particulars:·       “Secretary Mayorkas Designates Venezuela for Short-term Protected Standing for 18 Months,” USCIS, Mar. 8, 2021, https://www.uscis.gov/information/news-releases/secretary-mayorkas-designates-venezuela-for-temporary-protected-status-for-18-months ·       “Secretary Mayorkas Designates Burma for Short-term Protected Standing,” USCIS, Mar. 12, 2021, https://www.dhs.gov/information/2021/03/12/secretary-mayorkas-designates-burma-temporary-protected-status ·       Federal Register discover on Venezuela TPS, Mar. 9, 2021, https://www.federalregister.gov/paperwork/2021/03/09/2021-04951/designation-of-venezuela-for-temporary-protected-status-and-implementation-of-employment

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State Dept. Launches Month-to-month Dwell “Chats with Charlie” re Visa Bulletin

The Division of State’s Visa Bulletin for April 2021 introduced the launch of stay month-to-month “Chats with Charlie.” @TravelGov will start internet hosting “Chats with Charlie” on its YouTube channel (https://www.youtube.com/consumer/TravelGov) to debate data supplied within the month-to-month Visa Bulletin. Questions might be emailed to VisaBulletin@state.gov forward of the occasion with “Chat with Charlie Query” within the topic line. Questions may even be taken by way of the YouTube Dwell Chat function and will probably be answered in actual time. The Division mentioned the occasion is meant to handle problems with basic curiosity associated to the content material of the Visa Bulletin. No coverage, case, or post-specific questions will probably be accepted.Particulars:·       April 2021 Visa Bulletin, Dept. of State, https://journey.state.gov/content material/journey/en/authorized/visa-law0/visa-bulletin/2021/visa-bulletin-for-april-2021.html

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ABIL World: Canada

There are new pandemic-related guidelines for journey throughout the land border and by air.

New COVID-19 Journey Guidelines

The federal authorities introduced new COVID-19 pandemic-related journey guidelines in February:

Journey Throughout the Land Border

Non-essential vacationers (corresponding to returning “snowbirds”) should present proof of a detrimental COVID-19 check taken not than 72 hours earlier. Along with the pre-departure COVID check, one other COVID check will probably be administered on the land border. The traveler can then proceed to the deliberate place of quarantine and should self-administer one other COVID check throughout the 14-day quarantine. The self-test package will probably be supplied on the border.

Journey by Air

Along with the pre-departure COVID check taken 72 hours earlier than boarding a flight to Canada, all people, Canadians included, should take a check upon arrival on the first Canadian airport. They have to then look forward to the check end result at a lodge on the official listing and canopy the price of as much as CA $2,000 for the lodge (costs will range) and testing. The lodge have to be booked earlier than boarding the aircraft to Canada. Upon receipt of the check end result, they could journey to their closing quarantine vacation spot for the remaining days (14 days whole) and should self-administer one other COVID check. The self-test package will probably be supplied on the airport. The next particulars additionally apply:

• The lodge have to be booked on the first Canadian airport, that means {that a} traveler who has a layover in Canada earlier than their closing vacation spot should stay on the transit airport lodge till the check comes again detrimental. Solely then can the ultimate leg of the journey be accomplished.
• There isn’t any exemption for vaccinated vacationers.
• It’s anticipated that the present exemptions (e.g., for medical personnel and important employees) will stay legitimate, however this has not but been confirmed.
• Flights on Canadian airways to and from Mexico and the Caribbean stay suspended till April 30, 2021.

ArriveCAN stays necessary for airport and land border arrivals. See https://www.canada.ca/en/public-health/companies/ailments/coronavirus-disease-covid-19/arrivecan.html