Immigration News Update — Late-September 2021 (Newsletter)

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UP-TO-DATE IMMIGRATION NEWS

Senate Parliamentarian Rejects Inclusion of Immigration Language in $3.5 Trillion Invoice – In a blow to Democrats, President Biden, and immigration advocates, the Senate parliamentarian dominated that immigration language can’t be included within the $3.5 trillion filibuster-proof price range reconciliation invoice.

District Courtroom Vacates H-1B Lottery Wage-Primarily based Ultimate Rule – The rule would have prioritized H-1B visa choice primarily based on wages.

State Dept. Proclaims Tiered Triage of Immigrant Visa Functions at U.S. Embassies and Consulates – U.S. embassies and consulates are utilizing a tiered strategy to triage immigrant visa functions primarily based on the class of immigrant visa as they resume and broaden processing.

State Dept. Expands Classes of Worldwide College students That Can Be Adjudicated With out In-Individual Interviews – The Division licensed consular officers by way of the tip of 2021 to broaden the classes of F, M, and “tutorial J visa candidates” (college students, professors, analysis students, short-term students, and specialists) whose functions will be adjudicated with out an in-person interview of their consular district of residence, with sure exceptions.

Visa Bulletin for October Contains Outlook for Subsequent A number of Months – The Division of State’s Visa Bulletin for October 2021 consists of info on potential motion in visa availability for the subsequent a number of months.

Variety Visa 2021 Replace: State Dept Ordered to “Expeditiously Course of” DV-2021 Functions by Sept. 30 – A U.S. district courtroom preliminarily enjoined the Division from making use of November 2020 prioritization coverage steering to DV-2021 candidates and ordered the Division to undertake good-faith efforts to expeditiously course of DV functions (together with spinoff beneficiaries) by September 30, 2021.

COVID-19 Vaccination Required for Immigration Medical Exams – Efficient October 1, 2021, candidates topic to the immigration medical examination should be absolutely vaccinated towards COVID-19 earlier than the civil surgeon can full the examination.

USCIS Expands Credit score Card Cost Pilot Program to Texas Service Middle – The Texas Service Middle is now accepting bank card funds utilizing Type G-1450, Authorization for Credit score Card Transactions, for petitioners submitting Type I-140, Immigrant Petition for Alien Employees, with Type I-907, Request for Premium Processing Service, or when submitting Type I-907 to improve a pending Type I-140 to premium processing.

FY 2022 H-2B Cap Rely Up to date – The company obtained 26,123 petitions towards the 33,000 cap for the primary half of FY 2022, with 21,096 accepted and 5,027 pending.

Haitians Stream to U.S.-Mexico Border; Administration Plans Flights Out– An estimated 8,000 Haitian migrants have converged in Texas on the border with Mexico, together with a number of thousand migrants from different nations. Biden administration officers informed the media that many can be placed on flights again to Haiti.

New Publications and Objects of Curiosity

New E-Confirm function. A brand new E-Confirm function, myUploads, permits workers to add required paperwork in JPEG, PNG, or PDF codecs to assist resolve Tentative Nonconfirmations (TNCs). Staff can entry their myE-Confirm accounts by logging into their USCIS on-line accounts and importing the requested paperwork. They will nonetheless use fax or mail to submit paperwork if they like. The employer ought to present the Additional Motion Discover (FAN) to the affected worker, focus on the TNC privately with the worker, and permit the worker to determine whether or not she or he will contest the TNC. The FAN consists of the steps for utilizing myUploads to assist resolve a DHS TNC. As soon as uploaded, the worker should name the quantity on the FAN to resolve the case.https://myeverify.uscis.gov/

New SAVE options. Systematic Alien Verification for Entitlements (SAVE) is enhancing its case search capabilities, together with improved usability by way of a search bar and different options, and a extra sturdy case search engine. SAVE will notify customers by e mail a minimum of three weeks earlier than the go-live date for enhancements. https://save.uscis.gov/internet/media/resourcesContents/SAVESearchCasesTipSheet.pdf

Useful Hyperlinks:

Immigration Company Data

ICE:

CBP:

Division of Labor:

Justice Division

Company Twitter Accounts

EOIR: @DOJ_EOIR
ICE: @ICEgov
Research within the States: @StudyinStates
USCIS: @USCIS

Immigrant and worker rights webinars. The Division of Justice’s Immigrant and Worker Rights Part (IER), of the Civil Rights Division, is providing a lot of free webinars for staff, employers, and advocates. For extra info, see https://www.justice.gov/crt/webinars.

Authorities Company Hyperlinks

Comply with these hyperlinks to entry present processing occasions of the USCIS Service Facilities and the Division of Labor, and the Division of State’s newest Visa Bulletin with the newest closing dates for visa numbers:

Division of State Visa Bulletin:

Kuck Baxter Immigration — In The Information

Charles Kuck was quoted by CNN in “Labor Shortages Anticipated to Proceed as Employers Battle With Visa Paperwork and Covid.” Mr. Kuck stated, “Our immigration system is so outdated and so unresponsive to the wants of the twenty first century, it’s actually doing financial harm to our nation. I feel employers are realizing, ‘I’m not going to get these individuals again.’ ” The article additionally discusses the H-2B visa, for which the fiscal yr cap stands at 66,000, with 33,000 for staff beginning employment October 1 to March 31, and 33,000 for these employed April 1 to September 30. https://www.cbs58.com/information/labor-shortages-expected-to-continue-as-employers-struggle-with-visa-bureaucracy-and-covid

mber/Agency Information

Kuck Baxter Immigration LLC has an workplace in Adel, Georgia, close to the Irwin, Folkston, and Stewart Detention Facilities, which maintain greater than 6,000 detained immigrants. The brand new workplace is managed by our Accomplice Elizabeth Matherne, the previous Director for the Southern Poverty Regulation Middle’s Irwin Detention Mission.

We now have modified the situation of our podcast–The Immigration Hour— to Stitcher. We’re coming into our thirteenth yr of steady broadcasts. Hear every week for our newest tackle immigration and immigration regulation!

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