Immigration News Update (Newsletter) — Mid-October 2021

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India and China EB-3 Retrogress Due to USCIS Incompetence

The Division of State’s Visa Bulletin for November 2021 revealed a disappointing retrogression in last motion dates. For instance, the third choice class for India and China’s last motion dates retrogressed considerably leaving beneficiaries and their households in limbo. This information is irritating because the mire of backlog continues to unfold throughout the U.S. Immigration system because of DOS and USCIS incompetence. DOS, in its assertion, causes that the retrogression was “a direct results of terribly heavy applicant demand for [visa] numbers” by USCIS officers in adjustment of standing circumstances. Advocates, together with Kuck Baxter’s managing companion, Charles Kuck, are calling for motion to deal with and scale back backlogs and inefficiencies instantly. Quoted in Bloomberg Regulation this week, Mr. Kuck acknowledged that USCIS could possibly be doing extra. He identified, “The concept that USCIS doesn’t have the sources is just not true. They don’t have the need.” We can be watching these points for added developments as we proceed to carry the federal government accountable, and battle for our purchasers and a greater, extra environment friendly immigration system!

Learn beneath for extra on this and the opposite immigration information of the day.

At Kuck Baxter Immigration, we’re devoted to offering you up with the minute data by Twitter, Fb, Linkedin, our Weblog, and our Podcast. Don’t neglect to test these out, and don’t hesitate to ship your questions or feedback. Info and data are energy.

Upcoming Occasions and Kuck Baxter Immigration Media

Each day at 2:00 pm, we now have been doing day by day Fb Reside occasions on daily basis on the Kuck Baxter Immigration Fb Web page, in each English and Spanish. You’re at all times welcome to cease by and ask your questions stay or ship a non-public Fb message.

Throughout regular instances, we recurrently communicate at group occasions, persevering with authorized training seminars, Human Useful resource conferences, and at universities and schools across the US. If you need us to talk to your group without cost, tell us! Additionally, try our web site and are available on out to an occasion! We additionally do a Fb stay each week, in each English and Spanish, on daily basis at 2 pm. Comply with us on our Fb web page and catch the motion! You too can comply with us on our YouTube web page, which has a whole bunch of movies encompassing each immigration subject.

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Our Weblog is up to date every week with data, breaking information, and solutions to questions it’s worthwhile to know!

You too can take heed to our High 50 rated podcast, “The Immigration Hour” podcast, that we publish every Wednesday. Obtain it and hear at your leisure. When you have feedback on the podcast or matters you prefer to us to speak about on The Immigration Hour, tell us!

Right here is the Immigration Information You NEED to Know Now

UP-TO-DATE IMMIGRATION NEWS

DHS Pronounces Totally Vaccinated Vacationers From Canada and Mexico Will Be Allowed to Enter United States at Land Borders and Ferry Crossings – The modifications will happen in two phases over the subsequent few months.

India and China EB-3 Dates Retrogress in November 2021 Visa Bulletin – The Division of State’s Visa Bulletin for November 2021 is inflicting consternation and elevating queries from beneficiaries trapped in backlogs.

Senate Democrats Assessment Choices for Immigration Provisions in Reconciliation Invoice – Senate Democrats are contemplating numerous choices for together with scaled-down immigration provisions in a price range reconciliation invoice the next rejection by the Senate parliamentarian of proposals for extra sweeping modifications.

USCIS Reaches H-2B Cap for First Half of FY 2022 – USCIS acquired sufficient petitions to achieve the congressionally mandated cap on H-2B visas for momentary nonagricultural staff for the primary half of the fiscal 12 months 2022.

DHS Secretary Mayorkas Pronounces New Immigration Enforcement Priorities – Secretary Mayorkas introduced new tips for immigration enforcement priorities that target nationwide safety, public security, and border safety and emphasize prosecutorial discretion and particular person evaluation. The brand new tips take impact on November 29, 2021.

DHS Ends Mass Worksite Enforcement Operations, Points Coverage Steering – DHS up to date its insurance policies on worksite enforcement to deal with unscrupulous employers. DHS mentioned it now not conducts mass worksite operations, generally referred to as raids.

Courtroom Establishes Timeframe for Processing 9,905 Range Visas – A federal court docket has ordered the Division of State to complete processing 9,905 DV-2020 visas by September 30, 2022.

CIS Ombudsman Releases Tips about Speaking With USCIS Contact Middle – Suggestions embrace when to achieve out to the USCIS Contact Middle; the place to test case standing; when to make use of on-line instruments; tips on how to submit case inquiries and repair requests; what constitutes an emergency; tips on how to expedite a case; how biometrics appointments are scheduled; tips on how to reschedule appointments and interviews; and different recommendation.

CIS Ombudsman Releases Readout and Q&As From Webinar on Submitting for TPS and Concurrent Work Authorization – The CIS Ombudsman launched data from its public webinar discussing eligibility, required proof, and account options for on-line submitting of Type I-821, Software for Momentary Protected Standing, and concurrent submitting of Type I-765, Software for Employment Authorization.

For particulars on these information briefs, click on right here!

New Publications and Objects of Curiosity

New E-Confirm characteristic. A brand new E-Confirm characteristic, myUploads, permits staff 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, talk about 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 a search bar and different options, and a extra sturdy case search engine. SAVE will notify customers by e-mail at the very least three weeks earlier than the go-live date for enhancements. https://save.uscis.gov/internet/media/resourcesContents/SAVESearchCasesTipSheet.pdf

Useful Hyperlinks:

Immigration Company Info

ICE:

CBP:

Division of Labor:

Justice Division

Company Twitter Accounts

EOIR: @DOJ_EOIR
ICE: @ICEgov
Examine 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 quite a few free webinars for staff, employers, and advocates. For extra data, see https://www.justice.gov/crt/webinars.

Authorities Company Hyperlinks

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

Division of State Visa Bulletin:

Kuck Baxter Immigration — In The Information

Charles Kuck was quoted by Bloomberg Regulation in “Power Inexperienced Card Backlog Positive factors Lawmakers’ Bipartisan Consideration. Commenting on issues U.S. Citizenship and Immigration Providers (USCIS) may do to cut back backlogs, Mr. Kuck mentioned, “The concept that USCIS doesn’t have the sources is just not true. They don’t have the need.” https://bit.ly/3ARW2ii(registration required)

Charles Kuck was quoted by the Atlanta Journal-Structure in “Kemp’s Immigration Coverage May Complicate Bid for Second Time period.” Mr. Kuck mentioned Governor Brian Kemp of Georgia was seeking a “shiny object” to distract from former President Trump’s ongoing assaults focusing on the governor. “This can be a reelection stunt. If he’s going to the border, he’s trying to find an answer that doesn’t exist,” Mr. Kuck mentioned. https://bit.ly/3Bt9gDo

Charles Kuck, represented plaintiffs in a current case, Kinsley v. Blinken, wherein a U.S. district court docket decide issued a choice on October 5, 2021, prohibiting using journey bans as a purpose to not course of or situation visas. Mr. Kuck was quoted by the Occasions of India in “Good Information for H-1B Visa Holders Stranded in India.” Mr. Kuck mentioned, “We’re grateful that Choose Boasberg noticed by the cascade of baseless authorized theories put ahead by the Division of State to lastly and affirmatively rule that it’s a violation of federal regulation to refuse to situation visas solely as a result of a President has proclaimed an entry ban beneath the Immigration and Nationality Act 212(f). We name on the Division of State to now cast off its ridiculous and legally pointless nationwide curiosity exemption program and get again to the enterprise of visa issuance all over the world no matter these entry bans.” https://bit.ly/30bBbKl

Charles Kuck was quoted by Atlanta Journal in “Freedom College Wasn’t Meant to Final This Lengthy.” He mentioned the Board of Regents of Freedom College is “not answerable to the state legislature” and might change insurance policies if it chooses, at the very least for Deferred Motion for Childhood Arrivals recipients. He blamed a scarcity of progress on “fixed finger-pointing between the legislature and the regents. ” ‘It’s their fault. It’s their fault. It’s their fault.’ That’s what’s terribly irritating about this. No one desires to take duty for depriving these children of an training.”https://www.atlantamagazine.com/great-reads/freedom-university-wasnt-meant-to-last-this-long/

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 Companion Elizabeth Matherne, the previous Director for the Southern Poverty Regulation Middle’s Irwin Detention Challenge.https://www.immigration.internet/south-georgia/

We’ve got modified the placement of our podcast–The Immigration Hour— to Stitcher. We’re coming into our thirteenth 12 months of steady broadcasts. Hear every week for our newest tackle immigration and immigration regulation!

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