Immigration News Update — February 2021

USCIS To Abide by Earlier Submitting Charge Quantities Underneath Preliminary Injunction

U.S. Citizenship and Immigration Providers (USCIS) will proceed to abide by earlier submitting charge quantities due to preliminary injunctions in ILRC v. Wolf and Nw. Immigrant Rts. Challenge v. USCIS. USCIS mentioned it’s complying with the phrases of those orders and “shouldn’t be implementing the regulatory adjustments set out within the Last Rule. USCIS will proceed to simply accept the charges that had been in place previous to October 2, 2020, and observe the steering in place previous to October 2, 2020 to adjudicate charge waiver requests.”

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Choose Could Lengthen Maintain on Deportation Moratorium Till February 23

Choose Drew Tipton of the Southern District of Texas, who lately blocked for 14 days the Biden administration’s 100-day pause on deportations in response to a lawsuit led by Texas Legal professional Normal Ken Paxton, mentioned he’s more likely to prolong the block till February 23, 2021.

The Division of Justice could enchantment, nevertheless it was unclear as of press time whether or not it could.

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OFLC To Reissue Sure Prevailing Wage Determinations

On January 20, 2021, a U.S. district court docket issued a modified order governing the way and schedule during which the Division of Labor’s (DOL) Workplace of International Labor Certification (OFLC) will reissue sure prevailing wage determinations (PWDs) that had been issued from October 8, 2020, by way of December 4, 2020, underneath the wage methodology for a associated DOL interim rule issued in October, and on the request of employers underneath the H-1B, H-1B1, and E-3 short-term applications and PERM labor certification program.

OFLC mentioned DOL is taking vital steps to adjust to the modified order issued by the district court docket. Accordingly, OFLC will reissue sure PWDs issued underneath the interim last rule in two phases: excessive precedence (inside 15 days of receiving the requested checklist of named plaintiffs from plaintiffs’ counsel) and emergency conditions (by March 2, 2021).

Employers which have already submitted a request in response to a December 3, 2020, announcement posted by OFLC have been issued a PWD and don’t have to resubmit a second request for reissuance or take different further motion, OFLC mentioned.

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February Visa Bulletin Pronounces Inexperienced Card Projections for the Coming Months

The Division of State’s Visa Bulletin for February 2021 included the next info on last motion date projections (potential month-to-month motion) for employment-based inexperienced card classes by way of Could. The bulletin notes that dedication of the particular month-to-month last motion dates is topic to fluctuations in applicant demand and different variables affecting processing:

Employment First:
Worldwide: Present
China: As much as six months
India: As much as six months

Employment Second:
Worldwide: Present
China: As much as three weeks
India: As much as two weeks

Employment Third:
Worldwide: Present
China: As much as one month
India: As much as three weeks
Mexico: Present
Philippines: Present

Employment Fourth:
Present for many nations
El Salvador, Guatemala, and Honduras: As much as three months
Mexico: As much as one month

Employment Fifth:
Will stay Present for many nations
China: No ahead motion
Vietnam: As much as three weeks

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Choose Guidelines STEM OPT Program Lawful

On January 28, 2021, a U.S. district court docket decide issued a abstract judgment order discovering that the STEM OPT (Non-obligatory Sensible Coaching for science, know-how, engineering, and arithmetic college students) program is a sound train of authority underneath the Immigration and Nationality Act. Which means that each the 12-month OPT and STEM OPT extension applications are lawful.

The plaintiff, Washington Alliance of Know-how Staff, has appealed.

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USCIS Extends Flexibility for Responding to Company Requests

U.S. Citizenship and Immigration Providers (USCIS) introduced on January 28, 2021, that it’s extending the flexibilities it initially introduced on March 30, 2020, to help candidates, petitioners, and requestors responding to sure company requests.

Included are Requests for Proof and Continuations to Request Proof (N-14); Notices of Intent to Deny, Revoke, or Rescind; Notices of Intent to Terminate regional facilities; and Motions to Reopen an N-400 Pursuant to eight CFR 335.5, Receipt of Derogatory Info After Grant. As well as, USCIS will take into account a Kind I-290B, Discover of Attraction or Movement, or Kind N-336, Request for a Listening to on a Choice in Naturalization Proceedings (Underneath Part 336 of the INA), if the shape was filed as much as 60 calendar days from the issuance of a USCIS resolution, and the company made that call between March 1, 2020 and March 31, 2021, inclusive.

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President Biden Names Jean King as New Performing Director of EOIR

In line with reviews, efficient January 31, 2021, Jean King is the brand new Performing Director of the Govt Workplace for Immigration Evaluate (EOIR). She is a former basic counsel for EOIR and most lately served as EOIR’s chief administrative regulation decide.

Ms. King replaces James McHenry, who led initiatives to shut instances a lot quicker and to restrict asylum, amongst others. Greg Chen, director of presidency affairs for the American Immigration Legal professionals Affiliation, mentioned the group had “deep issues” about Mr. McHenry, and different Trump administration appointees main EOIR, “who’ve stripped judges of elementary authorities that make it unattainable for them to render honest and constant choices.” He mentioned Mr. McHenry was the architect of adjustments that tarnished the credibility and impartiality of the immigration courts and “transformed the courts into conveyor belts for speedy deportation.”

The information of Ms. King’s appointment, signaling a coverage shift, got here in a memorandum from Performing Deputy Legal professional Normal John Carlin to workers and judges. The memo reportedly acknowledged that Ms. King would offer continuity in EOIR management till a brand new director is chosen.

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President Biden Points Govt Order Revoking Trump “Purchase American and Rent American” Govt Order

On January 25, 2021, President Biden issued an govt order, “Making certain the Future Is Made in All of America by All of America’s Staff.” The order states that the federal authorities ought to “maximize using items, merchandise, and supplies produced in, and companies provided in, the US.” It additionally revokes a number of Trump administration orders, together with “Purchase American and Rent American” (Govt Order 13788, April 18, 2017). U.S. Citizenship and Immigration Providers used that govt order as a justification to problem a number of restrictive immigration coverage adjustments.

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TPS for Syria Prolonged, Redesignated

The Division of Homeland Safety (DHS) introduced an 18-month extension and redesignation of short-term protected standing (TPS) for Syrians. This allows greater than 6,700 eligible Syrian nationals (and people with out nationality who final resided in Syria) to retain their TPS by way of September 2022, and permits roughly 1,800 further people to file preliminary TPS purposes.

Present beneficiaries in addition to Syrian nationals who entered the US after August 1, 2016, and are in any other case eligible could register. DHS plans to publish a discover within the Federal Register with directions for re-registration and employment authorization. The DHS Secretary will make the subsequent resolution to increase or terminate the designation for Syria on or earlier than July 31, 2022.

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Biden Administration Withdraws Proposed H-4 EAD Rescission Rule From OMB Evaluate

The Biden administration withdrew a proposed rule to rescind the H-4 employment authorization doc (EAD) program from evaluate by the Workplace of Administration and Funds. Which means that about 100,000 H-4 EAD holders (spouses of H-1B staff who’re largely ladies from India) and their employers now not want to fret about shedding their work authorization.

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ICE Extends I-9 Compliance Flexibility

U.S. Immigration and Customs Enforcement (ICE) introduced an extension of flexibilities in guidelines associated to Kind I-9 (Employment Eligibility Verification) compliance attributable to continued precautions associated to the COVID-19 pandemic. The coverage is prolonged till March 31, 2021.

A couple of yr in the past, the Division of Homeland Safety deferred bodily presence necessities related to the I-9 course of. The coverage applies solely to employers and workplaces working remotely.

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ICE Cancels Plans for OPT Employment Compliance Unit

In line with reviews, U.S. Immigration and Customs Enforcement’s (ICE) Scholar and Change Customer Program (SEVP) canceled plans for a brand new Non-obligatory Sensible Coaching (OPT) Employment Compliance Unit. The company decided that SEVP already addressed lots of the identical obligations.

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President Biden Indicators Proclamation Persevering with Suspension of Entry for Sure Vacationers, Including South Africa; DOS Offers Associated Data

On January 25, 2021, President Biden signed a proclamation persevering with the suspension of entry of sure vacationers from the Schengen Space, the UK, the Republic of Eire, Brazil, China, and Iran, and increasing restrictions to incorporate vacationers from South Africa.

U.S. residents and lawful everlasting residents are usually not topic to the proclamations. Exceptions additionally embody international diplomats touring to the US on A or G visas; air and sea crew touring to the US on C, D, or C1/D visas; and others. For the complete checklist of exceptions, check with the proclamations.

The Division of State additionally launched an inventory with descriptions of earlier COVID-19-related Presidential Proclamations that stay in pressure.

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