Immigration News Update — July 2021

EB-5 Program To Expire June 30 After Efforts Fail in Senate; Reauthorization Nonetheless Doable Later

The EB-5 regional middle program, below which international buyers not directly finance tasks in the US in change for inexperienced playing cards, is ready to run out on June 30, 2021. An effort to increase this system failed within the Senate on June 24, 2021, as a result of Sen. Lindsey Graham (R-S.C.) objected to unanimous consent.

Because the Senate has recessed till July, it seems that the EB-5 regional middle program will expire. It stays to be seen whether or not Congress will reauthorize it later. Spend money on the USA (IIUSA), a commerce affiliation of EB-5 regional facilities, stated the result was “disappointing, however it isn’t the top of the street.” The group famous that “buyers have questions on their investments and their immigration standing. IIUSA is just not solely engaged on Capitol Hill to guard this system, we’re additionally working with U.S. Citizenship and Immigration Providers (USCIS) to get readability on course of and investor priorities throughout this time.”

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USCIS Permits Resubmission of Sure FY 2021 H-1B Petitions Rejected or Closed Resulting from Begin Date

U.S. Citizenship and Immigration Providers (USCIS) introduced on June 23, 2021, that it’ll settle for resubmitted fiscal 12 months (FY) 2021 H-1B cap-subject petitions that have been rejected or administratively closed solely as a result of the requested begin date was after October 1, 2020.

These whose FY 2021 petitions have been rejected or administratively closed solely as a result of the petition was primarily based on a registration submitted through the preliminary registration interval, however the petitioner requested a begin date after October 1, 2020, could resubmit that beforehand filed petition, with all relevant charges, on the handle offered within the USCIS alert. Such petitions should be resubmitted earlier than October 1, 2021, USCIS stated. If correctly resubmitted, the company will contemplate the petition to have been filed on the unique receipt date.

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Flexibilities Prolonged for Responding to Sure USCIS Requests

In response to the COVID-19 pandemic, U.S. Citizenship and Immigration Providers (USCIS) is extending to September 30, 2021, the flexibilities it introduced on March 30, 2020, to help candidates, petitioners, and requestors responding to sure requests, together with:

• Requests for Proof
• Continuations to Request Proof (N-14)
• Notices of Intent to Deny, Revoke, or Rescind
• Notices of Intent to Terminate (regional facilities)
• Motions to Reopen an N-400 Pursuant to eight CFR 335.5, Receipt of Derogatory Info After Grant.

As well as, USCIS will contemplate a Kind I-290B, Discover of Enchantment or Movement, or Kind N-336, Request for a Listening to on a Resolution in Naturalization Proceedings (Beneath Part 336 of the INA), if (1) the shape was filed as much as 60 calendar days from the issuance of a choice USCIS made; and the company made that call from March 1, 2020, via September 30, 2021. USCIS stated it’s going to contemplate a response to the above 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 contemplate a Kind N-336 or Kind I-290B acquired as much as 60 calendar days from the date of the choice earlier than taking any motion.

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Employers Inspired to Contemplate Supplemental H-2B Allocation in Filling Positions

Following up on a short lived remaining rule issued on Might 25, 2021, that made accessible an extra 22,000 H-2B non permanent nonagricultural visitor employee visas for fiscal 12 months 2021 to employers who’re prone to endure irreparable hurt with out the extra employees, U.S. Citizenship and Immigration Providers (USCIS) stated on June 24, 2021, that it “strongly encourages certified U.S. employers to think about” the supplemental allocation of 6,000 visas initially reserved for nationals of Northern Triangle international locations (Honduras, El Salvador, and Guatemala) in filling positions for which they can’t discover certified and accessible U.S. employees.

If by July 8, 2021, fewer than 6,000 beneficiaries are requested towards the visas initially put aside for Northern Triangle international locations, USCIS will announce by July 23 that the unused visas will likely be made accessible to employers “whatever the beneficiary’s nation of nationality, topic to the returning employee requirement.”

USCIS introduced the knowledge above in an e mail broadcast on June 24, 2021.

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Labor Dept. Proclaims H-2B Software Submitting Timeline for 2021 Peak Submitting Season

The Division of Labor’s Workplace of Overseas Labor Certification (OFLC) reminded employers and different stakeholders on June 23, 2021, that the three-day submitting window to submit an H-2B Software for Short-term Employment Certification (Kind ETA-9142B and appendices) requesting a piece begin date of October 1, 2021, will open on July 3, 2021, at 12 a.m. ET and shut on July 5, 2021, at 11:59 p.m. ET. This three-day interval is the earliest an employer could file an utility for an October 1, 2021, work begin date, which is the primary day of the semiannual visa allotment for the primary half of fiscal 12 months 2022. OFLC stated that employers in search of begin dates of October 2, 2021, or later should adjust to the timeliness necessities at 20 CFR § 655.15(b).

OFLC stated that H-2B purposes requesting an October 1, 2021, work begin date will likely be denied if they’re filed earlier than the beginning date.

OFLC will randomly order for processing all H-2B purposes requesting a piece begin date of October 1, 2021, which can be filed through the three-day submitting window utilizing randomization procedures revealed within the Federal Register on March 4, 2019.

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CBP Continues Short-term Journey Restrictions From Canada, Mexico Into United States Through Land POEs and Ferries

The Division of Homeland Safety (DHS) introduced that non permanent limits on nonessential journey of people from Canada or Mexico into the US at land ports of entry alongside the border, together with ferry service, will proceed via July 21, 2021. The restrictions solely permit processing for entry into the US of these vacationers engaged in “important journey,” as outlined within the discover.

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H-2B Employer Information Hub Launched

U.S. Citizenship and Immigration Providers (USCIS) launched an H-2B Employer Information Hub to supply data to the general public on employers or brokers petitioning for H-2B employees. The hub permits the general public to seek for H-2B petitioners by cap fiscal 12 months again to 2015; employer (petitioner) identify, metropolis, state, zip code, worksite state, cap kind, North American Trade Classification System code, and Normal Occupational Classification code.

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Afghans To Be Evacuated Who Labored To Assist United States, Biden Says

Following pressing pleas from lawmakers and affected Afghans, the US will evacuate some Afghans who helped the nation by working as interpreters and translators for the U.S. army and in different roles, officers stated on June 24, 2021. “Those that helped us should not going to be left behind,” President Joe Biden stated to reporters. The objective is to evacuate them earlier than the U.S. army drawdown from Afghanistan in September.

In accordance with reviews, a bunch of affected Afghans will likely be dropped at Guam or a 3rd nation to finish their utility course of earlier than receiving Particular Immigrant Visas (SIVs). The main points are unclear about what number of will likely be evacuated, which nation they’ll go to, and the way lengthy the method will take. An estimated 18,000 Afghans are within the SIV pipeline, in response to a Division of State spokesperson.

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