Immigration News Update — Late September 2021

Former INS Deportation Legal professional Rejects Democrats Immigration Proposals

Senate Parliamentarian Rejects Inclusion of Immigration Language in $3.5 Trillion Invoice

In a blow to Democrats, President Biden, and immigration advocates, Senate parliamentarian Elizabeth MacDonough dominated on September 19, 2021, that immigration language can’t be included within the $3.5 trillion filibuster-proof finances reconciliation invoice. She stated, “The coverage adjustments of this proposal far outweigh the budgetary impression.”

The rejected language would have allowed eligible individuals to pay a charge to be exempted from numerical limits when adjusting standing to everlasting residence, amongst different provisions. The immigration provisions are anticipated to have a dim likelihood of passing individually within the Senate.

Particulars:

• Senate Parliamentarian Says $3.5 Trillion Invoice Can’t Embrace Citizenship Path for Immigrants,” Related Press, Sept. 19, 2021, https://on.mktw.internet/3hOsawG
• “Senate Parliamentarian Rejects Democrats’ Immigration Bid,” Roll Name, Sept. 19, 2021, https://www.rollcall.com/2021/09/19/senate-parliamentarian-rejects-democrats-immigration-bid/
• MacDonough determination, Politico, Sept. 19, 2021, https://www.politico.com/f/?id=0000017c-009c-d47e-ab7e-9cbc658a0000

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District Court docket Vacates H-1B Lottery Wage-Based mostly Remaining Rule

A U.S. district courtroom decide vacated a closing rule, “Strengthening Wage Protections for the Short-term and Everlasting Employment of Sure Aliens in america,” as a result of Chad Wolf was not lawfully appointed as Appearing Secretary of the Division of Homeland Safety when the ultimate rule was authorised. The rule would have prioritized H-1B visa choice based mostly on wages.

Particulars:

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State Dept. Proclaims Tiered Triage of Immigrant Visa Functions at U.S. Embassies and Consulates

The Division of State (DOS) introduced that U.S. embassies and consulates are utilizing a tiered method to triage immigrant visa functions based mostly on the class of immigrant visa as they resume and broaden processing. Consular sections, the place attainable, are scheduling some appointments inside all 4 precedence tiers each month. The next are the principle classes in precedence order:

• Tier One: Instant relative intercountry adoption visas, age-out instances (instances the place the applicant will quickly now not qualify resulting from age), sure Particular Immigrant Visas (SQ and SI for Afghan and Iraqi nationals working with the U.S. authorities), and emergency instances as decided on a case-by-case foundation
• Tier Two: Instant relative visas; fiancé(e) visas; and returning resident visas
• Tier Three: Household choice immigrant visas and SE Particular Immigrant Visas for sure workers of the U.S. authorities overseas
• Tier 4: All different immigrant visas, together with employment choice and variety visas [DOS noted that a U.S. District Court “has enjoined the Department of State from applying this prioritization guidance to DV-2021 selectees and their derivative beneficiaries”]

Particulars:

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State Dept. Expands Classes of Worldwide College students That Can Be Adjudicated With out In-Particular person Interviews

The Division of State (DOS) introduced on September 14, 2021, that it has approved consular officers by 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 might be adjudicated with out an in-person interview of their consular district of residence, with sure exceptions. DOS stated:

Consular officers could, in the event that they so select, and pursuant to native situations, now waive the visa interview requirement for F, M, and tutorial J visa candidates who have been beforehand issued any sort of visa, and who’ve by no means been refused a visa except such refusal was overcome or waived, and who haven’t any obvious ineligibility or potential ineligibility; or first-time F, M, and tutorial J visa candidates who’re residents or nationals of a rustic that participates within the Visa Waiver Program (VWP), supplied they haven’t any obvious ineligibility or potential ineligibility.

This is applicable solely to non-U.S. residents who’re nationals of eligible international locations, the company stated, noting that particulars about nation eligibility and needed procedures can be obtainable on the web site of the related embassy or consulate. Candidates from non-VWP international locations “whose prior visa was issued once they have been lower than 14 years of age could have to submit biometric fingerprints, however can nonetheless be authorised for an interview waiver.”

College students looking for to use for a brand new F-1 or M-1 visa ought to verify the standing of visa providers on the nearest embassy or consulate; those that are discovered to be in any other case certified for an F-1 or M-1 visa will routinely be thought-about for an NIE to journey, DOS stated. College students and teachers touring on J-1 visas should contact the closest embassy or consulate previous to journey to obtain an NIE. DOS encourages candidates to verify the web site of the related U.S. embassy or consulate to substantiate the providers at the moment provided and to search out pointers for making use of for a visa with out an interview.

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Visa Bulletin for October Consists of Outlook for Subsequent A number of Months

The Division of State’s Visa Bulletin for October 2021 contains info on potential motion in visa availability for the subsequent a number of months:

Employment First:

Worldwide: Present
China: Present
India: Present

Employment Second:

Worldwide: Present
China: As much as a number of months
India: As much as a number of months

Employment Third:

Worldwide: A closing motion date might be imposed as early as November
China: A retrogression of this date might happen as early as November
India: A retrogression of this date might happen as early as November
Mexico: A closing motion date might be imposed as early as November
Philippines: A closing motion date might be imposed as early as November

Employment Fourth: Present for many international locations

El Salvador, Guatemala, and Honduras: Restricted, if any, motion anticipated
Mexico: Restricted, if any, motion anticipated

Employment Fifth: Present for many international locations

China: No ahead motion

The bulletin additionally features a reminder that if there isn’t any legislative motion, two employment classes will expire on September 30, 2021: non-minister particular immigrant and I5 and R5 regional heart visa classes.

Particulars:

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Variety Visa 2021 Replace: State Dept Ordered to “Expeditiously Course of” DV-2021 Functions by Sept. 30

On September 9, 2021, the U.S. District Court docket for the District of Columbia preliminarily enjoined the Division of State (DOS) from making use of November 2020 prioritization coverage steering to range visa (DV) 2021 candidates and ordered DOS to undertake good-faith efforts to expeditiously course of DV functions (together with spinoff beneficiaries) by September 30, 2021.

The courtroom stated the order “doesn’t stop any embassy personnel, consular officer, or administrative processing heart from prioritizing the processing, adjudication, or issuance of visas based mostly on useful resource constraints, limitations because of the COVID-19 pandemic, or nation situations.”

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COVID-19 Vaccination Required for Immigration Medical Exams

U.S. Citizenship and Immigration Companies (USCIS) introduced that efficient October 1, 2021, candidates topic to the immigration medical examination should be totally vaccinated in opposition to COVID-19 earlier than the civil surgeon can full the examination and signal Type I-693, Report of Medical Examination and Vaccination Document.

USCIS could grant blanket waivers if the COVID-19 vaccine is:

• Not age-appropriate;
• Contraindicated resulting from a medical situation;
• Not routinely obtainable the place the civil surgeon practices; or
• Restricted in provide and would trigger vital delay for the applicant to obtain the vaccination.

People may apply for waivers based mostly on spiritual beliefs or ethical convictions.

Particulars:

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USCIS Expands Credit score Card Fee Pilot Program to Texas Service Heart

U.S. Citizenship and Immigration Companies (USCIS) introduced that the Texas Service Heart 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.

The Nebraska Service Heart additionally accepts bank card funds. On the finish of the pilot, the company will consider the outcomes and decide the subsequent steps for increasing this cost choice to different types or different service facilities.

Particulars:

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FY 2022 H-2B Cap Rely Up to date

U.S. Citizenship and Immigration Companies (USCIS) up to date its “approximate” cap rely for H-2B visas for fiscal yr (FY) 2022. The company acquired 26,123 petitions towards the 33,000 cap for the primary half of FY 2022, with 21,096 authorised and 5,027 pending.

USCIS stated it’s at the moment accepting petitions for employment begin dates of October 1, 2021, by March 31, 2022. Such petitions can be topic to the primary half of the FY 2022 H-2B cap.

Particulars:

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Haitians Stream to U.S.-Mexico Border; Administration Plans Flights Out

In keeping with information experiences, an estimated 8,000 Haitian migrants have converged in Del Rio, situated in Texas on the border with Mexico, together with a number of thousand migrants from different international locations. The closest main metropolis is San Antonio. Biden administration officers instructed the media that many can be placed on flights again to Haiti. Vehicular and pedestrian site visitors in each instructions is closed on the Del Rio-Ciudad Acuna border crossing.

Haitian short-term protected standing doesn’t apply to migrants who arrived after August 3, 2021.

Particulars:

• “Official: U.S. to Expel Haitians From Border, Fly to Haiti,” WTOP Information, Sept. 18, 2021, https://wtop.com/nationwide/2021/09/thousands-of-haitian-migrants-converge-on-texas-border-town/
• “U.S. Plans to Deport Huge Variety of Haitians From Del Rio, Texas, An Official Says,” NPR, Sept. 17, 2021, https://www.npr.org/2021/09/17/1038482663/u-s-plans-to-deport-massive-number-of-haitians-from-del-rio-texas-an-official-sa
• “Hundreds of Haitian Migrants Wait Beneath Bridge in South Texas After Mass Border Crossing,” Washington Submit, Sept. 16, 2021, https://www.washingtonpost.com/nationwide/haitian-migrants-mexico-texas-border/2021/09/16/4da1e366-16fe-11ec-ae9a-9c36751cf799_story.html
• Short-term Protected Standing Designated Nation: Haiti, USCIS, up to date Sept. 9, 2021, https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-haiti