Categories: USA Immigration

Immigration News Update — Late-September 2021

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Biden Admin Broadcasts New Coverage: Vaccines, Testing Required for Worldwide Vacationers to United States

In line with stories, the Biden administration introduced on September 20, 2021, a significant easing of pandemic journey restrictions that can enable absolutely vaccinated vacationers to enter america starting in November 2021. Beneath the brand new coverage, all international vacationers flying to america should current proof of vaccination earlier than boarding a U.S.-bound airline, in addition to proof of a damaging COVID-19 check taken inside 72 hours earlier than flying.

There might be no quarantine requirement. The Biden administration will implement enhanced contact tracing and proceed to require masks on flights. Moreover, unvaccinated People returning to america might want to present a damaging check inside in the future of leaving and once more after arriving.

The administration mentioned that it’s going to activity the Facilities for Illness Management and Prevention (CDC) with figuring out which vaccines qualify underneath the brand new coverage. The Related Press reported that CDC has introduced that america will settle for any of the vaccines authorized for emergency use by the World Well being Group.

Biden administration officers shared with the American Immigration Legal professionals Affiliation that restricted exceptions might be out there, similar to for youngsters; COVID-19 vaccine scientific trial members; and humanitarian exceptions for folks touring for an vital purpose and who lack entry to vaccination in a well timed method. People who’re exempted from the vaccine requirement could also be required to be vaccinated upon arrival.

The administration may also be making extra suggestions to cease the unfold of COVID-19, together with (1) persevering with the masks mandate by way of January 18, 2022; (2) increasing pre-departure and post-arrival testing necessities; and (3) implementing a contact tracing order for airways.

Administration officers additionally indicated that they’re lifting restrictions underneath INA § 212(f) for the international locations to which it applies now, concurrent with the early November begin of the brand new coverage.

Individually, President Biden signed an government order including measles to the checklist of quarantinable communicable ailments.

Particulars:

  • “Beginning in November: Journey Bans Are Out; Covid Vaccine and Testing Necessities Are In,” Klasko Immigration Legislation Companions, LLP, https://bit.ly/3AVRYPb
  • “U.S. to Ease Covid Journey Entry Guidelines, Require Vaccinations for International Guests,” NBC Information, Sept. 20, 2021, https://www.nbcnews.com/politics/white-house/u-s-require-covid-vaccinations-international-travelers-n1279635
  • “U.S. Easing Virus Restrictions for International Flights to America,” WTOP, Sept. 20, 2021, https://wtop.com/white-house/2021/09/biden-easing-foreign-travel-restrictions-requiring-vaccines/
  • Government Order, “Including Measles to the Record of Quarantinable Communicable Ailments,” Sept. 17, 2021, https://www.govinfo.gov/content material/pkg/FR-2021-09-22/pdf/2021-20629.pdf

Again to Prime

USCIS Extends Flexibility for Responding to Company Requests

In response to the continued COVID-19 pandemic, U.S. Citizenship and Immigration Companies (USCIS) is extending sure flexibilities it initially introduced in March 2020 to help candidates, petitioners, and requestors. This flexibility applies to the paperwork listed beneath if the issuance date listed on the request, discover, or choice is between March 1, 2020, and January 15, 2022, inclusive:

  • 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 Data After Grant

As well as, USCIS will think about a Kind I-290B, Discover of Enchantment or Movement, or Kind N-336, Request for a Listening to on a Determination in Naturalization Proceedings (Beneath Part 336 of the INA), if:

  • The shape was filed as much as 60 calendar days from the issuance of a call USCIS made; and
  • USCIS made that call from March 1, 2020, by way of January 15, 2022.

USCIS mentioned it’s going to think about a response to the above requests and notices obtained inside 60 calendar days after the response due date set within the request or discover earlier than taking any motion. Moreover, the company will think about a Kind N-336 or Kind I-290B obtained as much as 60 calendar days from the date of the choice earlier than it takes any motion.

Particulars:

Again to Prime

EB-5 Regional Middle Program Lapse Strands Traders

The lapse within the EB-5 regional heart program has had a significant influence on sure buyers. In line with a report from IIUSA: Put money into the USA, the lapse is hurting greater than 32,000 stranded EB-5 buyers, placing at the least $15 billion in capital funding and greater than 486,900 U.S. jobs in jeopardy.

The report notes that underneath the present lapse in authorization, U.S. Citizenship and Immigration Companies (USCIS) has halted adjudication of all I-526 petitions filed by EB-5 buyers affiliated with regional facilities. In line with USCIS, practically 12,800 EB-5 buyers had a pending I-526 petition as of June 30, 2021, when this system expired. The report says that traditionally, in keeping with the Division of State, 93.4% of the EB-5 visa numbers have been utilized by candidates who invested by way of a regional heart. Which means practically 12,000 EB-5 buyers with an I-526 petition on file is not going to obtain an adjudication on their EB-5 circumstances in the course of the lapse of this system and can expertise delays of their authorized immigration course of. Additionally, visa candidates with a at the moment authorized I-526 petition aren’t in a position to obtain a EB-5 visa quantity as of this system’s expiration on June 30.

A draft invoice, the International Investor Equity Safety Act (FIFPA), which has not been launched but, would assist stranded buyers if Congress fails to reauthorize the EB-5 regional heart program. The invoice would defend “job-creating international buyers from lack of immigration advantages underneath the EB-5 Program because of expiration of short-term laws or from future amendments to statute.”

A brand new group, the American Immigrant Investor Alliance (AIIA), has fashioned to assist stranded EB-5 buyers.

The Alliance of Enterprise Immigration Legal professionals encourages stranded buyers to write down their members of Congress, their ambassadors, and AIIA to induce reauthorization of the EB-5 program and passage of the FIFPA.

Particulars:

  • IIUSA Information Evaluation: Affect of the Lapse of the EB-5 Regional Middle Program on Traders, Investments and Job Creation,” IIUSA: Put money into the USA, Aug. 20, 2021 (up to date Aug. 27, 2021), https://iiusa.org/weblog/iiusa-data-analysis-impact-of-the-lapse-of-the-eb-5-regional-center-program-on-investors-investments-and-job-creation/
  • International Investor Equity Safety Act, draft abstract, https://drive.google.com/file/d/1-wELBUwVtOsewe1hDhdCndFAPMTmyhgT/view
  • American Immigrant Investor Alliance web site, https://goaiia.org/
  • AIIA assertion on International Investor Equity Safety Act, https://goaiia.org/weblog/f/aiia-will-push-for-the-foreign-investor-fairness-protection-act
  • Contact your member of Congress, https://www.usa.gov/elected-officials
  • Contact your ambassador, https://journey.state.gov/content material/journey/en/consularnotification/ConsularNotificationandAccess.html

Again to Prime

Non-U.S. Residents Can Now Apply for SSNs on I-765 or I-485, SSA Says

The Social Safety Administration (SSA) introduced that non-U.S. residents can apply for a Social Safety quantity (SSN) or alternative SSN card on the identical types used to use for permission to work in america (Kind I-765) or for lawful everlasting resident standing (Kind I-485). They now not want to use immediately through the SSA.

The SSA mentioned that such candidates ought to obtain their SSN playing cards inside seven enterprise days after receiving their employment authorization paperwork from U.S. Citizenship and Immigration Companies.

Particulars:

Again to Prime

CIS Ombudsman Shares Recommendations on Submitting DACA Renewal Requests

The Division of Homeland Safety despatched an electronic mail alert on September 22, 2021, saying the CIS Ombudsman’s suggestions for submitting a request to U.S. Citizenship and Immigration Companies (USCIS) to resume Deferred Motion for Childhood Arrivals (DACA). The guidelines embrace:

  • File as early as potential. USCIS recommends that candidates submit a DACA renewal request 150 to 120 days earlier than the expiration date on the present Kind I-797, Discover of Motion, and Employment Authorization Doc (EAD)
  • Be certain that your request is full. This consists of submitting the newest variations of Kinds I-821D, I-765, and the I-765 Worksheet.
  • Examine USCIS processing occasions.
  • No expedites.

Particulars:

Again to Prime

CBP Broadcasts Extension of Short-term Restrictions on Vacationers Crossing U.S. Land Borders

U.S. Customs and Border Safety (CBP) introduced on September 22, 2021, that non-essential journey will proceed to be restricted throughout the U.S.-Canada and Mexico land borders by way of October 21, 2021. Cross-border actions with Canada and Mexico “that assist well being safety, commerce, commerce, provide safety, and different important actions” will proceed. The order doesn’t apply to these “who needs to be excepted primarily based on concerns of legislation enforcement, officer and public security, humanitarian, or public well being pursuits.”

The CBP announcement states that the company “will now not detain migrants in our holding amenities and can instantly return migrants to the nation they entered from – Canada or Mexico. The place such a return just isn’t potential, CBP will return migrants to their nation of origin.”

Particulars:

Again to Prime

DHS Broadcasts New Technique in Response to Migrant Surge at U.S.-Mexico Border

The Division of Homeland Safety (DHS) introduced a brand new technique to take care of a surge in migrants on the Del Rio, Texas, border with Mexico. Actions embrace, amongst different issues, shifting migrants to different processing places; accelerating the tempo of elimination flights to Haiti and different locations; decreasing crowding and enhancing circumstances for migrants on U.S. soil; and directing acceptable U.S. businesses to work with the Haitian and different regional governments to supply help and assist to detainees.

The DHS announcement mentioned, “The vast majority of migrants proceed to be expelled underneath [the Centers for Disease Control and Prevention’s] Title 42 authority. Those that can’t be expelled underneath Title 42 and don’t have a authorized foundation to stay might be positioned in expedited elimination proceedings. DHS is conducting common expulsion and elimination flights to Haiti, Mexico, Ecuador, and Northern Triangle international locations [El Salvador, Guatemala, Honduras].”

Particulars:

Again to Prime

GAO Faults USCIS for Inadequate Efforts to Handle Backlogs

The U.S. Authorities Accountability Workplace (GAO) issued a brand new report analyzing U.S. Citizenship and Immigration Companies’ (USCIS) efforts to scale back its pending caseload, which has elevated by 85% in recent times. The GAO famous that coverage adjustments, longer types, staffing points, and delays from COVID-19 have all contributed to longer processing occasions. The GAO discovered that though USCIS has a number of plans to handle the backlog, it has not applied them and has not recognized crucial assets to handle its pending caseload.

The GAO concluded, amongst different issues, that growing a strategic workforce plan “would higher place USCIS to handle long-term workforce challenges and cut back its rising pending caseload.” USCIS has not applied or up to date its plans to scale back its caseload to mirror the funding and different assets wanted to handle the pending caseload, the GAO mentioned: “Figuring out the assets crucial to handle its pending caseload and offering the estimates to the Workplace of Administration and Finances and Congress would higher inform them about USCIS’s useful resource wants.”

Particulars:

 

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