Immigration News Update — November 2021

KBI Wins in H1-B Market Analysis Analyst Case!

President Biden Replaces Nation-by-Nation Pandemic-Associated Air Journey Restrictions With Vaccine Requirement

Efficient November 8, 2021, a brand new Presidential Proclamation that governs the entry into the US by air of “noncitizen nonimmigrants” revokes earlier country-by-country restrictions utilized through the COVID-19 pandemic and replaces them with a vaccination requirement.

The brand new coverage suspends the entry of unvaccinated noncitizen nonimmigrants, besides in restricted circumstances, and “ensures that the entry of unvaccinated noncitizen nonimmigrants is constant” with relevant well being and security determinations. These embrace, when applicable, requiring that such people organize to turn out to be absolutely vaccinated towards COVID-19 upon arrival. Exceptions to the brand new coverage embrace sure noncitizens with medical, humanitarian, or emergency points, amongst different causes.

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Settlement Settlement Outlines ‘New, Overarching’ Steerage for H-1B Petitions for Market Analysis Analysts

U.S. Citizenship and Immigration Companies (USCIS) reached a settlement settlement within the case of MadKudu Inc. v. USCIS that the company stated “outlines new, overarching steering” for adjudicating pending or future H-1B petitions for market analysis analysts.

USCIS had denied plaintiffs’ H-1B petitions for market analysis analyst positions based mostly on the company’s dedication that the Division of Labor’s Occupational Outlook Handbook entry for market analysis analysts didn’t set up that this occupation was a “specialty occupation.” The settlement settlement contains detailed directions on how USCIS is to guage submitted proof for and adjudicate such petitions, together with how instructional necessities and documentation could be met.

The settlement permits class members, as outlined within the USCIS information alert and the settlement settlement, to submit a Kind I-290B, Discover of Attraction or Movement, to request that sure denied Types I-129, Petition for a Nonimmigrant Employee, looking for H-1B classification for a market analysis analyst be reopened and adjudicated per the phrases of the settlement settlement. No price shall be charged for such requests. Class members have till April 26, 2022, to submit their Types I-290B.

USCIS stated it’ll decide on all eligible, well timed filed reopening requests inside 90 days of receipt of the bodily file on the adjudicating workplace. USCIS will “try to prioritize” reopening requests for petitions with labor situation purposes (LCAs) expiring fewer than 90 days after the Kind I-290B is correctly filed with USCIS.

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USCIS Releases E-Confirm Updates on Referred TNCs and Open Instances

In March 2020, E-Confirm prolonged the timeframe staff needed to contest tentative nonconfirmations (TNCs) of their Social Safety numbers. U.S. Citizenship and Immigration Companies (USCIS) stated this extension was due partly to the Social Safety Administration (SSA) closing its places of work to the general public. Many referred TNCs haven’t obtained remaining responses. USCIS stated E-Confirm will start updating some referred TNCs with remaining responses.

Highlights of USCIS’s updates launched on October 26, 2021, embrace:

• To finish the E-Confirm course of, employers should shut each case, together with these circumstances that had been lately up to date with remaining responses. Nevertheless, E-Confirm will mechanically shut circumstances that obtain a results of Employment Approved.
• Employers should shut circumstances that had been created in error, with incorrect data, or for workers who’re not employed. Incomplete circumstances should even be closed.
• Instances which are in a standing of “Referred,” “Verification In Course of,” or “Case in Continuance” are exceptions as these circumstances can’t be closed till remaining case outcomes are issued.

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USCIS Expands Steerage on Supporting Proof for Liberian Refugee Immigration Equity Functions; Deadline is Dec. 20

U.S. Citizenship and Immigration Companies (USCIS) has expanded its steering on Liberian Refugee Immigration Equity (LRIF) purposes, clarifying steps candidates should take if they can not submit major proof of Liberian nationality to help an LRIF-based software for adjustment of standing. The deadline to use to regulate standing beneath LRIF is December 20, 2021.

USCIS stated it “strongly encourages candidates to submit any and all proof out there to them when making use of for LRIF.” The company stated it’ll contemplate “any and all proof,” together with the applicant’s testimony throughout an interview, when figuring out eligibility for adjustment of standing. USCIS really helpful submission of a written and signed assertion explaining the applicant’s makes an attempt to accumulate major proof (e.g., an unexpired Liberian passport or Liberian certificates of naturalization), to incorporate accompanying data demonstrating these makes an attempt (e.g., proof of an software for a Liberian passport; proof of an software to resume an expired Liberian passport; proof of communication with Liberian authorities authorities answerable for issuing major proof; or receipts of transactions to acquire major proof). Candidates should additionally present secondary proof of Liberian nationality (e.g., an expired Liberian passport, Liberian baptismal document or different spiritual doc, Liberian college data, and Liberian medical data).

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DHS Terminates Migrant Safety Protocols

Alejandro Mayorkas, Secretary of Homeland Safety, introduced on October 29, 2021, the termination of the Migrant Safety Protocols (MPP), a controversial program began by the Trump administration in early 2019 beneath which undocumented migrants looking for admission to the US through Mexico should await their courtroom proceedings in Mexico.

Mr. Mayorkas stated he acknowledged that MPP “seemingly contributed to decreased migratory flows,” however did so “by imposing substantial and unjustifiable human prices on the people who had been uncovered to hurt whereas ready in Mexico.” Amongst different issues, he famous that “[s]ignificant proof signifies that people awaiting their courtroom hearings in Mexico beneath MPP had been topic to excessive violence and insecurity by the hands of transnational legal organizations that profited by exploiting migrants’ vulnerabilities.” He concluded that insurance policies being pursued by the Biden-Harris administration will extra successfully handle migratory flows “whereas holding true to our nation’s values.”

Mr. Mayorkas beforehand concluded that this system must be terminated and introduced that call in a June 1, 2021, memorandum, however a U.S. district courtroom in Texas v. Biden vacated that memo and remanded the matter to the Division of Homeland Safety for additional consideration. Following issuance of Mr. Mayorkas’ determination, “the termination of MPP shall be carried out as quickly as practicable after a remaining judicial determination to vacate the Texas injunction,” the memo states.

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DHS Points New Pointers on Avoiding Enforcement Actions in or Close to ‘Protected Areas’

Alejandro Mayorkas, Secretary of Homeland Safety, introduced new pointers for enforcement actions in or close to “protected areas.” The memo states, “To the fullest extent attainable, we must always not take an enforcement motion in or close to a location that might restrain folks’s entry to important providers or engagement in important actions.”

A non-exhaustive record of protected areas contains faculties; medical or psychological well being care services; locations of worship or biblical studies; locations the place youngsters collect; social providers services; locations the place catastrophe or emergency providers are supplied; funerals; weddings; and ongoing parades, demonstrations, or rallies.

The memo contains exceptions to be made, reminiscent of when there’s a nationwide safety risk or imminent threat of dying, violence, or bodily hurt.

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