April 2021 Visa Bulletin Update – USCIS
To be eligible to file an adjustment application in April, foreign nationals must have a priority date that is earlier than the date listed below for their preference category and country. USCIS has again chosen the Final Action Dates chart for…
FY 2022 H-1B Cap Registration Period Closes March 25
The FY 2022 H-1B cap registration period will close on Thursday, March 25, at 12:00pm EDT. Employers and their immigration counsel will have until this time to draft, review, e-sign and submit their registrations to the agency. What happens after…
U.S.-Canada and U.S.-Mexico Land Border Restrictions Extended Through April 21
U.S. Customs and Border Protection (CBP) will continue to implement the ban on “non-essential” travel across U.S. land borders and ferry travel with Canada and Mexico through April 21, 2021, according to a set of notifications to be published in the Federal Register. The restrictions were…
DOL Proposes Extended Delay of Regulation Increasing PERM and H-1B Wage Minimums
The Department of Labor (DOL) is proposing an extended delay in the effective date of a regulation that would raise prevailing wage rates for the H-1B, H-1B1, E-3 and the PERM programs. Under the proposal, the regulation – which is currently set to take…
DHS Extends and Redesignates Syria for Temporary Protected Status
The Department of Homeland Security (DHS) has extended and redesignated Syria for Temporary Protected Status (TPS) for 18 months, from March 31, 2021 through September 30, 2022, according to a notice scheduled for publication in tomorrow’s Federal Register. Current Syrian TPS beneficiaries will have 60…
April 2021 Visa Bulletin
According to the State Department’s April Visa Bulletin, final action cutoff dates for issuance of an immigrant visa will be as follows: EB-1: China and India join all other countries and become current in April.EB-2: China will advance by just under seven…
DHS Public Charge Rule Invalidated as Biden Administration Drops Lawsuit Appeals
The Department of Homeland Security’s (DHS) 2019 public charge rule – which required petitioners and applicants for certain immigration benefits to disclose information concerning their receipt of public benefits and, for some, detailed financial information – is no longer in…
DHS Designates Venezuela for TPS Status and Provides Instruction for Venezuelan DED-Related EADs
Secretary of Homeland Security Alejandro N. Mayorkas has designated Venezuela for Temporary Protected Status (TPS) for 18 months, from March 9, 2021 through September 9, 2022, according to a Federal Register notice. The designation will permit eligible Venezuelans to file for TPS status…
FY 2022 H-1B Cap Registration Begins March 9
USCIS will begin to accept H-1B cap registrations for employment in FY 2022 on Tuesday, March 9, at 12:00pm ET. Employers and their immigration counsel will have until Thursday, March 25, at 12:00pm ET to draft, review, e-sign and submit…
State Department Limits Exceptions to European COVID Travel Bans, Adding Further Challenges for Nonimmigrant Workers and Business Travelers
On March 2, the State Department rescinded its previous policy on categories eligible for national interest exceptions (NIE) from the regional COVID-19 travel bans in effect for the European Schengen Area, the United Kingdom, and Ireland (Presidential Proclamation 10143), replacing it with…
USCIS Offers Some Accommodations to F-1 Optional Practical Training Applicants
U.S. Citizenship and Immigration Services (USCIS) is extending certain flexibilities to F-1 students seeking Optional Practical Training (OPT) who file Form I-765 work authorization applications between October 1, 2020 and May 1, 2021, inclusive. The accommodations come in response to significant delays…
President Biden Revokes Immigrant Visa Ban, But Consular Hurdles Remain
President Biden has revoked a Trump-era presidential proclamation that suspended the entry of certain immigrants until March 31. The revocation takes effect immediately and consulates are permitted to resume processing affected immigrant visa applications. However, due to reduced consular operations worldwide and…
USCIS Expands Premium Processing to E-3 Nonimmigrant Petitions
U.S. Citizenship and Immigration Services (USCIS) today announced that premium processing service is now available for Australian E-3 nonimmigrant extensions and changes of status. Beginning today, sponsoring employers are able to request premium processing concurrently with their E-3 extension and status change…
H-1B Cap Update: Employers May Create New Cap Registration Accounts Beginning March 2
Employers can set up new accounts in USCIS’s online H-1B cap registration system beginning at noon ET March 2.If your organization wishes to sponsor foreign workers for H-1B cap employment in FY 2022, it must have a registration account. Existing…
March 2021 Visa Bulletin
According to the State Department’s March Visa Bulletin, final action cutoff dates for issuance of an immigrant visa will be as follows: EB-1: All countries except for China and India will remain current in March. China and India will advance by seven…
U.S.-Canada and U.S.-Mexico Land Border Restrictions Extended Through March 21
U.S. Customs and Border Protection (CBP) will continue to implement the Trump Administration’s ban on “non-essential” travel across U.S. land borders and ferry travel with Canada and Mexico through March 21, 2021, according to a set of notifications to be published in the Federal Register. The…
Immigration Reform Proposal Introduced in Congress by President Biden
Today, President Biden’s comprehensive immigration reform proposal, the U.S. Citizenship Act of 2021, was formally introduced in Congress. The bill features a path to permanent residence and citizenship for qualifying undocumented foreign nationals and those holding Deferred Action for Childhood Arrivals…
H-1B Lottery Registration Schedule Announced
USCIS has published an announcement on its website that the H-1B registration process will commence at on March 9, 2021, at 12:00 pm (ET). The registration process timeline is as follows: March 9: H-1B registration process opens at Noon, Eastern Time;March 25: H-1B registration process…
CBP to Require Face Masks at All Air, Land and Sea Points of Entry
Today, U.S. Customs and Border Protection (CBP) announced that it is enforcing the requirement that travelers wear face masks at all air, land and sea ports of entry in the United States. This announcement is in compliance with President Biden’s Executive…
DHS Delays Rule That Replaces Random H-1B Cap Lottery with Weighted Selection Process
The Department of Homeland Security (DHS) will delay the effective date of its H-1B cap allocation rule to December 31, 2021, according to a forthcoming announcement in the Federal Register. The final rule, which was to take effect on March 9, 2021,…
Confirmation of Alejandro Mayorkas as DHS Secretary and Issuance of Three Executive Orders
On February 2, 2021, the Senate confirmed Alejandro Mayorkas as Secretary of the Department of Homeland Security. The White House also issued three executive orders: White House Issues Executive Order on the Establishment of Interagency Task Force on the Reunification…
Interim Enforcement Priorities
This is a brief summary of President Biden’s Executive Order on the Revision of Civil Immigration Enforcement Policies and Priorities and Acting DHS Secretary David Pekoske’s January 20, 2021, memorandum entitled Review of and Interim Revision to Civil Immigration Enforcement and Removal Policies…
Temporary Restraining Order Halts 100-Day Moratorium on Deportations
On January 22, 2021, Texas sued the U.S. government to stop the 100-day pause in deportations. On January 26, 2021, a judge in Texas issued a temporary restraining order (TRO) against the deportation moratorium. A TRO is a temporary block…
ICE Extends Interim COVID-19 Protections for Form I-9 Compliance Through March 31
U.S. Immigration and Customs Enforcement (ICE) announced today that it is extending until March 31, 2021 its relaxed enforcement of the normal requirement to physically inspect the original documents presented by new hires during the I-9 process and thus allow eligible employers…
President Biden Reinstates COVID-19 Bans for Europe and Brazil, and Adds South Africa
Summary President Biden has issued a proclamation reinstating and renewing without interruption the regional COVID-19 travel bans in place for Brazil, European Schengen Countries, Ireland and the United Kingdom. These restrictions were set to expire on January 26 per an…