USCIS Extends Flexibility for Responding to Agency Requests

 In response to the COVID-19 pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners, and requestors who are responding to certain:

• Requests for Evidence;
• Continuations to Request Evidence (N-14);
• Notices of Intent to Deny;
• Notices of Intent to Revoke;
• Notices of Intent to Rescind;
• Notices of Intent to Terminate regional centers; and
• Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant. Read more at: https://www.uscis.gov/newsroom/alerts/uscis-extends-flexibility-for-responding-to-agency-requests-0

Contact Darren Heyman, immigration attorney, for more information.

ICE HSI investigation leads to 3 Vietnamese residents permanently enjoined from operating pandemic-related fraud scheme

 TAMPA, Fla. – A federal court in Florida permanently enjoined on Friday three residents of Vietnam from operating a pandemic-related scam that targeted American consumers, the Department of Justice (DOJ) announced.

The case was investigated by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), in coordination with the Vietnam Ministry of Public Security, Department of Foreign Relations and Hanoi Police. After receiving information from American law enforcement, Vietnamese authorities investigated and arrested the defendants on local charges. Read more at: https://www.ice.gov/news/releases/ice-hsi-investigation-leads-3-vietnamese-residents-permanently-enjoined-operating

Contact Darren Heyman,
immigration attorney, for more information.

Immigration Help Available to Those Affected by Natural Disasters and Other Unforeseen Circumstances

 USCIS is reminding the public that we offer immigration services that may help people affected by unforeseen circumstances such as natural disasters. Examples of unforeseen circumstances include, but are not limited to, the severe weather in Kentucky and surrounding states.

The following measures may be available on a case-by-case basis upon request:

• Changing a nonimmigrant status or extending a nonimmigrant stay for an individual currently in the United States. Failure to apply for the extension or change before expiration of your authorized period of admission may be excused if the delay was due to extraordinary circumstances beyond your control;
• Re-parole of individuals previously granted parole by USCIS;
• Expedited processing of advance parole requests;
• Expedited adjudication of requests for off-campus employment authorization for F-1
  students experiencing severe economic hardship;

Read more at: https://www.uscis.gov/newsroom/alerts/immigration-help-available-to-those-affected-by-natural-disasters-and-other-unforeseen-circumstances

Contact Darren Heyman, immigration attorney, for more information.

For First Time, DHS to Supplement H-2B Cap with Additional Visas in First Half of Fiscal Year

 WASHINGTON—The Department of Homeland Security (DHS) and the Department of Labor (DOL) today announced the forthcoming publication of a joint temporary final rule to make available an additional 20,000 H-2B temporary nonagricultural worker visas for fiscal year (FY) 2022. These visas will be set aside for U.S. employers seeking to employ additional workers on or before March 31, 2022.

This supplemental cap marks the first time that DHS is making additional H-2B visas available in the first half of the fiscal year. Earlier this year, USCIS received enough petitions for returning workers to reach the additional 22,000 H-2B visas made available under the FY 2021 H-2B supplemental visa temporary final rule. Read more at: https://www.uscis.gov/newsroom/news-releases/for-first-time-dhs-to-supplement-h-2b-cap-with-additional-visas-in-first-half-of-fiscal-year

Contact Darren Heyman, immigration attorney, for more information.

DHS Withdraws H-1B Selection Final Rule

 The Department of Homeland Security has published a final rule that withdraws the Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions final rule, also known as the H-1B Selection Final Rule, issued Jan. 8, 2021. That rule was vacated by the U.S. District Court for the Northern District of California.

Read more at: https://www.uscis.gov/newsroom/alerts/dhs-withdraws-h-1b-selection-final-rule

Contact Darren Heyman, immigration attorney, for more information.

USCIS Conducts Third Random Selection from Previously Submitted FY 2022 H-1B Cap Registrations

 We recently determined that we needed to select additional registrations to reach the fiscal year (FY) 2022 H-1B numerical allocations, including the advanced degree exemption. On Nov. 19, we selected from among previously submitted electronic registrations using a random selection process. The petition filing period based on registrations selected on Nov. 19 will begin on Nov. 22, 2021, and close on Feb. 23, 2022. Individuals with selected registrations will have their myUSCIS accounts updated to include a selection notice, which includes details about when and where to file. Read more at: https://www.uscis.gov/newsroom/alerts/uscis-conducts-third-random-selection-from-previously-submitted-fy-2022-h-1b-cap-registrations

Contact Darren Heyman, immigration attorney, for more information.

USCIS Issues Updated and Comprehensive Guidance on T Visa Adjudications

 U.S. Citizenship and Immigration Services is issuing updated and comprehensive guidance in the USCIS Policy Manual on adjudicating applications for T nonimmigrant status (or T visas) submitted by victims of human trafficking, including clarifying how applicants establish eligibility.

Our policy guidance (PDF, 339.32 KB) clarifies the physical presence eligibility requirement, the age-based exemption from the requirement to comply with law enforcement requests, and how the agency evaluates involuntary servitude claims. Read more at: https://www.uscis.gov/newsroom/alerts/uscis-issues-updated-and-comprehensive-guidance-on-t-visa-adjudications

Contact Darren Heyman, immigration attorney, for more information.

USCIS Reaches H-2B Cap for First Half of FY 2022

 U.S. Citizenship and Immigration Services has received enough petitions to reach the congressionally mandated cap on H-2B visas for temporary nonagricultural workers for the first half of fiscal year 2022. Sept. 30 was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before April 1, 2022. USCIS will reject new cap-subject H-2B petitions received after Sept. 30 that request an employment start date before April 1, 2022. Read more at: https://www.uscis.gov/newsroom/alerts/uscis-reaches-h-2b-cap-for-first-half-of-fy-2022

Contact Darren Heyman, immigration attorney, for more information.

ICE adds additional languages to online appointment scheduler

 WASHINGTON – Noncitizens can now schedule their initial check-in with ICE in English, Spanish, Portuguese, Haitian Creole and French, using the recently announced ICE Appointment Scheduler. The ICE Appointment Scheduler is a web-based, multilingual, and smartphone compatible appointment scheduler for noncitizens. The tool allows noncitizens to schedule their required check-in appointments at ICE Enforcement and Removal Operations (ERO) offices as they await immigration proceedings. Previously, appointments were made via phone or in person. Read more at: https://www.ice.gov/news/releases/ice-adds-additional-languages-online-appointment-scheduler

Contact Darren Heyman, immigration attorney, for more information.

Most CW-1 Employers Must File Required Semiannual Report (Form I-129CWR)

 USCIS reminds employers of Commonwealth of the Northern Mariana Islands (CNMI) Transitional Workers (CW-1) that, if you have a currently-approved CW-1 petition with a validity period of six months or more, you must file Form I-129CWR, Semiannual Report for CW-1 Employers, with USCIS every six months after the petition validity start date. Employers use this report to certify the continued employment and payment of each worker under the terms and conditions of the approved petition. You are not required to file Form I-129CWR if your petition has been withdrawn for all beneficiaries. Read more at: https://www.uscis.gov/newsroom/alerts/most-cw-1-employers-must-file-required-semiannual-report-form-i-129cwr

Contact Darren Heyman, immigration attorney, for more information.

USCIS Extends Flexibility for Responding to Agency Requests

 In response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners and requestors who are responding to certain:

• Requests for Evidence;
• Continuations to Request Evidence (N-14);
• Notices of Intent to Deny;
• Notices of Intent to Revoke;
• Notices of Intent to Rescind;
• Notices of Intent to Terminate regional centers; and
• Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

Read more at: https://www.uscis.gov/newsroom/alerts/uscis-extends-flexibility-for-responding-to-agency-requests

Contact Darren Heyman, immigration attorney, for more information.

USCIS Awards FY 2021 Citizenship and Integration Grants

On Sept. 20, 2021, U.S. Citizenship and Immigration Services announced the award of $10 million in grants to 40 organizations that prepare lawful permanent residents (LPRs) for naturalization. The grants also aim to promote prospective citizens’ integration into American civic life by funding educational programs designed to increase their knowledge of English, U.S. history and civics. Located in 25 states, these organizations will receive federal funding to support citizenship preparation services for LPRs through September 2023. Read more at: https://www.uscis.gov/newsroom/news-releases/uscis-awards-fy-2021-citizenship-and-integration-grants

Contact Darren Heyman,
immigration attorney, for more information.

USCIS to Welcome 21,000 New Citizens in Celebration of Constitution Day and Citizenship Day

 WASHINGTON— U.S. Citizenship and Immigration Services will celebrate Constitution Day and Citizenship Day this year by welcoming 21,000 new citizens in 335 naturalization ceremonies across the country between Sept. 17 and 23.

“It is an honor to welcome so many new Americans this Citizenship Day and Constitution Day,” said USCIS Director Ur M. Jaddou. “Citizenship Day and Constitution Day are special days at USCIS – an agency where many people come to work every day to help those at home and abroad realize the full meaning of U.S. citizenship. As we take time to reflect on what citizenship means to each of us, let us share in the commitment to invest fully in this country’s promise to be a place of hope and possibilities for all.” Read more at: https://www.uscis.gov/newsroom/news-releases/uscis-to-welcome-21000-new-citizens-in-celebration-of-constitution-day-and-citizenship-day

Contact Darren Heyman,
immigration attorney, for more information.

USCIS Extends Evidence of Status for Conditional Permanent Residents to 24 Months with Pending Form I-751 or Form I-829

 Starting Sept. 4, 2021, USCIS is extending the time that receipt notices can be used to show evidence of status from 18 months to 24 months for petitioners who properly file Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status. We are making the change from 18 to 24 months to accommodate current processing times for Form I-751 and Form I-829, which have increased over the past year.

Conditional permanent residents who properly file Form I-751 or Form I-829 will receive a receipt notice that can be presented with their Form I-551, Permanent Resident Card (also known as a Green Card), as evidence of continued status for up to 24 months past the expiration date on their Green Card, while their case remains pending with USCIS. Read more at: https://www.uscis.gov/news/alerts/uscis-extends-evidence-of-status-for-conditional-permanent-residents-to-24-months-with-pending-form

Contact Darren Heyman, immigration attorney, for more information.

HSI Phoenix, police arrest 2 men for alleged sexual exploitation of a minor

 SIERRA VISTA, Ariz. – Two area men were arrested in the past 72 hours on various counts of sexual exploitation of a minor as a result of ongoing investigations by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Sierra Vista Police Department (SVPD).

“Innocent children are irreparably harmed in the production of child pornography, and individuals who distribute such revolting material continue to victimize them,” said Scott Brown, special agent in charge of HSI Phoenix. “Protecting the most innocent members of our society is a top priority for HSI and we will not concede in our efforts to take child predators off our streets by putting them where they belong - behind bars.”

Read more at: https://www.ice.gov/news/releases/hsi-phoenix-police-arrest-2-men-alleged-sexual-exploitation-minor

Contact Darren Heyman, immigration attorney, for more information.

DHS Seeks Public Comment on Public Charge Rulemaking

 WASHINGTON—The U.S. Department of Homeland Security is seeking data and information from the public that DHS intends to use to develop a public charge regulatory proposal. The purpose of public comment is to ensure that the proposal is fair, consistent with law, and informed by relevant data and evidence. Public comment also will help DHS ensure that the proposed regulation does not impose undue burdens on noncitizens seeking admission to or adjustment of status in the United States. Read more at: https://www.uscis.gov/news/news-releases/dhs-seeks-public-comment-on-public-charge-rulemaking

Contact Darren Heyman, immigration attorney, for more information.

DHS and DOJ Publish Notice of Proposed Rulemaking to Make Asylum Process More Efficient and Ensure Fairness

 WASHINGTON – In a key step toward implementing the Administration’s blueprint for a fair, orderly, and humane immigration system, the Department of Homeland Security (DHS) and Department of Justice (DOJ) are publishing a notice of proposed rulemaking (NPRM) that would amend current regulations to improve the processing of asylum claims.  The proposed rule would allow, U.S. Citizenship and Immigration Services (USCIS) asylum officers to hear and decide applications for asylum, withholding of removal, and Convention Against Torture (CAT) protection for individuals who receive a positive credible fear determination.  These cases are currently assigned to immigration judges within DOJ’s Executive Office for Immigration Review. Read more at: https://www.uscis.gov/news/news-releases/dhs-and-doj-publish-notice-of-proposed-rulemaking-to-make-asylum-process-more-efficient-and-ensure

Contact Darren Heyman, immigration attorney, for more information.

USCIS Temporarily Extending Validity Period of Form I-693

 U.S. Citizenship and Immigration Services is temporarily extending the validity period for Form I-693, Report of Medical Examination and Vaccination Record, from two years to now four years due to COVID-19-related delays in processing.

USCIS may consider a completed Form I-693 as valid if: 

• The civil surgeon’s signature is dated no more than 60 days before the applicant filed Form I-485, Application to Register Permanent Residence or Adjust Status;
• No more than four years have passed since the date of the civil surgeon’s signature; and
• A decision on the applicant’s Form I-485 is issued on or before Sept. 30, 2021. Read more at: https://www.uscis.gov/news/alerts/uscis-temporarily-extending-validity-period-of-form-i-693

Contact Darren Heyman, immigration attorney, for more information.

USCIS Expands Partnership with Social Security Administration

 WASHINGTON— USCIS announced today that applicants filing for lawful permanent resident status are now able to apply for a Social Security number (SSN) or replacement card as part of the adjustment of status application process. Previously, these individuals had to apply for a Social Security number at a Social Security office. USCIS is revising Form I-485, Application to Register Permanent Residence or Adjust Status, to include the additional questions needed to apply for an SSN or a replacement card. Read more at: https://www.uscis.gov/news/news-releases/uscis-expands-partnership-with-social-security-administration

Contact Darren Heyman, immigration attorney, for more information.

Statement from Ur M. Jaddou as New Director of U.S. Citizenship and Immigration Services

 “As a proud American and a daughter of immigrants, I am deeply humbled and honored to return to USCIS as director. I look forward to leading a team of dedicated public servants committed to honoring the aspirations of people like my parents and millions of others who are proud to choose this country as their own. USCIS embodies America’s welcoming spirit as a land of opportunity for all and a place where possibilities are realized. Read more at: https://www.uscis.gov/news/news-releases/statement-from-ur-m-jaddou-as-new-director-of-us-citizenship-and-immigration-services

Contact Darren Heyman, immigration attorney, for more information.

Immigration Help Available to Those Affected by Natural Disasters and Other Unforeseen Circumstances

 USCIS is reminding the public that we offer immigration services that may help people affected by unforeseen circumstances such as natural disasters. Examples of unforeseen circumstances include, but are not limited to, the wildfires in the western United States and the recent building collapse in Surfside, Florida.

The following measures may be available on a case-by-case basis upon request:

• Changing a nonimmigrant status or extending a nonimmigrant stay for an individual currently in the United States. Failure to apply for the extension or change before expiration of your authorized period of admission may be excused if the delay was due to extraordinary circumstances beyond your control;
• Re-parole of individuals previously granted parole by USCIS;
• Expedited processing of advance parole requests;
• Expedited adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;

Read more at: https://www.uscis.gov/news/alerts/immigration-help-available-to-those-affected-by-natural-disasters-and-other-unforeseen-circumstances

Contact Darren Heyman, immigration attorney, for more information.

Employers May File H-2B Petitions for Returning Workers for FY 2021

 USCIS is announcing today that employers may file H-2B petitions for returning workers under the FY 2021 H-2B supplemental visa temporary final rule. Employers may take this action if they are likely to suffer irreparable harm without these additional workers. A petitioner must file a new Form I-129, Petition for a Nonimmigrant Worker, together with an approved and valid temporary labor certification that states an employment start date for the second half of the fiscal year, and attest that these noncitizens will be returning workers. Returning workers are defined as workers who were issued an H-2B visa or otherwise granted H-2B status in FY 2018, 2019, or 2020. Read more at: https://www.uscis.gov/news/alerts/employers-may-file-h-2b-petitions-for-returning-workers-for-fy-2021

Contact Darren Heyman, immigration attorney, for more information.

USCIS Expands Credit Card Payment Pilot Program to Form I-140 When Requesting Premium Processing

 U.S. Citizenship and Immigration Services (USCIS) today announced that it has expanded a previously announced pilot program at the Nebraska Service Center (NSC) for accepting credit card payments using Form G-1450, Authorization for Credit Card Transactions, for certain applicants applying for premium processing.

On July 19, the NSC started accepting credit card payments using Form G-1450 for petitioners filing Form I-140, Immigrant Petition for Alien Workers, with Form I-907, Request for Premium Processing Service, or when filing Form I-907 to upgrade a pending Form I-140 to premium processing. Read more at: https://www.uscis.gov/news/alerts/uscis-expands-credit-card-payment-pilot-program-to-form-i-140-when-requesting-premium-processing

Contact Darren Heyman, immigration attorney, for more information.

DHS Publishes Federal Register Notice Extending and Re-Designating Yemen for Temporary Protected Status

 WASHINGTON—The Department of Homeland Security today published a Federal Register notice (FRN) extending and re-designating Yemen for Temporary Protected Status (TPS) for 18 months, from Sept. 4, 2021, through March 3, 2023. The extension and re-designation of Yemen for TPS is due to ongoing armed conflict and extraordinary and temporary conditions that prevent Yemeni nationals (or individuals having no nationality who last habitually resided in Yemen) from safely returning.

The extension of TPS for Yemen allows approximately 1,700 current beneficiaries to retain TPS through March 3, 2023, so long as they meet TPS eligibility requirements. The re-designation of Yemen for TPS allows an estimated 480 additional Yemeni nationals (or individuals having no nationality who last habitually resided in Yemen) who have been continuously residing in the United States since July 5, 2021, and continuously physically present in the United States since Sept. 4, 2021, to file initial applications to obtain TPS, if they are otherwise eligible. Read more at: https://www.uscis.gov/news/news-releases/dhs-publishes-federal-register-notice-extending-and-re-designating-yemen-for-temporary-protected

Contact Darren Heyman, immigration attorney, for more information.

DHS releases Interagency Strategy for Promoting Naturalization

 WASHINGTON – Today the Department of Homeland Security’s U.S. Citizenship and Immigration Services released the Interagency Strategy for Promoting Naturalization (PDF, 3.77 MB), a whole-of-government approach to breaking down barriers to U.S. citizenship and promoting naturalization to all who are eligible, as outlined in President Biden’s Executive Order 14012. 

“Becoming a United States citizen is a tremendous privilege,” said Secretary Alejandro N. Mayorkas.  “New citizens, strengthened with the power and responsibilities that American citizenship brings, make our Nation better. This strategy will ensure that aspiring citizens are able to pursue naturalization through a clear and coordinated process.” Read more at: https://www.uscis.gov/news/news-releases/dhs-releases-interagency-strategy-for-promoting-naturalization

Contact Darren Heyman, immigration attorney, for more information.

USCIS Naturalization Policies Issued Since January 2021

 The Biden-Harris Administration is committed to making the naturalization process both welcoming and accessible to all who are eligible. As part of that effort, President Biden issued Executive Order 14012: Restoring Faith in Our Legal Immigration System and Strengthening Integration and Inclusion Efforts for New Americans. Since the beginning of the Biden-Harris Administration, U.S. Citizenship and Immigration Services (USCIS) has issued the following naturalization policies designed to support implementation of this Executive Order:

Reinstatement of the 2008 Civics Test-Revising Guidance on Naturalization Civics Educational Requirement (PDF, 320.79 KB) Read more at: https://www.uscis.gov/news/all-news/uscis-naturalization-policies-issued-since-january-2021

Contact Darren Heyman, immigration attorney, for more information.

USCIS Extends Flexibility for Responding to Agency Requests

 In response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners and requestors who are responding to certain:

• Requests for Evidence;
• Continuations to Request Evidence (N-14);
• Notices of Intent to Deny;
• Notices of Intent to Revoke;
• Notices of Intent to Rescind;
• Notices of Intent to Terminate regional centers; and
• Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant. Read more at: https://www.uscis.gov/news/alerts/uscis-extends-flexibility-for-responding-to-agency-requests-5

Contact Darren Heyman, immigration attorney, for more information.

USCIS Will Allow Resubmission of Certain FY 2021 H-1B Petitions Rejected or Closed Due to Start Date

 U.S. Citizenship and Immigration Services announced today it will accept resubmitted fiscal year (FY) 2021 H-1B cap-subject petitions that were rejected or administratively closed solely because the requested start date was after Oct. 1, 2020.

If your FY 2021 petition was rejected or administratively closed solely because your petition was based on a registration submitted during the initial registration period, but you requested a start date after Oct. 1, 2020, you may re-submit that previously filed petition, with all applicable fees, at the address below. Such petitions must be resubmitted before Oct. 1, 2021. If properly resubmitted, we will consider the petition to have been filed on the original receipt date. Read more at: https://www.uscis.gov/news/alerts/uscis-will-allow-resubmission-of-certain-fy-2021-h-1b-petitions-rejected-or-closed-due-to-start-date

Contact Darren Heyman, immigration attorney, for more information.

USCIS Clarifies Evidence Requirements Under Liberian Refugee Immigration Fairness

 U.S. Citizenship and Immigration Services today announced that it is updating guidance in the USCIS Policy Manual regarding eligibility for adjustment of status under Liberian Refugee Immigration Fairness (LRIF). The updated guidance clarifies what evidence an applicant may submit to establish Liberian nationality when applying for adjustment of status under LRIF.

The updated guidance includes examples of secondary evidence that could support an applicant’s claim of Liberian nationality, as part of the totality of the evidence. These examples include, but are not limited to, expired Liberian passports, baptismal records or other religious documents, school records, and medical records. USCIS will evaluate all evidence an applicant provides, including the applicant’s testimony during an interview, to evaluate their eligibility for adjustment of status. Read more at: https://www.uscis.gov/news/alerts/uscis-clarifies-evidence-requirements-under-liberian-refugee-immigration-fairness

Contact Darren Heyman, immigration attorney, for more information.

USCIS Announces Lockbox Filing Flexibilities

 U.S. Citizenship and Immigration Services will offer filing flexibilities to provide relief to certain applicants and petitioners impacted by delays at a USCIS lockbox. These flexibilities only apply to benefit requests submitted to a USCIS lockbox and not to USCIS service centers or field offices.

The following temporary flexibilities are effective for 60 days from June 10 until Aug. 9, 2021:

• 
  
  If you submitted a benefit request to a USCIS lockbox between Oct. 1, 2020, and April 1, 2021, and that request was rejected during that timeframe solely due to a filing fee payment that expired while the benefit request was awaiting processing, you may resubmit the request with a new fee payment. If USCIS concurs that it has rejected the benefit request because of the delay, USCIS will deem the request to have been received on the initial filing date it was first received and waive the $30 dishonored check fee. Read more at: https://www.uscis.gov/news/alerts/uscis-announces-lockbox-filing-flexibilities

Contact Darren Heyman, immigration attorney, for more information.

USCIS Updates Policies to Improve Immigration Services

 WASHINGTON—U.S. Citizenship and Immigration Services has issued new policy updates in the USCIS Policy Manual to clarify the criteria and circumstances for expedited processing; improve request for evidence (RFE) and notice of intent to deny (NOID) guidance; and increase the validity period for initial and renewal employment authorization documents (EADs) for certain noncitizens with pending adjustment of status applications.

“We are taking action to eliminate policies that fail to promote access to the legal immigration system, and will continue to make improvements that help individuals navigate the path to citizenship, and that modernize our immigration system,” said Secretary of Homeland Security Alejandro N. Mayorkas. Read more at: https://www.uscis.gov/news/news-releases/uscis-updates-policies-to-improve-immigration-services

Contact Darren Heyman, immigration attorney, for more information.

Cap Reached for Additional Returning Worker H-2B Visas for FY 2021

 Under the recently announced H-2B supplemental cap temporary final rule, USCIS has received enough petitions to reach the cap for the additional 16,000 H-2B visas made available for returning workers only. We continue to accept petitions for H-2B nonimmigrant workers for the additional 6,000 visas allotted for nationals of Honduras, Guatemala and El Salvador (collectively called the Northern Triangle).

We began accepting H-2B petitions on May 25 under the temporary final rule increasing the cap by up to 22,000 additional H-2B nonimmigrant visas through the end of fiscal year (FY) 2021. Of the 22,000 additional visas, 16,000 were available only for returning workers. The remaining 6,000 visas are initially set aside for nationals from the Northern Triangle who are exempt from the returning worker requirement. Read more at: https://www.uscis.gov/news/alerts/cap-reached-for-additional-returning-worker-h-2b-visas-for-fy-2021

Contact Darren Heyman, immigration attorney, for more information.

USCIS Announces Pilot Program for Credit Card Payments Using Form G-1450 When Filing Form I-485

 U.S. Citizenship and Immigration Services today announced a pilot program for accepting credit card payments using Form G-1450, Authorization for Credit Card Transactions, for U nonimmigrants filing Form I-485, Application to Register Permanent Residence or Adjust Status.

The pilot program began on May 3 at the Nebraska Service Center and will be limited to this location. The service center started accepting credit card payments from certain Form I-485 applicants using Form G-1450. Applicants must be U nonimmigrants (victims of criminal activity). Read more at: https://www.uscis.gov/news/alerts/uscis-announces-pilot-program-for-credit-card-payments-using-form-g-1450-when-filing-form-i-485

Contact Darren Heyman, immigration attorney, for more information.

Updated Guidance on Naturalization for Veterans Living Overseas

 We are updating guidance in the USCIS Policy Manual to provide clarification regarding certain naturalization applications filed by veterans of the U.S. armed forces under section 329 of the Immigration and Nationality Act (INA).

INA section 329 permits certain veterans who served and were honorably discharged from the military but are not lawful permanent residents (LPRs) to file an Application for Naturalization (Form N-400) to naturalize under INA 329 even if they are currently residing outside the United States. Read more at: https://www.uscis.gov/news/alerts/updated-guidance-on-naturalization-for-veterans-living-overseas

Contact Darren Heyman, immigration attorney, for more information.

USCIS Eases Visitor Restrictions for Fully Vaccinated Individuals

 Due to updated guidance from the CDC, USCIS has updated its visitor policy. Fully vaccinated individuals no longer have to wear a face covering. Individuals two years old and older who are not fully vaccinated must still wear a face covering.

To be considered fully vaccinated, it must be at least two weeks after receiving a second dose in a two-dose series or at least two weeks after receiving a dose of a single-dose vaccine. Read more at: https://www.uscis.gov/news/alerts/uscis-eases-visitor-restrictions-for-fully-vaccinated-individuals

Contact Darren Heyman, immigration attorney, for more information.

ICE announces extension, new employee guidance to I-9 compliance flexibility

 WASHINGTON – U.S. Immigration and Customs Enforcement (ICE) today announced an extension of the flexibilities in rules related to Form I-9 compliance that was initially granted last year. Due to the continued precautions related to COVID-19, the Department of Homeland Security (DHS) will extend this policy until Aug. 31, 2021. Read more at: https://www.ice.gov/news/releases/ice-announces-extension-new-employee-guidance-i-9-compliance-flexibility-0

Contact Darren Heyman, immigration attorney, for more information.

DHS Announces Open Registration for Temporary Protected Status for Burma

 WASHINGTON—The Department of Homeland Security today published a Federal Register notice (FRN) designating Burma for Temporary Protected Status (TPS) for 18 months, effective May 25, 2021, through Nov. 25, 2022. Secretary of Homeland Security Alejandro N. Mayorkas previously announced on March 12 that Burma would be designated for TPS. Read more at: https://www.uscis.gov/news/news-releases/dhs-announces-open-registration-for-temporary-protected-status-for-burma

Contact Darren Heyman, immigration attorney, for more information.

U.S. Departments of Homeland Security and Labor Issue Joint Rule Supplementing H-2B Visa Cap

 WASHINGTON—The Department of Homeland Security (DHS) and the Department of Labor (DOL) have published a joint temporary final rule making available an additional 22,000 H-2B temporary nonagricultural guest worker visas for fiscal year (FY) 2021 to employers who are likely to suffer irreparable harm without these additional workers. Of the supplemental visas, 6,000 are reserved for nationals of the Northern Triangle countries of Honduras, El Salvador, and Guatemala. Read more at: https://www.uscis.gov/news/news-releases/us-departments-of-homeland-security-and-labor-issue-joint-rule-supplementing-h-2b-visa-cap

Contact Darren Heyman, immigration attorney, for more information.

DHS Issues Final Rule to Remove Vacated H-1B Rule from Code of Federal Regulations

 The Department of Homeland Security has issued a final rule that removes from the Code of Federal Regulations (CFR) an interim final rule (IFR) issued in October 2020, which has since been vacated by a federal district court.

On Oct. 8, 2020, DHS issued an IFR titled, Strengthening the H-1B Nonimmigrant Visa
Classification Program. On Dec. 1, 2020, the U.S. District Court for the Northern District of California vacated the IFR. Read more at: https://www.uscis.gov/news/alerts/dhs-issues-final-rule-to-remove-vacated-h-1b-rule-from-code-of-federal-regulations

Contact Darren Heyman, immigration attorney, for more information.

USCIS Announces Open Application Period for Citizenship and Integration Grant Program

 WASHINGTON—U.S. Citizenship and Immigration Services is accepting applications for two funding opportunities under the Citizenship and Integration Grant Program. The grant opportunities will provide up to $10 million in grants for citizenship preparation programs in communities across the country.

These competitive grant opportunities are open to organizations that prepare lawful permanent residents for naturalization and promote civic integration through increased knowledge of English, U.S. history, and civics. USCIS received support from Congress through appropriations to make these funding opportunities available to communities. Read more at: https://www.uscis.gov/news/news-releases/uscis-announces-open-application-period-for-citizenship-and-integration-grant-program

Contact Darren Heyman, immigration attorney, for more information.

ICE removes Guatemalan citizen for alleged human rights violations in connection with 1982 Dos Erres massacre

 

WASHINGTON — Jose Mardoqueo Ortiz Morales, who was wanted in his native country for his role in the killing of hundreds of innocent civilians in Dos Erres, Guatemala, in 1982, was turned over by U.S. Immigration and Customs Enforcement (ICE) to law enforcement authorities in Guatemala Friday, May 7.

Ortiz Morales, 59, a former member of an elite Guatemalan army unit known as the Kaibiles, is accused of taking part in the massacre in which Guatemalan special forces executed 200 unarmed villagers, including women and children. Read more at: https://www.ice.gov/news/releases/ice-removes-guatemalan-citizen-alleged-human-rights-violations-connection-1982-dos

Contact Darren Heyman, immigration attorney, for more information.

USCIS Temporarily Suspends Biometrics Requirement for Certain Form I-539 Applicants

 Effective May 17, 2021, U.S. Citizenship and Immigration Services will temporarily suspend the biometrics submission requirement for certain applicants filing Form I-539, Application To Extend/Change Nonimmigrant Status, requesting an extension of stay in or change of status to H-4, L-2, and E nonimmigrant status. USCIS will allow adjudications for those specific categories to proceed based on biographic information and related background checks, without capturing fingerprints and a photograph. This suspension will apply through May 17, 2023, subject to affirmative extension or revocation of the suspension period by the USCIS director. Read more at: https://www.uscis.gov/news/alerts/uscis-temporarily-suspends-biometrics-requirement-for-certain-form-i-539-applicants

Contact Darren Heyman, immigration attorney, for more information.

Rescheduling Biometric Services Appointments by Phone

 U.S. Citizenship and Immigration Services (USCIS) announced today that applicants, petitioners, requestors and beneficiaries may now call the USCIS Contact Center (800-375-5283) to reschedule their biometric services appointments scheduled at a USCIS Application Support Center. Previously, applicants had to submit requests in writing to reschedule their biometrics appointments. This change helps eliminate undue paperwork and allows USCIS to track the request through a more efficient process.  Read more at: https://www.uscis.gov/news/alerts/rescheduling-biometric-services-appointments-by-phone

Contact Darren Heyman, immigration attorney, for more information.

DHS Announces Continuation of International Entrepreneur Parole Program

 WASHINGTON—U.S. Citizenship and Immigration Services announced today that the Department of Homeland Security is withdrawing a 2018 notice of proposed rulemaking that proposed to remove the International Entrepreneur program from DHS regulations. The International Entrepreneur (IE) parole program, first introduced in 2017, will remain a viable program for foreign entrepreneurs to create and develop start-up entities with high growth potential in the United States. The program will help to strengthen and grow our nation’s economy through increased capital spending, innovation, and job creation. Read more at: https://www.uscis.gov/news/news-releases/dhs-announces-continuation-of-international-entrepreneur-parole-program

Contact Darren Heyman, immigration attorney, for more information.

HSI investigation leads to seizure of 9th fraudulent website seeking to capitalize on COVID-19

 BALTIMORE — The U.S. Attorney’s Office for the District of Maryland has seized “freevaccinecovax.org” which purported to be the website of an actual biotechnology company developing a vaccine for the COVID-19 virus but instead was allegedly used to collect the personal information of individuals visiting the site, in order to use the information for nefarious purposes, including fraud, phishing attacks and/or deployment of malware. Individuals visiting the site will now see a message that the site has been seized by the federal government and be redirected to another site for additional information. Read more at: https://www.ice.gov/news/releases/hsi-investigation-leads-seizure-9th-fraudulent-website-seeking-capitalize-covid-19.

Contact Darren Heyman, immigration attorney, for more information.

USCIS May Reopen H-1B Petitions Denied Under Three Rescinded Policy Memos

 U.S. Citizenship and Immigration Services today announced it may reopen and/or reconsider adverse decisions on Form I-129, Petition for a Nonimmigrant Worker, made based on three rescinded policy memos. USCIS will generally use its discretion to accept a motion to reopen filed more than 30 days after the decision, if filed before the end of the validity period requested on the petition or labor condition application, whichever is earlier, and the decision was based on one or more policies in the rescinded H-1B memoranda below. Read more at: https://www.uscis.gov/news/alerts/uscis-may-reopen-h-1b-petitions-denied-under-three-rescinded-policy-memos

Contact Darren Heyman, immigration attorney, for more information.

USCIS Extends Flexibilities to Certain Applicants Filing Form I-765 for OPT

 USCIS announced flexibilities for certain foreign students affected by delayed receipt notices for Form I-765, Application for Employment Authorization. These flexibilities apply only to applications received on or after Oct. 1, 2020, through May 1, 2021, inclusive.

USCIS has experienced delays at certain lockboxes in issuing receipt notices for Form I-765 for optional practical training (OPT) for F-1 students. These delays are a result of COVID-19 restrictions, a dramatic increase in filings of certain benefit requests, postal service volume and delays, and other external factors. While we have made progress in addressing the problem, we are extending the following flexibilities to assist certain applicants for OPT impacted by the delays. Read more at: https://www.uscis.gov/news/alerts/uscis-extends-flexibilities-to-certain-applicants-filing-form-i-765-for-opt

Contact Darren Heyman, immigration attorney, for more information.

USCIS Expands Premium Processing Service to E-3 Petitioners

 Starting Feb. 24, 2021, petitioners filing Form I-129, Petition for a Nonimmigrant Worker, requesting a change or extension of status to E-3 classification will have the option to request premium processing service for their petition. The E-3 classification applies only to nationals of Australia who are coming to the United States solely to perform services in a specialty occupation. 

An Australian national who is outside the United States may apply for an E-3 nonimmigrant visa directly through the Department of State or, in the case of an individual already in the U.S., by filing Form I-129 with USCIS. Read more at: https://www.uscis.gov/news/alerts/uscis-expands-premium-processing-service-to-e-3-petitioners

Contact Darren Heyman, immigration attorney, for more information,

ICE removes WWII Nazi concentration camp guard to Germany

 WASHINGTON – U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) removed a 95-year-old former Nazi concentration camp guard to Germany, Friday.

Friedrich Karl Berger, a German citizen, participated in Nazi-sponsored persecution while serving in 1945 as an armed guard of concentration camp prisoners in the Neuengamme Concentration Camp system (Neuengamme). He was ordered removed from the United States in February 2020. Read more at: https://www.ice.gov/news/releases/ice-removes-wwii-nazi-concentration-camp-guard-germany

Contact Darren Heyman, immigration attorney, for more information.

USCIS Reaches Fiscal Year 2021 H-1B Cap

USCIS has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2021.

We have completed sending non-selection notifications to registrants’ online accounts. The status for registrations properly submitted for the FY 2021 H-1B numerical allocations, but that were not selected, will now show:

• Not Selected: Not selected for this fiscal year. Read more at: https://www.uscis.gov/news/alerts/uscis-reaches-fiscal-year-2021-h-1b-cap

Contact Darren Heyman, immigration attorney, for more information.