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:

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  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.