USCIS May Reopen H-1B Petitions Denied Under Three Rescinded Policy Memos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may reopen and/or reconsider adverse decisions on Form I-129, Petition for a Nonimmigrant Worker, made based on three rescinded policy memos.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or labor condition application, whichever is earlier, and the decision was based on one or more policies in the rescinded H-1B memoranda below. Read more at: https://www.uscis.gov/news/alerts/uscis-may-reopen-h-1b-petitions-denied-under-three-rescinded-policy-memos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.

President Biden Reinstates DED for Eligible Liberians

 On Jan. 20, 2021, President Biden issued a memorandum directing the secretary of Homeland Security to reinstate Deferred Enforced Departure (DED) for eligible Liberians and to provide for continued work authorization through June 30, 2022.

Eligible Liberian nationals (and persons without nationality who last habitually resided in Liberia) covered under DED as of Jan. 10, 2021, may remain in the United States through June 30, 2022. We will automatically extend employment authorization documents (EADs) with a March 30, 2020, or Jan. 10, 2021, facial expiration date through June 30, 2022, for eligible individuals covered under DED for Liberians. A notice in the Federal Register has information on this automatic extension and instructions on how they can obtain new EADs if they so desire. Read more at: https://www.uscis.gov/news/alerts/president-biden-reinstates-ded-for-eligible-liberians

Contact Darren Heyman, immigration attorney, for more information.

ICE probe leads to 15 years in prison for ex-lawyer who executed multimillion-dollar fraud where clients were victimized by forged judges’ signatures

 

LOS ANGELES – A disbarred lawyer was sentenced today to 180 months in federal prison for stealing more than $4 million from his clients through a variety of means, including collecting fees for work he never performed. The case is the result of an extensive investigation by U.S. Immigration and Customs Enforcement’s Office of Professional Responsibility (OPR) and the State Bar of California. 

Read more at: https://www.ice.gov/news/releases/ice-probe-leads-15-years-prison-ex-lawyer-who-executed-multimillion-dollar-fraud

Contact Darren Heyman, immigration attorney, for more information.