On May 3, 2021, USCIS announced that it will suspend biometrics requirements for certain I-539 applicants for a two-year period beginning on May 17, 2021.The biometrics suspension will apply to the H-4, L-2, and E-1, E-2, and E-3 categories of Form I-539 applications if they are pending on May 17, 2021, and have...
News & Updates
U.S. Supreme Court hands victory to immigrants facing deportation
Supreme Court decision opens doors for immigrants to possibly cancel their deportation On April 29, 2021, the Supreme Court issued a decision, Niz-Chavez v. Garland, that will allow many individuals in immigration court to apply to cancel their deportation. The case was about a form of relief called Cancellation of Removal,...
Additional 22,000 H-2B – Temporary, Non-Agricultural Worker Visas To Become Available
In light of increased labor demands, the Department of Homeland Security (DHS) is announcing a supplemental increase of 22,000 H-2B visas for Temporary Non-Agricultural Worker program. The additional visas will be made available in the coming months via a temporary final rule in the Federal Register. Those from Guatemala, Honduras...
Immigrant Visa Backlog – Frequently Asked Questions
Immigrant Visa Backlog - FAQs Q: Why are there still immigrant visa interview backlogs? A: Our number one priority is the safety of our applicants and our staff. The IV interview backlog has developed because of limitations in staffing and other COVID-related operational constraints preventing us from processing the same...
DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA)
DACA (Deferred Action for Childhood Arrivals) is a U.S. immigration policy that provides a quasi-legal status and employment authorization to certain individuals unlawfully present in the United States after being brought to the country as children. Individuals may qualify for DACA if they: Were under the age of 31 as...
Reminder of Current Policy Boarding of Lawful Permanent Residents
Unexpired Valid Permanent Resident Card • Passengers with valid, unexpired Permanent Resident Card (PRC or “Green Card”) may be boarded without any additional documentation. Re-Entry Permit (I-327): Valid and Unexpired • Passengers with valid, unexpired re-entry permit are permitted to board without additional documentation.• The document must be the original...
House Democrats approved two separate bills on immigration
House Democrats approved two separate bills on immigration Thursday, marking the first time Congress has voted on a pathway for citizenship for undocumented immigrants since Democrats won slim majorities in both chambers of Congress with President Joe Biden in the White House. The two bills are: American Dream and Promise...
DHS Announces DOJ Will No Longer Defend the 2019 Public Charge Final Rule – No Need for Form I-944 Public Charge Petitions soon:
In a statement released on March 9, DHS announced: “Following the Seventh Circuit dismissal this afternoon, the final judgment from the Northern District of Illinois, which vacated the 2019 public charge rule, went into effect. As a result, the 1999 interim field guidance on the public charge inadmissibility provision (i.e.,...
H-1b Selection Process Back to Random Selection (Not WAGE BASED SELECTION) for FY2022
DHS is delaying the effective date of the new Registration Requirement for Petitioners Seeking To File Cap-Subject H-1B Petitions based on Wage levels from March 9, 2021, to Dec. 31, 2021. For the upcoming H-1B cap season, USCIS will apply the current regulations (random selection) to any registration period that...
How can I use the EB-5 Investor Program to get a Green Card?
The United States EB5 Green Card or EB-5 Immigrant Investor Visa Program was created in 1990 by the US Congress, through the Immigration Act of 1990. This program offers immigrant investors the chance to become lawful permanent residents, through a $900,000 investment in a business that that employs at least...
The Biden Immigration Policy
January 20, 2021. U.S. Department of Labor Withdraws Program Bulletin Announcing Revised Interpretation and New Guidance under the H-1B Visa Program for Review
On January 20, 2021, the Department of Labor withdrew its Notice concerning which employers of H-1B workers must file Labor Condition Applications, from the Office of the Federal Register prior to its publication. It is now withdrawing the Bulletin and Wage and Hour Division Field Assistance Bulletin (FAB) for the...
Ending Discriminatory Bans on Entry to the United States of certain nationals
On January 20, 2021, President Biden signed a Presidential Proclamation titled “Ending Discriminatory Bans on Entry to the United States” ending travel restrictions under Presidential Proclamations 9645 and 9983 that had suspended entry into the United States of certain nationals, based on visa type, from Burma, Eritrea, Iran, Kyrgyzstan, Libya,...
H-1B Final Rule to end H-1B visa lottery: published on January 8, 2021, goes into effect on March 9, 2021
What Would the Rule Do and Who Would It Exclude?: Instead of the H-1B lottery, the USCIS will receive registrations before the start of a new fiscal year (probably before the first of April) and if more registrations are submitted than the current H-1B limit allows, the agency will approve...
Key Changes on Day One of Biden Administration’s Immigration Announcements
Pause on Deportations except of those posing danger to national security.Enforcement Priorities of those who threaten . National security, Border security or Public safety.Strengthening DACA.Ending bans on majority-Muslim and African countries.Stopping border wall construction.Extending Deferred Extended Departure protections for Liberians.Reversing the Trump efforts to exclude undocumented immigrants from Census count.