US Citizenship & Immigration Services (USCIS) announced this week that they will reuse previously submitted biometrics so the agency can process valid Form I-765, Application for Employment Authorization, extension requests due to the temporary closure of Application Support Centers (ASC) to the public in response to the coronavirus (COVID-19) pandemic. The agency notes that this announcement is consistent with existing USCIS authority regarding the agency’s ability to reuse previously submitted biometrics. Applicants who had an appointment scheduled with an ASC on or after the March 18 closure or who has filed an I-765 extension will have their application processed using previously submitted biometrics. USCIS notes this policy will remain effect until ASCs are open for appointments to the public.
FY 2021 H-1B Cap Petitions May Be Filed as of April 1
US Citizenship & Immigration Services (USCIS) announced that H-1B cap-subject petitions for fiscal year (FY) 2021, including advanced degree cases, may now be filed with USCIS as of April 1, 2020, if based on a valid selected registration. Petitioners are only eligible to file a FY 2021 H-1B cap-subject petition if they electronically registered the beneficiary in the H-1B registration process and USCIS selected the registration for the beneficiary in the random lottery.
The H-1B cap-subject petition must be properly filed within the period indicated on the relevant registration selection notice. The period for filing the H-1B cap-subject petition will be at least ninety days. Since online filing is not available for H-1B petitions, petitioners must file H-1B petitions by paper and should include a printed copy of the applicable registration selection notice along with the supporting evidence and documents establishing eligibility for the H-1B.
According to USCIS, the H-1B electronic registration process was well-received by users, who provided a high satisfaction score with the system. The agency indicated that nearly 275,000 unique registrations were submitted during the initial registration period and roughly forty-six percent of all registrations were for prospective beneficiaries with US advanced degrees. More than 40,000 registration accounts were created in total.
“The new H-1B electronic registration system has been an overall success,” Joseph Edlow, USCIS Deputy Director for Policy, said in a statement. “The positive feedback received by users of the H-1B registration system, the limited amount of technical issues experienced during the registration period, and the ability to immediately respond to questions from registrants was the result of a comprehensive effort developed over the course of more than a year. This new registration system is one of many ways USCIS is improving the H-1B program.”
USCIS Has Closed Offices to the Public from March 18 to June 4 but USCIS Service Centers Remain Operational (UPDATED APRIL 27, 2020)
UPDATE APRIL 27, 2020: USCIS has announced that they are planning to re-open offices for in-person services on June 4.
Effective March 18, 2020, US Citizenship & Immigration Services (USCIS) suspended in-person services at its field offices, asylum offices, and Application Support Centers (ASCs) to help prevent the spread of Coronavirus (COVID-19). The closure will be effective until at least May 3, but the closure date may be extended. Employees in these offices are continuing to perform mission-essential services not requiring face-to-face contact with the public and USCIS will still provide limited emergency services. USCIS Service Centers are operational at this time.
USCIS field offices will send notices to applicants and petitioners with scheduled appointments and naturalization ceremonies affected by the closure. USCIS states that asylum offices will send interview cancellation notices and automatically reschedule asylum interviews. When the interview is rescheduled, asylum applicants will receive a new interview notice with the new time, date, and location of the interview. When USCIS resumes normal operations, the agency will automatically reschedule the affected ASC appointments. Applicants will receive a new appointment letter in the mail and those who had InfoPass or other appointments must reschedule through the USCIS Contact Center after field offices are open again to the public. Individuals can check if their field office has been reopened online.
H-1B Initial Electronic Registration Selection Process Completed
US Citizenship & Immigration Services (USCIS) announced that they have received enough electronic registrations during the initial period to reach the FY 2021 H-1B numerical allocations for the H-1B cap. The agency randomly selected from among the electronic registrations that were properly submitted. USCIS will notify petitioners with selected registrations no later than March 31, 2020, that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the selected registration. Registrants’ online accounts will now show one of the following statuses for each registration (i.e, for each beneficiary registered):
Submitted: A registration status may continue to show “Submitted” after the initial selection process has been completed. “Submitted” registrations will remain in consideration for selection until the end of the fiscal year, at which point all registration statuses will be Selected, Not Selected, or Denied.
Selected: Selected to file an FY 2021 H-1B cap-subject petition.
Denied: A duplicate registration was submitted by the same registrant for the same beneficiary, or a payment method was declined and not reconciled. If denied as a duplicate registration, all registrations you submitted for this beneficiary for the fiscal year are invalid.
USCIS notes that only petitioners with selected registrations may file H-1B cap-subject petitions for FY 2021, and only for the beneficiary listed in the selected registration notice.
UPDATE FEBRUARY 22, 2021: USCIS announced they have received a sufficient number of petitions to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa US advanced degree exemption (master’s cap) for FY 2021 cap. The agency announced they completed sending non-selection notifications to registrants’ online accounts and the status for registrations properly submitted for the FY 2021 cap but that were not selected will now show as: “Not Selected: Not selected for this fiscal year.”
USCIS Announces Flexibility for Requests for Evidence and Notices of Intent to Deny (UPDATED MARCH 31, 2020)
UPDATE MAY 4, 2020: USCIS has announced additional flexibility for agency requests.
In response to the coronavirus (COVID-19) pandemic, US Citizenship & Immigration Services (USCIS) announced that the agency is adopting a measure to assist applicants and petitioners responding to requests for evidence (RFEs) and notices of intent to deny (NOIDs) dated between March 1 and May 1, 2020. Applicants and petitioners who receive an RFE or NOID dated between March 1 and May 1, 2020 and submit any responses within sixty calendar days after the response deadline specified in the RFE or NOID will have the response considered by USCIS before any action is taken. The agency notes they are adopting several measures to protect their workforce and community at this time as well as to minimize the immigration consequences for those seeking immigration benefits during this time. USCIS will provide further updates as the situation develops.
UPDATE MARCH 31, 2020: USCIS has clarified that the outlined flexibility regarding submitting RFEs and NOIDs also applies to certain Notices of Intent to Revoke (NOIR) and Notices of Intent to Terminate (NOIT) regional investment centers, as well as certain filing date requirements for Form I-290B, Notice of Appeal or Motion. Specifically, the flexibility applies to an RFE, NOID, NOIR, NOIT or appealable decision within AAO jurisdiction and the issuance date listed on the request, notice, or decision is between March 1, 2020 and May 1, 2020, inclusive.
USCIS specifies that any response to an RFE, NOID, NOIR, or NOIT received within sixty calendar days after the response due date set in the request or notice “will be considered by USCIS before any action is taken.” Additionally, any Form I-290B received up to sixty calendar days from the date of the decision will also be considered by USCIS before the agency takes any action. We will post any additional updates from USCIS as we receive them.
The Firm Is Still Operational Amid COVID-19 Pandemic
USCIS Announces Flexibility in Submitting Required Signatures During COVID-19 National Emergency
US Citizenship & Immigration Services (USCIS) announced last week that due to the ongoing COVID-19 National Emergency announced by President Trump on March 13, 2020, the agency will accept all benefit forms and documents with reproduced original signatures, including for the Form I-129, Petition for Nonimmigrant Worker, for submissions dated March 21, 2020, and going forward. This means that a document may be scanned, faxed, photocopied, or similarly reproduced as long as the copy is of an original document containing an original handwritten signature, unless otherwise specified. For forms that require an “original ‘wet’ signature,” per form instructions, USCIS will accept electronically reproduced original signatures for the duration of the national emergency. Applicants who submit documents bearing an electronically reproduced original signature should also keep the original documents containing the “wet” signature since USCIS, at any time, can request the original documents. If upon request these original documents are not provided to USCIS, this “could negatively impact the adjudication of the immigration benefit.” The agency notes that this temporary change only applies to signatures and that all other instructions should be followed when completing and submitting a form.
USCIS Announces Temporary Suspension of Premium Processing for All I-129 and I-140 Petitions Due to the Coronavirus Pandemic
US Citizenship & Immigration Services (USCIS) announced effective March 20, 2020, the immediate and temporary suspension of premium processing service for all Form I-129 and I-140 petitions until further notice due to coronavirus pandemic (COVID-19). USCIS will process any petition with a previously accepted Form I-907, Request for Premium Processing Service, in accordance with the premium processing service criteria. The agency notes, however, that they will not be able to send notices using pre-paid envelopes and instead only send batch-printed notices. Petitioners who have already filed a Form I-129, Petition for a Nonimmigrant Worker, or Form I-140, Immigrant Petition for Alien Workers, using the premium processing service and who do not receive any response on their case within the fifteen-day-calendar period will receive a refund, consistent with 8 CFR 103.7(e). USCIS will notify the public when premium processing returns.
USCIS will reject the I-907 and return the $1,440 filing fee for all petitions requesting premium processing that were mailed before March 20 but not yet accepted. The temporary suspension of premium processing includes petitions filed for the following categories:
I-129: E-1, E-2, H-1B, H-2B, H-3, L-1A, L-1B, LZ, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, R-1, TN-1 and TN-2; and
I-140: EB-1, EB-2 and EB-3.
This suspension includes new premium processing requests for all H-1B petitions, including H-1B cap-subject petitions for fiscal year 2021, petitions from previous fiscal years, and all H-1B cap exempt petitions. A temporary suspension of premium processing for H-1B FY 2021 cap cases was previously enacted, and this announcement expands upon and supersedes it. USCIS.gov publishes current Form I-129 and I-140 regular processing times on their website.
Will Not Be Cancelled
Initial H-1B Electronic Registration Period Closed March 20
The initial electronic registration period for the fiscal year (FY) 2021 H-1B numerical allocations closed at noon Eastern Time on March 20, 2020. To be considered in the initial selection process, electronic registrations must have been properly submitted before noon on March 20. If USCIS has received enough registrations during the initial registration period, the agency will conduct the lottery to randomly select the number of registrations they project are needed to reach the FY 2021 H-1B numerical allocations.
After the lottery, the agency will send selection notifications via users’ online accounts no later than March 31, 2020. Selected registrants will be eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration. The H-1B cap-subject petition must be properly filed within the filing period indicated on the relevant selection notice. The period for filing the H-1B cap subject petition will be at least ninety days. For more information, visit the H-1B Electronic Registration Process page.