This week on September 29, 2020, a California district court stayed the implementation and the effective date of the final rule which adjusted the US Citizenship & Immigration Services (USCIS) fee schedule and required new versions of several forms, stating as one of the reasons that Acting Homeland Security Secretary Chad Wolf was likely improperly appointed. This means that the fee increases, along with form and policy changes, will NOT take effect as scheduled on October 2, 2020. The American Immigration Lawyers Association (AILA) confirmed because of the injunction that on October 2, 2020, applicants “are not required to submit the 10/2/20 revised versions of Forms I-129, Form I-765, Form I-912, and Forms N-600/N-600A.”
Read moreUS Citizenship & Immigration Services (USCIS) released guidance late last month on how they will implement Acting Secretary of Homeland Security Chad Wolf’s July 28 Deferred Action for Childhood Arrivals (DACA) memorandum, which was issued after the Supreme Court rejected in June the Trump administration's attempt to rescind the DACA program.
Read moreUS Customs and Border Protection (CBP) and the Transportation Security Administration (TSA) published a notice in the Federal Register stating that effective September 14, 2020, flights carrying passengers who were recently present in China (excluding the Special Administrative Regions of Hong Kong and Macau), Iran, the twenty-six countries of the Schengen Area, the United Kingdom, Ireland, and Brazil will no longer be required to land at one of fifteen designated airports in order for passengers to undergo COVID-19 health screenings. This notice only relates to the cancellation of health screenings at designated US airports but does not lift or change the country-specific COVID-19 travel restrictions (which were issued January 31, 2020, February 29, 2020, March 11, 2020, March 14, 2020, and May 24, 2020) for the countries listed above, the immigrant visa travel ban (Presidential Proclamation 10014) or the nonimmigrant visa travel ban (Presidential Proclamation 10052). The American Immigration Lawyers Association (AILA) CBP Liaison Committee confirmed with CBP that the travel restrictions remain in place and those affected by the restrictions will still be required to obtain a National Interest Exemption (NIE) to travel to the US.
Read moreThe US Department of State (DOS) has issued guidance explaining additional ways for H-1B, H-2B, L-1, and J-1 visa applicants to overcome the travel restrictions detailed in President Trump’s June 22, 2020, presidential proclamation (PP 10052). This June 22 proclamation suspended the entry of foreign nationals into the US on H-1B, H-2B, L, and J visas until at least December 31, 2020, and also extended the suspension of entry to the US of most immigrant visa applicants through the end of the year. The DOS guidance, issued August 12, 2020, broadened the exceptions to the June 22 proclamation, but not everyone is pleased. Jesse Bless, American Immigration Lawyers Association’s (AILA) director of litigation, criticized the guidance in an interview in Forbes: “The guidance is an attempt to place new statutory requirements for these visas in violation of the Immigration and Nationality Act and, to the extent the law is ambiguous, without notice and comment to enact regulatory change.” He added: “Some may benefit, but it’s an unlawful attempt nonetheless.”
Read moreAttorneys and foreign nationals are reporting that US consular officers in Europe are denying O-1 visas for individuals who “possesses extraordinary ability” or a “demonstrated record of extraordinary achievement” based on the March 11, 2020, presidential proclamation (PP 9993) that restricted travel to the US from the Schengen Area, which includes twenty-six European countries. This March 11 proclamation stated: “The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Schengen Area during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited.” (Other proclamations enacted similar travel restrictions for other countries including England, Scotland, Wales, Northern Ireland, and the Republic of Ireland, as well as Brazil.)
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