President Biden Issues Proclamation Revoking Trump's Ban for Immigrants Outside the US 

On February 24, 2021, President Joseph Biden signed a proclamation revoking former President Trump’s suspension of the issuance of immigrant visas (Green Cards) to those outside the United States, which Trump put forth at the time to purportedly assist with the economic recovery for American workers affected by the coronavirus (COVID-19) pandemic. Specifically, President Biden’s proclamation revokes the suspension of entry imposed in Proclamation 10014 (April 22, 2020), as extended by section 1 of Proclamation 10052 (June 22, 2020), and section 1 of Proclamation 10131 (December 31, 2020).

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H-1B Cap Registration Period for Fiscal Year 2022 Begins March 9, 2021 (Plus FAQ on the H-1B Cap)

US Citizenship & Immigration Services (USCIS) announced that the initial registration period for the fiscal year (FY) 2022 H-1B cap will begin at 12pm ET on March 9 and run through 12pm ET on March 25. During this registration period, prospective petitioners and representatives will be able to submit their registrations using their myUSCIS account and pay the $10 fee for each registration submitted on behalf of each beneficiary.

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USCIS Expands Premium Processing Service to E-3 Petitioners Effective February 24, 2021

This week US Citizenship & Immigration Services (USCIS) expanded the fifteen-day premium processing service to E-3 petitioners. Effective February 24, 2021, petitioners filing Form I-129, Petition for a Nonimmigrant Worker, who are 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 visa category is reserved for Australian nationals seeking to work in the US in a professional job.

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USCIS Will Revert Back to the 2008 Version of the Naturalization Civics Test Effective March 1, 2021

On February 22, 2021, US Citizenship & Immigration Services (USCIS) announced plans to revert to the 2008 Version of the naturalization civics test effective March 1, 2021, after the Trump administration, in late 2020, implemented a new version of the test for naturalization applications filed on or after December 1, 2020. Those who file for naturalization after March 1, 2021 will be given the 2008 test to which the Biden Administration is reverting. However, those who filed or will file between December 1, 2020 and March 1, 2021 will be given the option of taking either the 2020 Trump era version or 2008 version of the test.

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BuzzFeed News: "'Illegal Alien' Will No Longer Be Used In Many US Government Communications"

For many years the American government has used such terms as “alien” and “illegal alien” when referring to non-US citizens—terms that many immigration advocates have denounced as “dehumanizing” and offensive. Now, under direction from the Biden administration, Tracy Renaud, the senior official performing the duties of the director of US Citizenship & Immigration Services (USCIS), has issued a memo for the agency to no longer refer to foreign nationals as “illegal alien,” “alien,” or “undocumented alien” in internal and external communications, but rather to use the terms “noncitizen,” “undocumented noncitizen,” or “undocumented individual.” Additionally, USCIS will no longer use “assimilation,” but instead use the term “integration,” and also will refer to those who apply for immigration benefits as “customers.”

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Biden Administration Has Withdrawn Trump-Era Move to Rescind Work Authorization for H-4 Spouses

The Biden administration has withdrawn a Trump-era regulation that would have rescinded work authorization for H-4 visa holders. On January 25, 2021, the Office of Information and Regulatory Affairs (OIRA), which is under the Office of Management and Budget (OMB), withdrew the proposed regulation titled, "Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization.” Although the Trump administration had announced they would seek to remove the H-4 work authorization, they were not able to complete the process. Since according to a 2018 report by Congressional Research Service (CRS), ninety-three per cent of approved applications for H-4 employment authorization were issued to Indian nationals, this move especially welcomed by the Indian immigrant community.

President Biden Reinforces the UK and European Travel Restrictions (and Adds South Africa)

On January 25, 2021, President Joseph Biden issued a proclamation to reinstate the Brazil, United Kingdom, Ireland, and Schengen Area travel restrictions that were set to be rescinded on January 26, 2021. Additionally, President Biden added South Africa as a country from which travel to the US is restricted because of the COVID-19 variant in that country, while Iran (Proclamation 9992) and China (Proclamation 9984) remain from previous proclamations.

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