On March 30, 2021, USCIS announced that they have received enough H-1B electronic registrations during the initial registration period to reach the fiscal year (FY) 2022 H-1B numerical allocations including for the advanced degree master’s cap exemption. The agency randomly selected from registrations properly submitted to reach the H-1B cap, and they have notified all prospective petitioners with selected registrations that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.
Read moreUSCIS May Reopen and/or Reconsider H-1B Petitions Denied Under Rescinded Memos
On March 12, 2021, US Citizenship & Immigration Services (USCIS) stated that the agency may “reopen and/or reconsider adverse decisions on Form I-129” based on three rescinded policy memos. USCIS notes the agency generally uses “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or labor condition application, whichever is earlier, and the decision was based on one or more policies in the rescinded H-1B memoranda below.”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 moreUSCIS Extends Flexibility for Responding to Agency Requests
In response to the ongoing coronavirus (COVID-19) pandemic, US Citizenship & Immigration Services (USCIS) is yet again extending the flexibilities it originally announced on March 30, 2020, to assist applicants, petitioners, and requestors who are responding to:
Requests for Evidence;
Continuations to Request Evidence (N-14);
Notices of Intent to Deny;
Notices of Intent to Revoke;
Notices of Intent to Rescind;
Notices of Intent to Terminate regional centers;
Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant;
Spring Is Almost Here
Despite the seemingly endless cold winter weather (with a few warm days here and there), the official start of spring is just around the corner. Don’t believe us? Check out these lovely flowers and this blue sky near Buckingham Palace in London. You’re looking great, flowers. And blue sky, don’t go away. After this long winter we need you. Yes, we are talking to flowers and the sky. That’s how long this winter has been. Welcome, springtime!
US Government Will Not Defend 2019 Public Charge Rule And Will No Longer Require Form I-944
On March 9, 2021, Alejandro N. Mayorkas, the Secretary of the Department of Homeland Security (DHS), announced that the US government consistent with Executive Order 14012 will no longer defend the 2019 Public Charge Final Rule since “doing so is neither in the public interest nor an efficient use of limited government resources.” In a press release, Secretary Mayorkas said: “The 2019 public charge rule was not in keeping with our nation’s values. It penalized those who access health benefits and other government services available to them. He added: “Consistent with the President’s vision, we will continue to implement reforms that improve our legal immigration system.”
Read moreDHS Designates Venezuela for Temporary Protected Status (TPS) for 18 Months
On March 8, 2021, the Department of Homeland Security (DHS) announced they were designating Venezuela for Temporary Protected Status (TPS) for eighteen months, effective March 9, 2021, through September 9, 2022. Secretary of Homeland Security Alejandro N. Mayorkas noted in a press release: “The living conditions in Venezuela reveal a country in turmoil, unable to protect its own citizens. It is in times of extraordinary and temporary circumstances like these that the United States steps forward to support eligible Venezuelan nationals already present here, while their home country seeks to right itself out of the current crises.”
Read morePresident Biden Signs Executive Order That Revokes Trump’s “Buy American and Hire American” Order
On January 25, 2021, President Biden issued an executive order titled “Ensuring the Future Is Made in All of America by All of America’s Workers” that requires when possible the US government to “procure goods, products, materials, and services from sources that will help American businesses compete in strategic industries and help America’s workers thrive.” Additionally, President Biden’s order revokes former President Trump’s April 18, 2017 “Buy American and Hire American” (BAHA) executive order that required various governmental agencies to propose new rules and guidance in regards to the US immigration system that would “protect the interests” of American workers.
Read morePresident 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).
Read moreH-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.
Read moreUSCIS 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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