On April 27, 2021, US Citizenship & Immigration Services (USCIS) issued updated guidance in the USCIS Policy Manual effective immediately instructing officers to once again give deference to prior determinations when adjudicating extension of petition validity requests “involving the same parties and facts unless there was a material error, material change, or new material facts.” In doing so, “USCIS is reverting in substance to previous long-standing guidance issued in 2004”, which had been rescinded in 2017.
Read moreUSCIS Announces Form I-765 Can Now Be Filed Online by F-1 Students Seeking Optional Practical Training
On April 12, 2021, US Citizenship & Immigration Services (USCIS) announced that F-1 students seeking optional practical training (OPT) can now file Form I-765, Application for Employment Authorization, online as long as they are filing under one of these categories:
(c)(3)(A) – Pre-Completion OPT;
(c)(3)(B) – Post-Completion OPT; and
(c)(3)(C) – 24-Month Extension of OPT for science, technology, engineering and mathematics (STEM) students.
President Biden Lets Trump’s Suspension of Certain Work Visas Including H-1B’s Expire
President Biden has let former President Trump’s Presidential Proclamation 10052, which temporarily suspended the entry of certain H-1B, H-2B, J (for certain categories within the Exchange Visitor Program), and L nonimmigrants, expire on March 31, 2021. In their announcement regarding the expiration of PP 10052, the Department of State (DOS) noted that “visa applicants who have not yet been interviewed or scheduled for an interview will have their applications prioritized and processed in accordance with existing Visa Services Operating Status Update guidance.”
Read moreThe Musical Brain on the High Line
In New York City, you never know when or where Art might happen. From now until March 2022, you can take a stroll along the High Line and encounter “The Musical Brain.” The group exhibition, named for a short story by Argentine writer César Aria, reflects on the theme of the power that music has to bring people together. For his contribution, Brooklyn-based artist Raúl de Nieves has created colorful figures placed on park benches throughout the High Line to honor the magical and intricate stage costumes that musicians wear. To me, they are reminiscent of some of David Bowie’s magnificent costumes. Can you hear me, Major Tom?
H-1B Initial Electronic Registration Selection Process Completed for FY 2022 Cap
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 more
Donec id justo non metus auctor commodo ut quis enim. Mauris fringilla dolor vel condimentum imperdiet.