USCIS Will Allow Resubmission of Certain FY 2021 H-1B Petitions Rejected or Closed Due to Start Date

On June 23, 2021, U.S. Citizenship and Immigration Services (USCIS) announced it will be accepting resubmitted fiscal year (FY) 2021 H-1B cap-subject petitions that were rejected or administratively closed by the service on the basis that the requested start date was after Oct. 1, 2020.

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US Citizens Abroad May Return to the US on Expired Passports through December 31, 2021

In an effort to alleviate travel related difficulties and the lengthy appointment backlogs created by the global COVID-19 pandemic at US Embassies and Consulates worldwide, the State Department in conjunction with the Department of Homeland Security announced that “U.S. citizens currently overseas whose passports expired on or after January 1, 2020, may be able to use their expired U.S. passport for direct return travel to the United States until December 31, 2021.” The State Department’s new exception for expired passports applies to adults, whose documents are valid for 10 years, and to children, whose passports expire after 5 years.

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AILA files Lawsuit Challenging H-1B Wage-Based Selection Process

On Monday, May 17, 2021 under the representation of the American Immigration Lawyers Association (AILA), five nonprofit organizations and businesses filed a lawsuit against President Joe Biden’s administration challenging the move from an H-1B lottery system to a wage-based selection process.

The suit addresses the implementation of a Trump administration regulation that replaced the H-1B random, computerized H-1B lottery with a system that allocates H-1B visa numbers according to the Department of Labor’s four-level wage system. The final rule which was made effective as of March 9, 2021, and later delayed by the Biden administration to December 31, 2021, gives priority in the H-1B selection process to foreign nationals whose offered salary falls within the highest level of their occupation, continuing on to select cases in descending order from OES wage levels III, II and I.

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DHS Announces Continuation of International Entrepreneur Parole Program

The Department of Homeland Security (DHS) announced on May 10, 2021 that they are withdrawing a Trump-era 2018 notice of proposed rulemaking that would have removed the International Entrepreneur (IE) Parole Program from DHS regulations. This move by the DHS is yet another pro-immigration decision resulting from President Biden’s Executive Order 14012, “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans,” which directs the federal government to “develop welcoming strategies that promote integration, inclusion, and citizenship.”

The International Entrepreneur Parole Program (IE), created by the Obama administration in 2017 and suspended by the Trump administration just before the first eligible entrepreneurs could begin to submit applications, is meant help International entrepreneurs stay in the US to start and grow new companies. While the Trump administration tried to terminate the program, a federal court required US Citizenship & Immigration Services (USCIS) in 2017 to begin accepting international entrepreneur parole applications consistent with the IE final rule. Since that time, USCIS has been accepting and adjudicating applications consistent with existing DHS regulations.

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