USCIS to Suspend Biometrics Requirement for Certain I-539 Applicants Beginning May 17, 2021
It is being reported that due to ongoing litigation (Edakunni et al v. Mayorkas, 2:21-cv-00393-RAJ (W.D. Wash.)) U.S. Citizenship and Immigration Services (USCIS) will be suspending biometrics on some EAD applications for the next 2 years …. We are waiting for a formal announcement from USCIS and will keep you posted as developments occur and how this affects any cases in process and to be filed.
Biden Administration Bans Most Travel from India to Limit the Spread of COVID-19
On April 30, 2021, President Biden issued an Executive Order banning the entry of nonimmigrants and non-U.S. citizens who were physically present in India during the 14-day period preceding their entry or attempted entry into the United States. This proclamation is effective May 4, 2021 and will remain in effect until it is terminated by the President. This proclamation does not apply to:
o U.S. citizens or lawful permanent residents
o Noncitizen nationals of the U.S.
o Noncitizen spouses of U.S. citizens
o Noncitizen parents or legal guardians of an unmarried U.S. citizen or lawful permanent resident under the age of 21
o Noncitizen sibling of a U.S. citizen or lawful permanent resident, provided that the U.S. citizen or lawful permanent resident is under the age of 21.
o Any noncitizen whose entry would be in the national interest, as determined by the Secretary of State, Secretary of Homeland Security, or their designees.
o For a full list of exceptions, please refer to the Executive Order.
Please contact Iandoli, Desai, and Cronin P.C. (info@iandoli.com) to schedule a consultation if you have questions about India-related travel.
IDC News
Announcement - Iandoli Desai & Cronin P.C. is very pleased to announce that Mary E. Walsh has become a Shareholder. Mary will continue to represent immigrant families as well as colleges, universities, medical facilities, other businesses and their international employees and families. Mary has practiced U.S. immigration law for 14 years and is currently the co-chair of the BBA’s Immigration Committee.
Visa Bulletin Updates
Each month, the U.S. Department of State (DOS) publishes the Visa Bulletin, listing all "preference" categories and states whether or not a backlog exists for each one. In addition, the categories are folded into two charts: “Final Action” chart and a “Dates for Filing” chart for Family-Based immigration and Employment-Based immigration.
For April 2021, USCIS has indicated that for Employment-Based immigration, the “Final Action” chart should be used in establishing eligibility to file the I-485 Adjustment of Status petitions. This means that those who filed an Immigrant Petition [Form I-140] on or before the date given in the Visa Bulletin may file an application for permanent resident status [Form I-485].
In April, the EB-1 preference category on the Final Action Chart for all countries including China and India will be “current.” This means the I-485 applications may be filed immediately with the Form I-140. Also, any otherwise qualified national of China or India with an approved EB-1 I-140 may file the I-485 in April.
The EB-2 preference category remains “current” for all countries other than China and India which means that individuals in these categories may immediately file I-485 applications. China and India remain backlogged on both the Final Action and Dates for Filing Charts.
The EB-3 preference category is also “current” for all countries other than China and India which means that individuals in these categories may also immediately file Form I-485 applications. China and India remain backlogged on both the Final Action and Dates for Filing Charts.
The Visa Bulletin for May 2021 has not yet been released.
If you have questions about planning, please feel free to reach out and schedule a consultation with one of the attorneys at Iandoli, Desai & Cronin (info@iandoli.com).
DHS announces continued flexibility in requirements related to Form I-9 compliance
On April 1, 2021, the Department of Homeland Security (DHS) announced an extension to the agency’s March 20, 2020 announcement regarding flexibilities in I-9 form completion while employees are operating with COVID-19 precautions in place. These flexibilities, which were set to expire on March 31, 2021, have now been extended through May 30, 2021. According to these announcements, employees are currently only required to physically inspect Form I-9 identity and employment verification documents in person for employees who are working on site on a “…regular, consistent, or predicable basis.” Employees who are working completely remotely due to COVID-19 policies are temporarily exempt from the physical inspection requirements for their I-9 forms under 274A of the INA until they return to working on-site “on a regular, consistent, or predictable basis”, or the DHS flexibilities are terminated, whichever comes first.
Employers may perform in-person inspection of employees’ I-9 documents, “in their discretion” for employees hired on or after DHS’s March 20, 2020 announcement and provided their identification documents “for remote inspection” based on the March 20, 2020 announcement’s guidance.
Further guidance from DHS regarding the completion of I-9 Forms and these flexibilities will be announced as DHS and other agencies monitor the ongoing national emergency.
H-1B Initial Electronic Registration Selection Process Completed
USCIS has announced that the initial H-1B Electronic Registration selection process for FY 2022 Cap Season has been completed. This includes both the H-1B Cap and Master’s Cap.
Those who registered for the selection process will now see one of the following statuses for their registration on their online USCIS accounts for each beneficiary registered:
Submitted: The registration has been submitted and is eligible for selection. If the initial selection process has been completed, this registration remains eligible, unless subsequently invalidated, for selection in any subsequent selections for the fiscal year for which it was submitted.
Selected: Selected to file an H-1B cap petition.
Denied: Multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary. If denied as a duplicate registration, all registrations submitted by or on behalf of the same registrant for this beneficiary for the fiscal year are invalid.
Invalidated-Failed Payment: A registration was submitted but the payment method was declined, not reconciled, or otherwise invalid.
Those with a selected registration may file their H-1B petitions with USCIS starting April 1, 2021. Per USCIS’s announcement, only petitioners with selected registrations may file H-1B cap-subject petitions for FY 2022, and only for the beneficiary named in the applicable selected registration notice. The period for filing these H-1B petitions will be at least 90 days. A printed copy of the selection notice must be submitted with the petition.
Cap-subject H-1B petitions must still establish the petitioner’s and beneficiary’s eligibility for the H-1B visa category at the time the petition is filed and the evidence required by the applicable regulations must still be submitted.
If you registered for the H-1B Electronic Selection Process yourself and would like assistance with the petition now that you have been selected, please contact Iandoli Desai & Cronin (info@iandoli.com) for assistance preparing the H-1B by June 30, 2021.
Student and Exchange Visitor Program (SEVP) reports a 72% drop in new international student enrolment in 2020
The Student and Exchange Visitor Program (SEVP) has released their annual report for 2020, which discusses how the international student population in the United States has decreased amidst the ongoing COVID-19 Pandemic. The report highlights data from the web-based Student and Exchange Visitor Information System (SEVIS), and notes that the number of active records in SEVIS for F-1 and M-1 students decreased by 17.86% between 2019 and 2020. New international student enrolment decreased by 72% between 2019 and 2020. While August and September are typically the months that report the highest international student enrolment, a 91% decrease in new F-1 student enrolment was reported in August 2020, and a 72% decrease in new M-1 students was reported. There was also a 12% decrease in students who applied for Employment Authorization to work during their OPT (Optional Practical Training) program.
The full “SEVIS by the numbers” report can be viewed here.
DOS Provides Update on the Phased Resumption of Routine Visa Services
On April 6th, the Department of State provided the following update on the phased resumption of visa services:
The combined impact of local, national, and international COVID-19 related work and travel restrictions has resulted in a continuing backlog at all embassies and consulates abroad. DOS is working to reduce this backlog while ensuring the safety of staff and applicants.
DOS is prioritizing services provided to U.S. citizens abroad. Immigrant and finance visas, as well as visas for immediate relatives of U.S. citizens and other family-sponsored cases are also being given high priority.
Embassies and consulates that provide nonimmigrant visa services are prioritizing “travelers with urgent needs, foreign diplomats, mission-critical categories of travelers (such as those coming to assist with the U.S. response to the COVID-19 pandemic, and workers who are essential to the American food supply), followed by students, exchange visitors, and some temporary employment visas.”
DOS will continue to provide updates on this situation as they become available.
Biden Administration to Allow Work-Visa Ban to Expire – WSJ
The Biden Administration will not renew the Trump Administration’s pandemic-related work visa ban, which expired on Wednesday, March 31, 2021. This ban impacted applicants for H-1B, H-2B, L-1, and J-1 visas, as well as dependent spouses and children. Despite the expiration of the visa ban itself, COVID-19 related backlogs and understaffing at U.S. consulates and embassies will still cause delays in scheduling appointments and processing applications. Additionally, pandemic-related regional travel bans are still in place for the UK, Ireland, Schengen nations, China, South Africa and Brazil.
DOS Updates on Public Charge guidance for consular officers
Since the 2019 public charge rule has been vacated, the Department of Homeland Security (DHS) has updated its guidance to consular officers on how to proceed in the meantime. According to this new guidance, consular officers are to apply the pre-2019 public charge standard when adjudicating applications. This is consistent with President Biden’s Executive Order (Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans), which includes requiring that DHS and USCIS immediately review all actions related to the implementation of the public charge ground of inadmissibility. If the reviews performed pursuant to this Executive Order result in further policy changes, USCIS and DHS will issue additional guidance updates.
DHS has reinstated Form I-864W, Request for Exemption for Intending Immigrant's Affidavit of Support, which allows certain applicants to seek an exemption from the affidavit of support requirement, including the following applicants:
(1) individuals who have earned or can receive credit for 40 quarters of coverage under the Social Security Act (SSA),
(2) children who will become U.S. citizens upon entry to the United States,
(3) self-petitioning widow(er)s, and
(4) self-petitioning battered spouses and children.
These applicants will be required to submit Form I-864W if seeking an exemption from the affidavit of support requirement. Applicants who request this exemption should include Form I-864W with other supporting documents as part of the immigrant visa application or bring the form to the visa interview appointment with the consular officer. DHS has announced that applicants “are not required to complete, nor should they present, the DS-5540, Public Charge Questionnaire”.