USCIS Extends Flexibility for Responding to Agency Requests through January 15, 2022
USCIS announced that it will be extending the flexibilities it implemented 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; and Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.
In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion, or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if the form was filed up to 60 calendar days from the issuance of a decision USCIS made; and USCIS made that decision anytime from March 1, 2020, through Jan. 15, 2022.
With respect to Notice/Request/Decision Issuance Date this flexibility applies to the above documents if the issuance date listed on the request, notice or decision is between March 1, 2020, and Jan. 15, 2022, inclusive.
With respect to due dates, USCIS will consider a response to the above requests and notices received within 60 calendar days after the response due date set in the request or notice before taking any action. Additionally, they will consider a Form N-336 or Form I-290B received up to 60 calendar days from the date of the decision before they take any action.
For more information, please visit: uscis.gov/coronavirus
USCIS Policy Manual Eliminates Reference to Department of State “90 Day Rule” in Findings of Fraud and Material Misrepresentation
Earlier this summer, USCIS made a technical update to the USCIS Policy Manual in which it eliminated all reference to the Department of State’s (DOS) “90 Day Rule.” The American Immigration Lawyers Association USCIS HQ (Benefits Policy) Liaison Committee has also created a useful Practice Pointer to help practitioners identify the differences between DOS policy and USCIS policy now and to explain some of the history of USCIS’ interpretation of this rule in the context of findings of fraud and material misrepresentation. For those with access to AILA documents, that practice pointer can be found at AILA Doc. No. 21092013.
For more information, please visit: https://www.uscis.gov/policy-manual/updates
IDC is Hiring!
The Iandoli, Desai & Cronin team is seeking an experienced employment-based immigration paralegal. Please see the job posting for more information: Careers — Iandoli Desai & Cronin P.C.
Please forward the information to any potential candidates within your networks and invite them to apply if you believe they might be a good fit.
September 2021 Visa Bulletin
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 September 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 September, 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 September.
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.
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).
ICE Extends I-9 Flexibility
On August 31, 2021, U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibilities in rules related to Form I-9 compliance that was initially granted last year. Due to the continued precautions related to COVID-19, the Department of Homeland Security (DHS) will extend this policy until Dec. 31, 2021.
This extension will continue to apply the guidance previously issued for employees hired on or after April 1, 2021, and work exclusively in a remote setting due to COVID-19-related precautions. Those employees are temporarily exempt from the physical inspection requirements associated with the Employment Eligibility Verification (Form I-9) until they undertake non-remote employment on a regular, consistent, or predictable basis, or the extension of the flexibilities related to such requirements is terminated, whichever is earlier.
On March 20, 2020, due to precautions implemented by employers and employees associated with COVID-19, DHS announced that it would exercise prosecutorial discretion to defer the physical presence requirements associated with the Employment Eligibility Verification (Form I-9) under section 274A of the Immigration and Nationality Act. This policy only applies to employers and workplaces that are operating remotely. If there are employees physically present at a work location, no exceptions are being implemented at this time for in-person verification of identity and employment eligibility documentation for Form I-9, Employment Eligibility Verification.
Updates to these policies will be provided via the DHS and ICE websites
USCIS Releases Podcast on Tips for E-Verify and I-9 News
USCIS has released an Equifax Workforce Wise podcast interview with Tammy Meckley, Associate Director, U.S. Citizenship and Immigration Services, Immigration Records and Identity Services Directorate with the Department of Homeland Security. The two-part interactive session includes an overview of E-Verify and a series of questions pertaining to current and future plans for the program. Ms. Meckley explains key aspects of E-Verify and why so many employers are confidently using E-Verify to confirm the employment eligibility of their employees.
Both parts of this interview can be accessed here.
USCIS 60-Day Notice and Request for Comments on Proposed New Form I-129 for Separate Nonimmigrant Classifications
USCIS has announced that Form I-129, Petition for Nonimmigrant Worker will be separated into several individual forms and has issued a 60-day Notice and Request for Comments on the proposed forms. These new forms will combine information from the main Form I-129 with information from the current Supplements to create unique forms tailored to specific nonimmigrant classifications. This is intended to consolidate and simplify the information collection requirements for respondents. The proposed forms are as follows:
Form I-129H1 will collect information for the H-1B and H-1B1 programs.
Form I-129E&TN will collect information for the E and the TN programs.
Form I-129L will collect information for the L nonimmigrant program.
Form I-129MISC will collect information for H-3, P, Q, or R classifications.
Form I-129O will collect information for the O nonimmigrant program.
CBP announced continuation of temporary travel restrictions between Canada and the U.S.
Customs and Border Patrol (CBP) and the Department of Homeland Security (DHS) have announced that land border restrictions on non-essential travel between Canada and the U.S. will remain in place through September 21, 2021.
The following are considered “essential travel”:
Citizens and lawful permanent residents returning to the United States.
Individuals traveling for medical purposes (e.g., to receive medical treatment in the United States).
Individuals traveling to attend educational institutions.
Individuals traveling to work in the United States (e.g., individuals working in the agriculture industry who must travel between the United States and Canada or Mexico in furtherance of such work).
Individuals traveling for emergency response and public health purposes (e.g., government officials or emergency responders entering the United States to support federal, state, local, tribal, or territorial government efforts to respond to COVID-19 or other emergencies).
Individuals engaged in lawful cross-border trade (e.g., truck drivers supporting the movement of cargo between the United States and Canada and Mexico).
Individuals engaged in official government travel or diplomatic travel.
Individuals engaged in military-related travel or operations.
Travel for tourism purposes (sightseeing, recreation, gambling, or attending cultural events) is not considered “essential” and is restricted at this time.
Visitors (including applicants, interpreters, and attorneys) will not be permitted to enter USCIS facilities if they have traveled by certain means in the last 10 days
The USCIS website has been updated to indicate that you may not enter a USCIS facility if you “[h]ave returned from domestic air, international air or cruise ship travel in the past 10 days (unless you are fully vaccinated).” This would apply to applicants and their attorneys and interpreters as well. Specifically, visitors will not be allowed to enter the USCIS office if they:
Have COVID-19 or any symptoms of COVID-19 according to the CDC, including, but not limited to, a recently developed cough, fever, difficulty breathing, new loss of smell or taste, fatigue, muscle aches, headache, congestion, sore throat, or vomiting;
Have been in close contact (within 6 feet for a total of 15 minutes or more) with anyone known to have COVID-19 in the past 14 days (unless you are fully vaccinated or if you are a health care worker and consistently wear an N95 respirator and proper personal protective equipment (PPE) or equivalent when in contact with COVID-19 positive individuals);
Have returned from domestic air, international air, or cruise ship travel in the past 10 days (unless you are fully vaccinated);
Have been instructed by a health care provider, public health authority, or government entity to self-isolate or self-quarantine in the past 14 days; or
Refuse to wear a face covering or mask in accordance with USCIS policy.
CDC Updates Requirements for Immigrant Medical Examinations to Add COVID Vaccination Requirement
According to a recent update from the Center for Disease Control and Prevention (CDC) regarding the criteria for required vaccinations, the COVID-19 vaccine will now be required for all immigration applicants (with in order to complete the required medical exam. The CDC has new vaccination criteria to help decide which vaccines should be required as part of the immigration process. CDC will use these criteria at regular periods, as needed, for vaccines recommended by the Advisory Committee on Immunization Practices (ACIP) for the general U.S. public. This will determine which vaccines will be required for U.S. immigration.
The criteria are:
The vaccine must be age-appropriate for the immigrant applicant
The vaccine must protect against a disease that has the potential to cause an outbreak.
The vaccine must protect against a disease that has been eliminated or is in the process of being eliminated in the United States.
The only exceptions to this are if a vaccine is not medically advised for an immigrant applicant or if the immigrant applicant can show proof of prior vaccination.