State Department Published Final Rule Allowing Certain Passport Renewal Applicants to Apply Online
The U.S. State Department published a final rule allowing passport renewal applicants who were previously eligible to apply by mail the additional option to apply online now. This rule became effective on December 23, 2021.
Link: https://www.govinfo.gov/content/pkg/FR-2021-12-22/pdf/2021-27404.pdf
CBP Extends Temporary Ability of U.S. Citizens to Travel with Expired Passports through March 31, 2022
U.S. Customs and Border Protection announced that the previous temporary policy of allowing U.S. citizens to travel on their expired U.S. passports has been extended until March 31, 2022. Please note that the passports affected are only those documents that expired on or after January 1, 2020.
Travel Restrictions on US/Mexico/Canada Border Lifted by CBP
On December 23, 2021, U.S. Customs and Border Protection published notices that announced the lifting of temporary restrictions that applied to non-essential travel by fully vaccinated travelers seeking to enter the U.S. via land ports and ferry service from Canada and Mexico. The lifting of these temporary restrictions had previously gone into effect on November 8, 2021.
Links: Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021; Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021
Waivers of the Interview Requirement for Certain Nonimmigrant Visas
The Secretary of State authorized consular officers to waive the requirement of an in-person interview for certain temporary employment nonimmigrant visa applications whose petitions have been approved by USCIS. This applies to temporary workers applying for H-1, H-3, H-4, L, O, P, and Q visas who meet certain conditions. These conditions include that they be applying for a visa in their country of nationality or residence.
Consular officers now have the discretion to waive the in-person interview for individual petition-based H-1, H-3, H-4, L, O, P, and Q applicants who were previously issued any type of visa, and who have never been refused a visa (unless a refusal was overcome or waived), and who do not appear to have any ineligibility or potential ineligibility. They may also, in their discretion, waive the visa interviews for first-time individual petition-based H-1, H-3, H-4, L, O, P, and Q visas who are citizens or nationals of a country that participates in the Visa Waiver Program, as long as they have no apparent ineligibility or potential ineligibility and they have previously traveled to the U.S. using an authorization obtained via the Electronic System for Travel Authorization (ESTA).
Omicron Travel Bans on Southern Africa Lifted on 12/31/21
President Biden revoked Presidential Proclamation 10315 as of December 31, 2021, rescinding the travel restrictions previously imposed on Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, and Zimbabwe.
DHS Extends Flexibility in Requirements Related to Form I-9 Compliance until April 30, 2022
ICE has extended the flexibility in rules related to Form I-9 compliance during the COVID-19 pandemic until April 30, 2022. This will continue to apply to employees hired on or after April 1, 2021, who work exclusively in a remote setting due to COVID-19-related precautions.
Link: https://www.ice.gov/news/releases/ice-announces-extension-i-9-compliance-flexibility-3
USCIS Extends Flexibility for Responding to Agency Requests until March 26, 2022
On December 30, 2021, USCIS extended the flexibilities it announced on March 30, 2022, to allow applicants, petitioners, and requestors responding to certain agency requests through March 26, 2022. This means that USCIS will consider a response received within 60 calendar days after the due date set forth in the requests or notices before taking any action, as long as the request or notice was issued anytime between March 1, 2020, and March 26, 2022. This applies to:
Requests For Evidence;
Continuation to Request Evidence (N-14);
Notice of Intent to Deny;
Notice of Intent to Revoke;
Notice of Intent to Rescind;
Notice of Intent to Terminate Regional centers; and
Motion to Reopen an N-400 Pursuant to 8 CFR 333.5, Receipt of Derogatory Information After Grant.
USCIS will also consider a Form I-290B, Notice of Appeal or Motion, or a Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings, if the form was filed up to 90 calendar days from the issuance of a decision the service made; and that decision was made between November 1, 2021, and March 26, 2022. Please note that this is longer than the previously announced flexibility of 60 calendar days in these circumstances.
Link: https://www.uscis.gov/about-us/uscis-response-to-covid-19 (“Deadlines for Certain Requests, Notices, and Appeals”)
New USCIS Policy Authorizes Expedited Processing of Employment Authorization Documents (EADs) for Healthcare Workers
USCIS announced that healthcare workers with pending Employment Authorization Document (EAD) renewal applications whose EADs will expire in 30 days or less (or has already expired), can request expedited processing of their EAD application.
Link: https://www.cisa.gov/sites/default/files/publications/essential_critical_infrastructure_workforce-guidance_v4.1_508.pdf (“Healthcare/Public Health section, pages 7-9)
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 December 2021, USCIS has indicated that for Employment-Based immigration, the “Dates for Filing” 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]. USCIS has also indicated that it will not accept any new employment-based fifth preference adjustment of status applications based on the Regional Center Program until that program is reauthorized.
In December, 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 December.
The EB-2 and EB-3 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 December filing chart for India and China did not change the November Visa Bulletin but improved in the EB-2 category by a few months for both countries. The complete Visa Bulletin, including priority dates for family-based immigrant applications, can be found on the Department of State website.
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).
USCIS Conducts Third Random Selection from Previously Submitted FY 2022 H-1B Cap Registrations
On November 19, 2021, USCIS announced that it had conducted a third random selection of previously submitted FY2022 H-1B Cap registrations in order to meet the numerical allocations for this fiscal year. The filing period for the selected registrations began on November 22, 2021 and will close on February 23, 2022. Individuals with selected registrations will have their myUSCIS accounts updated to include a selection notice, which includes details about when and where to file.
The initial selection of registrations for this fiscal year took place in March 2021, and those selected were able to file between April 1, 2021 through June 30, 2021. The second selection took place in July 2021, and those selected were able to file through November 3, 2021.
An H-1B cap-subject petition must be properly filed at the correct service center and within the filing period indicated on the relevant registration selection notice. Online filing is not available for H-1B petitions. Petitioners filing H-1B petitions must do so by paper and must include a printed copy of the applicable registration selection notice with the FY 2022 H-1B cap-subject petition.
If you or your employee was selected in the lottery and you require assistance preparing the H-1B petition, please contact an at Iandoli, Desai & Cronin (info@iandoli.com).