News

U.S. Immigration and Customs Enforcement (ICE) recently withdrew a Notice of Proposed Rulemaking (NPRM) regarding the duration of status for F, J, and certain I Visa holders. These are visas for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media.

The NPRM sought to eliminate the duration of status for certain visa holders and create a fixed time status. Under the proposed rule, nonimmigrants hoping to stay in the U.S. beyond their fixed admission allowance would be required to apply for an extension with U.S. Citizenship and Immigration Services (USSCIS). The other option was to leave the U.S. and apply for admission again with the U.S. Customs and Border Protection agency at their port of entry.

The process for a foreign national to obtain a lawful permeant resident (green card) status through an employment-based category can potentially take years. This is especially true for individuals who are nationals of India and China since there is a higher demand for immigrant visas from nationals of these countries. The wait for one’s priority date to become current is grueling. Therefore, as we are seeing advancements in the priority dates becoming current, the last thing an applicant wants to encounter is a delay in filing his or her Adjustment of Status Application (I-485) because of missing required documents. We are giving some guidance below to those who are anticipating their priority dates to become current in the upcoming months so when you are ready to file, there is no delay.

Major legislation was reintroduced by some members of the Committee on Homeland Security. The goal of the legislation is to prevent the DHS from being used for political motivation. From the DHS Press Release, ‘The DHS Reform Act of 2021 (H.R.4357) will reform DHS to bolster accountability and transparency to the American people and ensure that it is able to address its wide range of missions.’

The U.S. Justice Department cleared the way for the return of unionization for U.S. immigration judges. The group lost their authority during the final months of the previous administration.

With over 1.3 million immigration cases in backlog, the courts will play an integral part in the renewal of a system that isn’t processing cases efficiently. In addition, recent trends show an increase in individuals seeking asylum in the U.S. These claims often take years to resolve.

The U.S. Citizenship and Immigration Service announced they will accept resubmitted H-1B cap-subject petitions in some cases. Only those petitions previously rejected or administratively closed due to a requested start date after Oct. 1, 2020, are included.

The Biden administration and the American Civil Liberties Union (ACLU) asked the Ninth Circuit to stay and refer to mediation a suit to end deportation relief. Hundreds of thousands of people could be affected. The lawsuit concerns the fate of hundreds of thousands of people who hold Temporary Protective Status (TPS). TPS is an immigration protection program that prevents the U.S. from deporting individuals to designated countries in crisis. TPS holders also receive work permits.

The US Chambers of Commerce is enacting a massive effort to support business. There is an acute shortage of skilled and professional workers in the US. As such, doubling the H-1B visa quota and eliminating the per-country quota for Green Card holders are being pursued by the Chambers. A worker shortage is holding back companies across the US. It also seeks to expand access to H-2A agricultural worker visas for non-seasonal agricultural businesses to ensure the future success of these businesses.

An asylum bid from an Indian widow was revived by the Ninth Circuit. The widow stated her personal circumstances have changed and that the rules cannot be ‘rigidly’ applied. A three-panel judge from the Ninth Circuit unanimously found that the Board of Immigration Appeals (BIA) was not accurate in their initial finding. The panel stated the issues the widow faces constitute a material change in personal circumstances, not country circumstances.

USCIS issued a policy update for U-Visa Petitioners. The policy better protects victims of crime. The new update introduces a new employment authorization process for qualifying U-visa holders as well. This new update will allow U visa petitioners to work and provide for their family and themselves while they remain safely in the United States. It also provides valuable support to law enforcement to detect, investigate, or prosecute the serious crimes individuals have survived or witnessed.

U.S. Citizenship and Immigration Services (USCIS) announced filing flexibilities to provide relief to certain petitioners and applicants affected by the long delays seen at the USCIS lockbox. These flexibilities only apply to benefit requests submitted to the Chicago, Phoenix, and Lewisville USCIS Lockbox. These flexibilities do not apply to cases filed at USCIS service centers or field offices.