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USCIS released a statement today May 13, 2021, regarding the suspension of in-person biometrics for applicants requesting an extension of status (EOS) or change of status (COS) to H4, L2, and E nonimmigrant status. This temporary suspension will apply to applicants filing Form I-539 requesting EOS OR COS for specific situations.

This will have a significant impact on the processing of H4, H4 EAD, and L2 cases. It will provide sufficient time for USCIS to address the processing delays that have been exacerbated by limited ASC capacity due to COVID-19 health and safety protocols.

On May 11, 2021, FBI agents were at a Hindu Temple in New Jersey that was built under the organization of Bochasanwasi Akshar Purushottam Swaminarayan Sanstha (BAPS). There is a lawsuit filed against BAPS for human trafficking and wage law violations. The workers came to New Jersey under R-1 visas, but there were later claims of workers being severely underpaid and of being monitored, where they were told they were not allowed to leave. Last month, the New Jersey Department of Labor and Workforce Development issued a stop-work order against a construction company, one of whose projects was the BAPS temple in New Jersey.

There are many questions around National Interest Exceptions. In this article, we answer some of the FAQs we receive as well as some questions we anticipate. We cover the likelihood of approval, validity length, and give readers the process to follow to determine if you are eligible for National Interest Exceptions and what is required.

Consistent with the Executive Order 14012, Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans, and additional administration priorities to reduce barriers and undue burdens in the immigration system, the Department of Homeland Security has withdrawn the biometrics rule that was proposed on September 11, 2020. 

This proposed rule, among other things, would have significantly expanded department authorities and requirements for collecting biometrics; codified the authority to use DNA test results; and authorized the use of additional types of biometric modalities.

Beginning May 17, 2021, USCIS will suspend the biometrics requirement for certain I-539 applications till May 23, 2022. The biometrics suspension will apply to H-4, L-2, E-1, E-2, and E-3 categories.

If you have a pending application with USCIS for one of these categories on May 17, 2021 and have not received a biometrics notice, you will not receive a biometric services appointment notice.

Effective today, the U.S. has imposed travel restrictions on nonimmigrants traveling from India. The travel suspension does not apply to U.S. Citizens, Lawful Permanent Residents, or their spouses. Parents of U.S. Citizen children or Lawful Permanent Resident children are similarly exempted from the suspension, as long as the children are unmarried and under the age of 21. There are some other exemptions, including those for humanitarian effort workers, foreign students enrolling in Fall 2021 programs, educators, and journalists. This article, however, will specifically address considerations for those who currently hold or seek to hold H-1B status.

Since the travel suspension will continue until formally lifted by the U.S., this guidance should be carefully reviewed and taken into consideration for all H-1B employees or those seeking to change status to H-1B. At this time, there is no estimated end date for the travel suspension, since it will be based on the Covid-19 numbers and infection rate in India.

Last week, President Biden announced travel restrictions for individuals traveling to the United States from India. The restrictions are a response to the rapid expansion of infections of COVID-19 and its variants. India recently reported over 200,000 new cases on a daily basis with 3,000 deaths. The US is sending aid as quickly as possible, in the form of vaccinations and medical supplies. However, if you are planning on traveling to or from India, the restrictions affect you immediately. This is what you need to know.

A lawsuit was filed on behalf of seven U.S. employers who saw some of their H-1B petitions rejected. The basis of the lawsuit claims the petitions were unlawfully rejected by U.S. Citizenship and Immigration Services (USCIS). The ‘arbitrary and capricious refusal of the petitions is subject to the annual cap on H-1B numbers that were allocated in full.

Seemingly, USCIS rejected some H-1B petitions filed after October 1 because the worker’s intended employment data started after October 1. This left employers in a difficult position. They could either backdate the intended employment start date or risk denial if the employee did not enter the position exactly on October 1.

In Biden’s address to a joint session of Congress, the President told Congress to pass the Immigration Reform Act of 2021. He stated if they won’t pass the Act as a whole, at minimum, the smaller bipartisan bills that Congress agrees on should be passed.

The Immigration Reform Act of 2021 proposes many updates to the U.S. immigration system, including updated visa caps, a program that supports foreign workers to work in understaffed areas, and paths to citizenship for millions of undocumented immigrants. Included in those proposed programs are an expedited three-year path to naturalization for immigrants with temporary protected status and adults who originally came to the U.S. as undocumented individuals as children.

U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP) announced incoming international students on F and M student visas may engage in distance learning for the upcoming academic year 2021-2022. This guidance will continue to be in effect until COVID-related concerns for public health continue. This guidance is a continuation of the one issued in March 2020. The March 2020 guidance allowed active F and M students to temporarily count online classes toward a full course of study. Previously, regulation allowed these students to take only one (three-credit) class virtually to be counted toward their full course of study requirement.