News

U.S. Citizenship and Immigration Services announced it is giving applicants and petitioners additional time to respond to certain notices and requests.

President Trump’s administration announced a proclamation effective June 1, 2020 suspending the entry of non-immigrants of certain students and researchers entering the United States from the People’s Republic of China. This measure was implemented according to the proclamation as a way to limit the “PRC’s acquisition of sensitive United States technologies and intellectual property to modernize its military.”

In a major 5-4 decision, the U.S. Supreme Court held on June 18, 2020 that administrative officials unlawfully ended a 2012 federal protection that provided temporary legal status for immigrants illegally brought into the United States as children also known as the Deferred Action for Childhood Arrivals or DACA.

During these uncertain times surrounding the COVID-19 pandemic, many clients are finding themselves in seemingly impossible scenarios. For instance, when pending H-1B petitions are denied after the I-94 has already expired, H-1B beneficiaries are left with few available options.  The H-1B petition cannot be re-filed since the I-94 is expired, but a cap exempt case for consular processing isn’t a great option either since premium processing is not available and current travel restrictions and consulate closures mean visa stamping isn’t possible. While a Motion to Reconsider (MTR) can be filed, MTRs don’t provide status or work authorization and take 8-12 months on average for a decision. Even then, approval isn’t guaranteed or even likely. This effectively means H-1B beneficiaries are stuck in the U.S. unable to travel out, but without valid immigration status meaning they could suffer long term immigration consequences down the road. We know these are stressful times – ILBSG is here to help.

President Donald Trump signed an Executive Order on April 22, 2020 prompting U.S. Consulates abroad from issuing Immigrant Visas to applicants outside the US for 60 days.

The Department of Homeland Security (DHS) recognized the implications on nonimmigrants whose statuses are at risk of expiration and may face challenges to returning to their home countries as a result of the coronavirus pandemic (COVID-19). On April 13, 2020, USCIS released an article discussing the options nonimmigrants have under current regulations. USCIS detailed a number of options available for nonimmigrants who are unable to return to their home countries because of this pandemic.

USCIS is not accepting requests from individuals who have never before been granted deferred action under DACA. Due to federal court orders on Jan. 9, 2018 and Feb. 13, 2018, USCIS has resumed accepting requests to renew a grant of deferred action under DACA. The scope of the Feb. 13 preliminary injunction issued in the Eastern District of New York is the same as the Jan. 9 preliminary injunction issued in the Northern District of California. Unless otherwise provided in this guidance, the DACA policy will be operated on the terms in place before it was rescinded on Sept. 5, 2017, until further notice.