One of the documents required for immigration benefits is Form I-693. Normally, the validity of this form, once filled, is two years. Due to the COVID-19 pandemic, both applicants and USCIS has been experiencing unforeseen delays in obtaining/processing this indispensable form.

As a consequence, USCIS has issued a Policy Alert stipulating that applicants with an expired 1-693 may now benefit from an additional two years extension for the validity of this form. As such, if an applicant has received an RFE (Request for Evidence) from the USCIS because their I-693 had expired after two years, but it is valid under the temporary extension to four years and they meet the requirements, the response needs to cite this policy alert.  

We strongly recommend that you consult the updated instructions for Form I-693 in order to determine that the new rules apply to you.

USCIS announced that the initial registration period for the fiscal year (FY) 2022 H-1B cap will open at noon Eastern on March 9 and run through noon Eastern on March 25. During this period, prospective petitioners and representatives will be able to fill out petitioner and beneficiary information and submit their registrations.

A confirmation number will be assigned to each registration submitted for the FY 2022 H-1B cap. This number is used solely to track registrations; you cannot use this number to track your case status in Case Status Online.

Prospective H-1B cap-subject petitioners or their representatives are required to use a myUSCIS online account to register each beneficiary electronically for the selection process and pay the associated $10 H-1B registration fee for each registration submitted on behalf of each beneficiary. Prospective petitioners submitting their own registrations (U.S. employers and U.S. agents, collectively known as “registrants”) will use a “registrant” account that will be available soon. Representatives may add clients to their accounts at any time, but both representatives and registrants must wait until March 9 to enter beneficiary information and submit the $10 fee. Prospective petitioners or their representatives will be able to submit registrations for multiple beneficiaries in a single online session. Through the account, they will be able to prepare, edit, and store draft registrations prior to final payment and submission of each registration.

If we receive enough registrations by March 25, we will randomly select registrations and send selection notifications via users’ myUSCIS online accounts. We intend to notify account holders by March 31.

An H-1B cap-subject petition may only be filed by a petitioner whose registration for that beneficiary was selected in the H-1B registration process.

We will conduct public engagements and other outreach activities to ensure that representatives and registrants are familiar with the electronic registration process. 

Additional information, step-by-step registration instructions, and helpful videos are available on the H-1B Electronic Registration Process page.

Results Notifications

On March 31, USCIS will begin notifying employers as to which workers were selected in the lottery. For each person chosen in the lottery, USCIS will provide their employer with a selection notice.  If the person is selected in the H-1B lottery, the notice must be printed by the employer and submitted together with the person’s H-1B petition.

A registrant’s USCIS online account will show one of the following statuses for each registration:

• Submitted: The registration has been submitted and is eligible for selection. If the initial selection process has been completed, this registration remains eligible, unless subsequently invalidated, for selection in any subsequent selections for the fiscal year for which it was submitted.

• Selected: Selected to file an H-1B cap petition.

• Not Selected: Not selected – not eligible to file an H-1B cap petition based on this registration.

• Denied: Multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary. If denied as a duplicate registration, all registrations submitted by or on behalf of the same registrant for this beneficiary for the fiscal year are invalid.

• Invalidated-Failed Payment: A registration was submitted but the payment method was declined, not reconciled, or otherwise invalid.

H-1B Selection Process Rule Effective Date Delay

USCIS has also announced that DHS is delaying the effective date of the H-1B Selection Process final rule until Dec. 31, 2021. USCIS will apply the regulations currently in place (random selection) to the initial registration period, and, any subsequent registration period for the FY 2022 registration process that takes place before Dec. 31, 2021.

Additional information is available in the Federal Register notice. 

The title says it all! It is the new Executive order signed today by President Biden, at the White House.

Long awaited and certainly long overdue, this certainly sets a new tone in US immigration policy:

The Federal Government should develop welcoming strategies that promote integration, inclusion, and citizenship, and it should embrace the full participation of the newest Americans in our democracy.

Full text of Executive Order Here

This is actually the third in a series of Orders signed by the President today, aimed at setting US Immigration policy onto a new course, changing the path for the better.

The first order, is the reestablishment of an Interagency Task Force on the Reunification of Families.

“It removes the stain on our reputation for what these separations caused.” – President Biden declared.

The second order is “Executive Order on Creating a Comprehensive Regional Framework to Address the Causes of Migration, to Manage Migration Throughout North and Central America, and to Provide Safe and Orderly Processing of Asylum Seekers at the United States Border”.

It is obvious that there are real changes coming, and many questions will surely arise. As always, we are here to help answer them and provide the best help possible for theparticular needs of our clients. Do not hesitate to contact us no matter what those questions might be. A brief description of your particular situation will help us prepare the answers most appropriate for you. You can send it to us HERE

The signs are promising for our clients!

As the new President is getting sworn in, America’s immigrants have a new hope to a more decisive plan of action for their full integration into the American society. Among the many sweeping reforms President Biden will present, an eight-year path to citizenship for all immigrants will be unveiled, The Times reports.

Under the legislation, those living in the U.S. as of Jan. 1, 2021, without legal status would have a five-year path to temporary legal status, or a green card, if they pass background checks, pay taxes and fulfill other basic requirements. From there, it’s a three-year path to naturalization, if they decide to pursue citizenship.

https://time.com/5930687/us-immigrants-citizenship/

Check back often on our web site for updates on the upcoming news!

Photo credit: “Vice President Joseph Biden 6” by West Point – The U.S. Military Academy is licensed under CC BY-NC-ND 2.0

WASHINGTON — U.S. Citizenship and Immigration Services announced today plans to implement a revised version of the naturalization civics test. The agency first announced plans to revise the civics test in July 2019.

USCIS revised the civics test as part of a decennial update to ensure that it remains an instrument that comprehensively assesses applicants’ knowledge of American history, government and civic values.

The civics test is administered to applicants who apply for U.S. citizenship and is one of the statutory requirements for naturalizing. Applicants who apply for naturalization on or after Dec. 1, 2020, will take the updated version of the test. Those who apply before Dec. 1, 2020, will take the current version of the test.

“USCIS has diligently worked on revising the naturalization test since 2018, relying on input from experts in the field of adult education to ensure that this process is fair and transparent,” said USCIS Deputy Director for Policy Joseph Edlow. “Naturalization allows immigrants to become fully vested members of American society, with the same rights and responsibilities as citizens by birth, and offering a fair test, which prepares naturalization applicants for these responsibilities, is of upmost importance to our agency.”

The revised test includes more questions that test the applicant’s understanding of U.S. history and civics, in line with the statutory requirements, and covers a variety of topics that provide the applicant with more opportunities to learn about the United States as part of the test preparation process. The revised test will not change the passing score, which will remain at 60%. Candidates must answer 12 questions correctly, out of 20 in order to pass.

USCIS will maintain the current guidelines for statutorily established special considerations for applicants who are 65 years old or older and have at least 20 years of lawful permanent resident status. These applicants will be asked 10 questions and must answer a minimum of six questions correctly in order to pass.

The test items and study guides can be found on the Citizenship Resource Center on the USCIS website. USCIS has also updated the USCIS Policy Manual (PDF, 323.82 KB) accordingly; see Volume 12, Part E, English and Civics Testing and Exceptions, Chapter 2, English and Civics Testing.

USCIS piloted the test with community-based organizations and volunteers across the country in summer 2020. The data collected from this pilot was used to help USCIS make determinations about the language and grammatical structure of individual test items, linguistic and cognitive weights assigned to each test item, and to identify those items appropriate for applicants who are 65 years or older, have held lawful permanent resident status for at least 20 years and are granted special consideration by statute.

A new USCIS policy memorandum clarifies requirements for deployment of capital for EB-5 applicants (investor visa). This establishes that the purchase of financial instruments on the secondary market will generally not satisfy such requirements. It clarifies that capital may be further deployed into any commercial activity that is consistent with the purpose of the new commercial enterprise, within its lawful bounds.

This clarification supersedes the language that allowed municipal bonds as a specific type of potentially permissible financial instrument in the context of further deployment. It also provides that further deployment must be through the same new commercial enterprise and within the geographic area of the same regional center, including any amendments to the regional center’s geographic area approved before the further deployment. 

It also explains that, based on an internal review and analysis of typical EB-5 capital deployment structures, USCIS generally considers 12 months as a reasonable amount of time to further deploy capital, but will consider evidence showing that a longer period was reasonable.

You can download the .pdf file with the entire update HERE

As always, contacting our firm to help you navigate through the uncertainty of your particular situation is also a safe bet. Our experience and expertise is sure to be one of your best allies.

USCIS began producing a “Security Enhanced U.S. Travel Document.” 

On Thursday, USCIS announced a new version of the U.S. travel document, which functions similarly to a passport. The document can be used by lawful permanent residents in place of Form I-327, Permit to Reenter the United States, and by refugees in place of Form I-571, Refugee Travel Document. The document can also be used instead of a passport in some cases. The enhanced security features include a redesigned booklet cover, four montages containing three images, each of notable U.S. architecture, used throughout the booklet, and a combination of first-, second- and third-level security features (overt, covert and forensic). Previous versions of the travel document are still valid until their expiration date. 

Several USCIS forms have been updated

USCIS posted updated editions of Form N-400, Application for Naturalization, Form N-470, Application to Preserve Residence for Naturalization Purposes, and Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer. The edition dates are 9/17/19, 9/10/19, and July 2019, respectively. For Form N-400, the 12/23/16 edition will be accepted through 12/15/19.

A new PA law will require construction employers to use E-verify

The Pennsylvania state government recently passed the “Pennsylvania Construction Industry Employer Verification Act.” Starting in October 2020, this new law prohibits construction employers from knowingly employing unauthorized employees, and requires them to use E-verify.Use of E-verify will be enforced by the Department of Labor and Industry, but also creates a rebuttable presumption in court that the employer did not knowingly employ and unauthorized person.

The Iowa Supreme Court ruled immigration status can be considered in sentencing

A man was sentenced to prison time instead of probation in part due to his immigration status. The Iowa Supreme Court ruled on Friday that when deportation is a “certainty,” considering immigration status during sentencing does not violate constitutional due process. The court affirmed the lower court decision that prison time was permissible for this reason.

The House introduced a bipartisan bill to reverse a Trump policy affecting children of some service members and federal employees abroad

In August, the Trump administration released policy guidance making it more difficult for some children born abroad to service members and government employees to attain U.S. citizenship. USCIS clarified the impact was low, but affected about 20-25 people per year. On Wednesday, members of the House Judiciary Committee introduced bipartisan legislation to undo the change and make the process for children in this situation to gain U.S. citizenship simpler. 

The Supreme Court has taken a case on the rights of asylum seekers.

 On Friday, the Supreme Court agreed to consider a case on the rights of undocumented asylum seekers to challenge their expedited removal orders. The Trump administration appealed after the 9th Circuit ruled that asylum seekers could make their claim in federal court after they are denied and ordered for expedited removal. Oral arguments in front of the Supreme Court have not yet been scheduled.

Federal authorities will gather DNA from immigrants at the border.

Attorney General Barr announced on Monday that the Department of Justice will collect DNA samples from immigrants and asylum seekers crossing the border. Under the plan, federal authorities would gather an estimated 748,000 individuals’ DNA each year. The stated purpose of the plan is to create a database of immigrants to help fight crime, and the DOJ plans to add this genetic information to the FBI’s Combined DNA Index System. Immigrant advocates have denounced the rule over privacy concerns and the lack of meaningful choice, especially for vulnerable asylum seekers. The rule was published in the Federal Register on October 22, and is now open for a 20-day comment period. 

More flights containing approved refugees have been canceled. 

Last month, many refugees preparing to be resettled in the United States were met with canceled flights when the State Department issued a moratorium on their travel until October 21. On October 18, the State Department announced the moratorium would continue until October 28. This caused already-rescheduled flights with refugees to be canceled again. This is especially concerning for some refugees who have medical exams or security checks near expiration, which was not an issue when they were originally scheduled for resettlement in September.

White House aides determined that Trump’s top DHS picks are ineligible

McAleenan’s departure left the top DHS role empty. President Trump has two top picks for DHS acting secretary: acting USCIS Director Cuccinelli and acting CBP Commissioner Morgan. However, a federal statute called the Vacancies Act limits who can be appointed to act in secretary roles without Senate confirmation. The role must go to a ranked official elsewhere in the executive branch who has already been confirmed by the Senate. The president’s advisors told the president that neither Cuccinelli nor Morgan fulfill this requirement. Either could serve as DHS Secretary if they were confirmed by the Senate, but that route is not certain to succeed. 

As always, contacting our firm to help you navigate through the uncertainty of your particular situation is also a safe bet. Our experience and expertise is sure to be one of your best allies.

“Horrible and Foolish Loopholes”

President Trump has taken yet another step in tightening asylum policies. In a memorandum released last night, the new presidential order prevents anyone who crossed the border illegally to get a work permit, it considerably reduces the adjudication terms of asylum requests to a maximum of 180 days (it used to take years), and it imposes fees for humanitarian refugee status applicants to the United States.

These are all measures meant to address what the President has recently called “horrible and foolish loopholes” in the immigration law. Lumping the visa lottery in with “chain migration”, “catch and release”, Mr. Trump claims that people coming into the US this way are from countries that “are not giving us their finest.”

The Washington Post has a new article HERE detailing the latest presidential directive, along with a video of his assertions on immigration.

Here at Leslie I. Snyder immigration firm, we want to remind you that asylum seeking is not illegal immigration. People from countries in political turmoil run from oppression and seek asylum.

The United States recognizes the right of asylum for individuals as specified by international and federal law.

As always, contacting our firm to help you navigate through the uncertainty of your particular situation is also a safe bet. Our experience and expertise is sure to be one of your best allies.

Under current Florida law, in order to obtain a Driver’s License, you need to be a citizen or legal resident alien. This might change in the near future. Both the Florida Senate and House introduced last month two separate proposals. These might allow foreign passports, birth certificates, and Mexican consular cards to be used as proof of identity.

Both proposals are introduced by Democrats. The Senate bill is sponsored by Javier Rodriguez of Miami. Senator Rodriguez justifies his initiative with the following arguments: “It doesn’t matter your immigration status. If you are on the roads, you should have access to a driver’s test and the ability to get car insurance”

The House bill is co-introduced by Representative Anna Eskamani of Orlando. In a statement to Fox News channel 35 Orlando, she affirms: “I always ask the question about why not build trust with those who are already marginalized, versus pushing them farther and farther away from us. I think what this bill does is it helps to build that trust. It also helps ensure public safety.”

If any of the proposals becomes law, Florida will become the 13th state to allow undocumented immigrants to be able to obtain driver’s licenses in the US.

As always, contacting our firm to help you navigate through the uncertainty of your particular situation is also a safe bet. Our experience and expertise is sure to be one of your best allies.

Effective April 1, 2019, the H-1B Visa Program will have new amended regulations. The final rule reverses the order by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B petitions under the H-1B regular cap and the advanced degree exemption. It introduces an electronic registration requirement for petitioners seeking to file H-1B cap-subject petitions. The rule will be published in the Federal Register on Jan. 31, and will go into effect on April 1, though the electronic registration requirement will be suspended for the fiscal year (FY) 2020 cap season. 

From the USCIS web site:

Effective April 1, USCIS will first select H-1B petitions (or registrations, once the registration requirement is implemented) submitted on behalf of all beneficiaries, including those that may be eligible for the advanced degree exemption. USCIS will then select from the remaining eligible petitions, a number projected to reach the advanced degree exemption. Changing the order in which USCIS counts these allocations will likely increase the number of petitions for beneficiaries with a master’s or higher degree from a U.S. institution of higher education to be selected under the H-1B numerical allocations. Specifically, the change will result in an estimated increase of up to 16% (or 5,340 workers) in the number of selected petitions for H-1B beneficiaries with a master’s degree or higher from a U.S. institution of higher education.

USCIS will begin accepting H-1B cap petitions for FY 2020 on April 1, 2019. The reverse selection order will apply to petitions filed for the FY 2020 H-1B cap season. Petitioners may file an H-1B petition no more than six months before the employment start date requested for the beneficiary. USCIS will provide H-1B cap filing instruction on uscis.gov in advance of the filing season.

Importantly, after considering public feedback, USCIS will be suspending the electronic registration requirement for the FY 2020 cap season to complete user testing and ensure the system and process are fully functional. Once implemented, the electronic registration requirement will require petitioners seeking to file H-1B cap petitions, including those that may be eligible for the advanced degree exemption, to first electronically register with USCIS during a designated registration period. Only those whose registrations are selected will be eligible to file an H-1B cap-subject petition. USCIS expects that the electronic registration requirement, once implemented, will reduce overall costs for petitioners and create a more efficient and cost-effective H-1B cap petition process for USCIS and petitioners.

Additionally, USCIS will publish a notice in the Federal Register to announce the initial implementation of the H-1B registration process in advance of the cap season in which it will implement the requirement. Prior to implementation, USCIS will conduct outreach to ensure petitioners understand how to access and use the system. Once implemented, USCIS will announce the designated electronic registration period at least 30 days in advance for each fiscal year it is required.

For more information on USCIS and our programs, please visit uscis.gov or follow us on Twitter (@uscis), Instagram (/uscis), YouTube (/uscis), Facebook (/uscis), and Linkedin (/uscis).

As always, contacting our firm to help you navigate through the uncertainty of your particular situation is also a safe bet. Our experience and expertise is sure to be one of your best allies.