Category Archives: Department of State

Categories Department of State News & Updates

TN Visa Processing in Mexico is Now Available Only at Three Consular Posts

The U.S. Embassy and Consulates in Mexico have resumed limited processing of nonimmigrant visas. TN Visa appointments are now available only in Mexico City, Ciudad Juarez, and Guadalajara. However, previously scheduled TN appointments in Tijuana will be honored, but expedited appointments cannot be accommodated, and new TN appointments cannot be made.

 

Since only three posts process TN visa appointments, applicants may experience significant delays for visa appointments. It is advised that applicants make note of this and plan accordingly. If applicants have an urgent need for travel, they may request an emergency appointment by following the guidance found here .

 

Applicants applying in the same visa class and whose previous visa expired within the last 48 months may be eligible for interview waiver.  Applicants may schedule a renewal appointment here. Routine appointments for applicants not ordinarily resident in Mexico are not available at this time.

 

The U.S. Department of State has extended the validity of visa payments (known as the MRV fee) until September 30, 2023, to allow all applicants who were unable to schedule a visa appointment as a result of the suspension of routine consular operations an opportunity to schedule and/or attend a visa appointment with the paid fee.

 

Please contact your Graham Adair attorney with any case specific questions, or contact us at info@grahamadair.com; +1 408 715 7067.

Categories Department of State News & Updates USCIS

Employment for spouses gets major win today

Today, fifteen nonimmigrant plaintiffs reached a settlement agreement with the Department of Homeland Security in a putative class action over long-delayed processing of H-4 and L-2  employment authorization documents (EADs).

 

The settlement agreement contains two key changes for H-4 and L-2 work authorization:

 

The first major victory is for automatic extension of EAD based on a timely filed extension. Qualifying H-4 nonimmigrants who timely file I-765 extension applications and will continue to have H-4 status beyond the expiration date of their EADs will now have their employment authorization automatically extended. The auto-extension of employment authorization will end once the nonimmigrant’s H-4 status expires according to their Form I-94; once the I-765 application is approved or denied; or 180 days from the expiration date on the face of the EAD.

 

To complete the I-9, qualifying H-4 nonimmigrants may provide a combination of documents in lieu of an unexpired EAD, including an expired EAD, I-765 receipt notice evidencing timely filed application, and unexpired Form I-94.

 

Within 120 days, U.S. Citizenship and Immigration Services (USCIS) will amend I-765 receipt notices to detail the EAD auto-extension eligibility for qualifying H-4 nonimmigrants.

 

The second major victory is that USCIS will issue guidance stating that L-2 spouses will have work authorization incident to status. Within 120 days, U.S. Customs and Border Protection (CBP) will change the Form I-94 to mention L-2 spouse where appropriate. Once CBP updates the Form I-94, it will be available for use as a List C document for I-9 purposes.

 

Further, L-2 spouses who timely file I-765 extension applications and will continue to have L-2 status beyond the expiration date of their EADs will have their employment authorization automatically extended. The auto-extension will end once the nonimmigrant’s L-2 status expires according to their Form I-94; once the I-765 application is approved or denied; or 180 days from the expiration date on the face of the EAD.

 

To complete the I-9, L-2 spouses may provide a combination of documents in lieu of an unexpired EAD, including an expired EAD, I-765 receipt notice evidencing timely filed application, and unexpired Form I-94.

 

USCIS will issue further guidance to employers and benefit granting agencies. Graham Adair will monitor the situation closely for developments. If you are an L-2 or H-4 spouse with a pending I-765 application and you have questions about the implications of the settlement agreement on your EAD processing, please reach out to the Graham Adair attorney handling your case.

 

Please contact your Graham Adair attorney with any specific questions, or contact us at info@grahamadair.com; +1 408 715 7067.

Categories Department of Labor Department of State News & Updates USCIS

Looming government shutdown’s anticipated impact on immigration

The Senate failed on Monday to pass a key procedural FY 2022 federal budget vote to advance the House-passed short-term government funding bill. If lawmakers fail to reach an agreement, U.S. government funding could expire and lead to a full federal government closure on 12:01 am on October 1, 2021.

What impact does this have on immigration processing? Each federal agency would have its own shutdown plan, which will coordinated by the Office of Management and Budget. However, based on prior shutdowns in previous years, the following should be expected:

Immigration operations that should remain in operation:

  • Customs and Border Protection (CBP): CBP is likely to continue processing immigration applications at the border and performing inspection functions.
  • Immigration and Customs Enforcement: ICE enforcement activities and operations of the Student and Exchange Visitor Information System (SEVIS) should continue.
  • SAVE System (USCIS database used by government agencies such as state motor vehicle departments to verify an applicant’s immigration status when processing applications for benefits).

Immigration operations that will likely be suspended:

  • Department of Labor (DOL): As the DOL would likely be categorized as a non-essential function, DOL immigration functions will likely be suspended. No PERM applications, labor condition applications (LCAs), prevailing wage determinations (PWDs) or applications for temporary labor certification would be processed. The agency would not accept PERM applications or audit responses, LCAs or prevailing wage requests either online or by mail.
  • E-Verify: Employers should expect to be unable to initiate E-Verify queries or resolve tentative non-confirmations, and would not be expected to meet the usual E-Verify deadlines until the program is reauthorized. Please note, employers should not take any adverse action against any employee whose employment eligibility verification cannot be confirmed in E-Verify due to the shutdown. All employers will remain subject to Form I-9 obligations and deadlines as usual.
  • Conrad 30 Program

Immigration operations that will be potentially experience further processing delays:

  • U.S. Citizenship and Immigration Services (USCIS): The USCIS should continue to process applications but processing delays, already widespread, would continue or worsen. Appointments at USCIS local offices and Application Support Centers should not be affected by the shutdown, though COVID-19 precautions are still in place.
  • Department of State: Some passport offices may be affected if they are located in federal buildings that are closed due to the shutdown, but if not, should continue operations. Although the State Department’s visa processing and U.S. citizenship document functions are not expected to be suspended, they may be further affected by reduced staffing and other effects of the COVID-19 pandemic.

We will continue to monitor the situation and provide updates as they become available. In the meantime, please contact your Graham Adair attorney with any questions.

Categories Department of State News & Updates

Biden Administration Lifts Ban on Immigrant Visa Processing

Earlier this week, the Biden Administration lifted a ban that was put in place last year on the processing of immigrant visas (green cards) at U.S. consulates. While lifting this ban is good news for many who are awaiting the processing of their immigrant visa, we anticipate that there will still be delays in processing cases because of backlogs and reduced consular staffing caused by the pandemic.

The President has left in place the ban on nonimmigrant visas, such and H-1Bs and L-1s, that is set to expire on March 31, 2021. There are some exceptions to this ban, and it does appear that the ban will not be extended and will expire as scheduled

Looking forward, we anticipate that there will be continued delays in getting visas from U.S. consulates while current pandemic restrictions are in place. However, the lifting of the ban on immigrant visas is good news for those who have been precluded from applying over the past several months. If you have questions about travel or your visa application, please contact your attorney at Graham Adair.

Categories Department of State News & Updates

Trump Extends Ban on Certain Immigration Applications

President Trump has extended Presidential Proclamations (P.P.) 10014 and 10052 through March 31, 2021. As previously reported, P.P. 10014 suspends the entry of immigrant visa applicants through consular processing.

P.P. 10052 suspends the entry of certain nonimmigrant visa applicants who have been deemed to present a risk to the US labor market during the economic recovery following the pandemic.  Specifically, this suspension applies to applicants for H-1B, H-2B, and L-1 visas; J-1 visa applicants participating in the intern, trainee, teacher, camp counselor, au pair, or summer work travel programs; and any spouses or children of covered applicants applying for H-4, L-2, or J-2 visas.

Please contact your Graham Adair attorney for case-specific advice.

1 2 3 9