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 News & Updates

Biden Administration Announces Plans to Remove Regional Travel Bans

Yesterday, the Biden Administration announced that it plans to rescind the current geographic COVID-19 related travel bans implemented for foreign nationals traveling from China, Iran, the Schengen Area, U.K., Ireland, Brazil, South Africa, and India and will instead implement a requirement that foreign nationals be fully vaccinated against COVID-19 to enter the U.S. While at this time the administration did not provide an exact date of implementation, officials did state that they anticipate this will be in place in early November. We also expect to have further details on what proof will be required and what vaccines will be accepted in early November. If you have any questions, please contact your Graham Adair attorney.

Categories News & Updates

Baker Law Corporation Becomes Part of Graham Adair

Graham Adair is pleased to announce a transition agreement with Baker Law Corporation. After many successful years of managing her own firm, Debra Baker has decided to retire and turn her practice over to Graham Adair. As part of the transition, Graham Adair will also be bringing on her experienced and dedicated staff.

Sam and Chad previously worked at a large international law firm where Debra ran the immigration practice group in the Bay Area. It is an honor for Graham Adair to carry on the illustrious practice that Debra has built, which includes a focus on customer service and customized solutions to meet varying client needs. Debra will remain involved during the transition.

The official transition will take place as of July 1, 2021.

Categories News & Updates

Final Rule Reverts H-1B “Specialty Occupation” to Previous USCIS Standard

On October 8, 2020, the Department of Homeland Security issued an Interim Final Rule (IFR) titled “Strengthening the H-1B Non-Immigrant Visa Classification Program”. The IFR previously revised and narrowed the regulatory definition of and raised the standards for “specialty occupation” for H-1B nonimmigrant visa applicants.

On December 1, 2020, the U.S. District Court for the Northern District of California issued a judgment that blocked the implementation and enforcement of the IFR. In compliance with the vacatur, USCIS has vacated the IFR and restored the previous definition of and standard for the “specialty occupation” requirement.

Under the IFR, H-1B applicants were required to obtain a bachelor’s degree in the exact field related to their position. For example, under the rule, employers seeking software engineers would not be allowed to hire applicants with an information technology degree. Nor would they be allowed to use experience or a combination of experience and education as a bachelor’s degree equivalency. Now that the IFR has been vacated, applicants can satisfy “specialty occupation” by obtaining a bachelor’s degree in a field relevant to their profession, or a work experience equivalency.

If you have any questions, please contact your Graham Adair attorney.

Categories News & Updates USCIS

USCIS To Suspend Biometrics Requirements for Certain I-539 Applicants

From May 17, 2021, USCIS will suspend the biometrics requirements for the H-4, L-2, E-1, E-2 and E-3 categories of Form I-539 applications. The suspension will be for at least 2 years. USCIS will retain the discretion to require biometrics on a case-by-case basis.

The suspension will apply if: 1) the application is pending as of May 17, 2021 and a biometrics appointment notice has not been received; or 2) the application is received by USCIS between May 17, 2021 and the expiration date of the suspension.

USCIS has expressed an intention to eliminate the current backlog and to significantly reduce delays in processing times for these applications. The proposal came in a declaration from USCIS Service Center Operation Directorate Associate Director Connie L. Nolan in the pending federal case Edakunni v. Mayorkas.

If you have any questions, please contact your Graham Adair attorney.