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.

Categories News & Updates USCIS

USCIS Announces End of Enforcement of Public Charge Rule

USCIS has advised that it will immediately stop applying the Public Charge Final Rule to all pending applications and petitions. The previous public charge rule regarding inadmissilbity, in accordance with the 1999 Interim Field Guidance, remains in place.

USCIS will no longer apply public benefits conditions to applications or petitions for extension of non-immigrant status or change of non-immigrant status. USCIS will no longer consider an applicant’s receipt of Medicaid (except for long-term institutionalization at the government’s expense), public housing, or Supplemental Nutrition Assistance Program (SNAP) benefits as part of the public charge inadmissibility determination.

In addition, USCIS has removed Form I-944 from its website. Information provided on Form I-944 with currently pending applications will not be considered by the officer adjudicating the case.

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

Categories News & Updates

New Guidance on Visa Applications for H-4 and L-2 Dependents

Today, the Department of State (DOS) issued a clarification on the June 22 executive order that restricted entry against those applying for H-1B, H-4, L-1, L-2, H-2B, and J visas. As we previously reported, the executive order impacted individuals currently outside the United States who are waiting for U.S. consular posts to reopen in order to apply for visas in one of the newly restricted categories.

 

Today’s clarification by DOS alleviates the burden on some would-be visa applicants. Specifically, H-4 and L-2 dependents can apply for and receive visas if their H-1B or L-1 spouse or parent is currently in the United States.

 

Some families have been separated for months due to the shutdown of U.S. consulates and embassies around the world, and the June 22 executive order appeared to move the finish line out to the end of the year, and potentially longer. But with today’s clarification, some families can now start planning to be reunited in the near future as U.S. consular posts begin the slow process of reopening.

 

Please contact your Graham Adair attorney with any questions.

Categories Global News & Updates

E.U. Lifting Travel Restrictions for Select Countries; U.S. Travelers Excluded

The E.U.?s European Commission is actively planning to re-open its borders on July 01, 2020 for select countries and have noted countries otherwise not selected will be temporarily barred from entering E.U. member states. The countries that will be allowed in are: Algeria, Australia, Canada, Georgia, Japan, Montenegro, Morocco, New Zealand, Rwanda, Serbia, South Korea, Thailand, Tunisia, Uruguay, and China (Subject to reciprocity). Notable countries that are not on the list include travelers from the United States, Russia, and Brazil. The E.U. cites COVID-19 concerns as the reason for the temporary policy.

 

It appears that the most recent E.U. directive is an extension of the already-implemented E.U. travel restrictions that took effect on March 17, 2020. Currently and through June 30, 2020, the E.U. and Schengen Associated countries continue to suspend all non-essential travel from third countries into the E.U.+ area. The ?E.U.+ area? includes 30 countries: all 26 E.U. member states (including the UK) as well as the four Schengen Associated states: Iceland, Liechtenstein, Norway, and Switzerland.? Exemptions include all EU citizens, and citizens of the Schengen Associated states, and their family members for the purpose of returning home, and non-EU citizens who are long-term residents in the E.U. The newly implemented entry regulations, that will take effect on July, 01, 2020, lifts the travel restrictions to the above-mentioned countries.

 

The new E.U. directive continues to affect wide-spread travel into the E.U.+ entering from specific countries, including for both personal and business travel, while it exempts student visa holders, highly-skilled non-EU workers, and other work permit categories.

 

Companies should continue to consult with a Graham Adair attorney when coordinating any international travel for their employees to ensure country-specific entry requirements are met. Graham Adair will continue to closely monitor developments and provide updates accordingly.

Categories Department of Labor Department of State News & Updates USCIS

New Executive Order Further Restricts U.S. Immigration

Today, President Trump issued an executive order further restricting immigration in light of the current Covid-19 pandemic.? This order extends the previous restrictions on new immigrant visas through the end of the year and adds certain nonimmigrant visa classifications to the list.

 

The new executive order will restrict new H-1B, H-2B, J, or L visas, and any dependents accompanying or following to join individuals in those classifications, which includes H-4 and L-2 spouses.? The order goes into immediate effect.

 

Individuals who hold valid H-1B, H-2B, J, or L visas as of today will be allowed to enter the U.S. This order will not impact our ability to file changes of status, extensions of status, change of employer petitions, adjustments of status, or amendments for those who are currently in the U.S.? Largely, this ban on new visas continues the status quo as U.S. consulates around the world continue to be closed and are not currently issuing new visas.

 

This will have an impact on those who are currently outside the U.S. and waiting for the consulates to reopen so that they can apply for visas, and those individuals will likely have to wait until next year to apply for their visas.? There are some limited exceptions to this rule for those who work in national security, health care or medical research directly related to Covid-19, or those who work in the food supply chain.

 

The order contains additional instructions to the secretaries of Homeland Security and Labor to investigate regulatory options to ensure that H-1B petitions and employment-based green card applications do not negatively impact U.S. workers.? We do not have any indication at this point as to what this would look like or when we can expect to see proposed regulations.

 

For further information please contact your Graham Adair attorney.