Immigration law is at the forefront of public dialogue these days. Womble Bond Dickinson’s
Immigration Solutions team helps employers navigate high-stakes, constantly shifting immigration challenges to avoid potential problems and secure the talent they need to make their companies thrive. The following newsletter, drafted by Womble Bond Dickinson Immigration Solutions attorneys, covers some of the recent and most important developments in immigration law.
02/26/2021 The U.S. Citizenship and Immigration Services (USCIS) announced continued delays at certain lockboxes in issuing receipt notices for Form I-765 relating to OPT for F-1 students. USCIS confirms multiple accommodations, including automatic extension of employment authorization for certain applicants, 14-month OPT period flexibilities and refiling following rejection.
02/25/2021 President Biden revoked Executive Order 10014 and the U.S. Department of State (DOS) provided instructions for immigrant visa applicants. Nonimmigrant travel bans remain in place.
02/24/2021 USCIS expanded premium processing service to petitioners who are requesting a change or extension of status to E-3 classification.
02/23/2021 U.S. Customs & Border Protection (CBP) issued notification of continued temporary travel restrictions at the U.S. land ports of entry with Canada and Mexico through March 21, 2021.
02/23/2021 U.S. Department of State (DOS) released the March Visa Bulletin. Applicants in all employment-based preference categories must use the Final Action Dates chart to determine eligibility for filing with USCIS.
02/22/2021 USCIS issued revised guidance in the USCIS Policy Manual regarding the educational requirements for naturalization. As of March 1, 2021, USCIS will administer the 2008 civics test to applicants who filed for naturalization before December 1, 2020 or who will file on or after March 1, 2021.
02/22/2021 DOS issued a final rule on Eligibility for Diplomatic and Official Visas.
02/20/2021 U.S. Senator Bob Menendez (D-N.J.) announced he will lead the legislative effort in the United States Senate and introduce the Biden-Harris Administration’s U.S. Citizenship Act of 2021.
02/18/2021 U.S. Representative Linda Sánchez (D-CA) introduced the U.S. Citizenship Act of 2021 in the House “to provide an earned path to citizenship, to address the root causes of migration and responsibly manage the southern border, and to reform the immigrant visa system, and for other purposes.”
02/17/2021 U.S. Centers for Disease Control (CDC) announced a temporary Exception from Expulsion for unaccompanied noncitizen children to its order issued October 13, 2020. The temporary exception went into effect on or about January 30, 2021and will remain so until CDC completes a public health assessment and publishes any notice or modified order.
02/16/2021 USCIS announced it reached the FY2021 H-1B Cap
02/16/2021 CBP expands facial biometrics under the Simplified Arrival process at eight (8) Preclearance locations throughout Canada, with Toronto Pearson International Airport the first to adopt. Other locations include Vancouver International Airport, Montréal-Pierre Elliot Trudeau International Airport, Calgary International Airport, Edmonton International Airport, Halifax Stanfield International Airport, Ottawa/Macdonald–Cartier International Airport and Winnipeg James Armstrong Richardson
International Airport.
02/12/2021 USCIS announced its annual E-Verify Records Disposal, to occur on May 14, 2021. Employers have until that date if they wish to download records dated on or before December 31, 2010.
02/12/2021 USCIS extended Deferred Enforced Departure (DED) for Liberians through June 30, 2022, and provides for continued work authorization for certain individuals. To be eligible for the extension, the individual must be currently enrolled in DED and must apply for Adjustment of Status (AOS) on or before December 20, 2021.
02/11/2021 President Biden formally ended the former administration’s national declaration of emergency at the U.S.-Mexico border and stopped all government funds dedicated to construction of a border wall. Approximately 3,600 military troops will remain at the border.
02/11/2021 The Department of Homeland Security (DHS) announced a process to address approximately 25,000 individuals in Mexico with active Migrant Protection Protocols (MPP) cases before the Executive Office for Immigration Review (EOIR). This process does not apply to those under MPP and present in the U.S. or those abroad who were not returned to Mexico under MPP or do not have active court cases.
02/10/2021 USCIS began issuing non-selection notices for FY2021 H-1B registrations as well as providing some additional updates regarding the FY2022 registration process.
02/10/2021 President Biden issued Executive Order 14014, which imposes sanctions on individuals who have contributed to instability in Burma including, among other actions, suspension of immigrant and nonimmigrant entry to the U.S. of those persons.
02/09/2021 U.S. Immigration and Customs Enforcement (ICE) published a notice in the Federal Register requesting comments on proposed extension of and changes to information collected on Student and Exchange Visitor Information System (SEVIS) Forms I-17 and I-20. The comment period runs through April 12, 2021.
02/09/2021 Executive Order 14013 “Rebuilding and Enhancing Programs To Resettle Refugees and Planning for the Impact of Climate Change on Migration” was published in the Federal Register. The EO revokes certain presidential actions on refugee admissions and resettlement and directs other actions.
02/08/2021 DHS published notice in the Federal Register that delays the effective date of “Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H–1B Petitions”. The modification would have meant that USCIS would generally first select registrations based on the highest Occupational Employment Statistics (OES) prevailing wage level.
02/05/2021 U.S. Department of State (DOS) published notice of request for public comment on the “30 Day Notice of Proposed Information Collection: Supplemental Questions for Visa Applicants”. This is relevant to Form DS-5535 and in response to Section 3 of President Biden’s January 20, 2021 Proclamation on Ending Discriminatory Bans on Entry to The United States.
02/05/2021 USCIS announced that the H-1B FY2022 Cap initial registration period will open on March 9, 2021 and end on March 25, 2021. The announcement provides instructions for the registration and filing periods.
02/04/2021 Biden Administration announced in connection with his Executive Order on Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans limited immediate change to public charge rules. This revokes the May 23, 2019 Presidential Memorandum (PM 213A). The I-944 Declaration of
Self-Sufficiency is still required to be filed with Form I-485 Adjustment of Status applications.
02/04/2021 CBP issued a media release to advise that, effective February 2, 2021, it would enforce President Biden’s executive order (EO) requiring face masks at ports of entry (POE). The requirement applies to everyone over two (2) years of age and is in effect until further notice.
02/03/2021 The Office of Foreign Labor Certification (OFLC) issued selected program statistics on Q1 of FY2021. Those include: Prevailing Wage Determination (PWD); PERM; and Labor Condition Application (LCA).
02/03/2021 USCIS announced that it has rescinded Policy Memo 602-0142 “Rescission of the December 22, 2000 ‘Guidance memo on H1B computer related positions’” issued on December 22, 2000. This action is based on a December 2020 Court of Appeals decision to overturn an H-1B denial that followed the logic of PM-602-0142.
02/02/2021 Alejandro Mayorkas was confirmed as the first Latino, immigrant head of the Department of Homeland Security.
02/02/2021 The White House issued a Fact Sheet on Executive Actions in three areas: Reunify families; Manage migration across the Southern border including restoration of the U.S. asylum system and review of the Migrant Protection Protocols (MPP) program; and Restore faith in the legal immigration system and promote integration of new Americans.
