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.
April 29, 2021 The U.S. Supreme Court held that a Notice to Appear (NTA) sufficient to trigger the Stop-Time Rule must be a single document containing all information regarding an individual’s removal hearing, reversing the 6th Circuit’s ruling. (Niz-Chavez v. Garland, 4/29/21). See here for the opinion.
April 29, 2021 A group of leading companies and organizations, including Argo AI LLC, the U.S. Chamber of Commerce, Compete America Coalition, FWD.us, Google LLC, Intel Corporation, Microsoft Corporation, the National Association of Manufacturers, Salesforce.com, Inc., TechNet and Twitter, Inc. have submitted an amicus brief in Edakunni v. Mayorkas in support of Plaintiff’s Motion for Preliminary Injunction requesting that the government process H-4 and L-2 employment authorization documents without delay. Court documents related to this case may be accessed here.
April 26, 2021 The U.S. Department of State (DOS) determined that certain travelers who are subject to Presidential Proclamations 9984, 9992 and 10143 may now qualify for a National Interest Exception (NIE). Those who may be eligible include those who wish to provide vital support for critical infrastructure, journalists, students and certain academics covered by exchange visitor program. See here for the announcement.
April 27, 2021 U.S. Citizenship and Immigration Services (USCIS) has issued policy guidance in its Policy Manual to clarify that in most cases USCIS will again give deference to prior determinations when it adjudicates requests for extension of status for the same parties. See here for the Policy Alert.
April 23, 2021 The U.S. Department of Homeland Security (DHS) announced the rescission of civil penalties for failure to depart. The announcement indicates that the U.S. Immigration and Customs Enforcement (ICE) will focus its limited resources on individuals who pose the greatest threat to national security. See here for the announcement.
April 22, 2021 U.S. Customs and Border Protection (CBP) has continued its travel restrictions from Canada into the U.S. at land ports of entry along the U.S.-Canada border (86 FR 21188, 4/22/21), and from Mexico into the U.S. at land ports of entry along the U.S.-Mexico border (86 FR 21189, 4/22/21), through May 21, 2021 due to Covid-19.
April 20, 2021 DOS published the May 2021 Visa Bulletin, listing the final action dates and dates for filing for family and employment-based petitions. See here for a link to the bulletin.
April 20, 2021 USCIS announced Adjustment of Status filing dates for May 2021. Applicants in the F2A category may use the Final Action Dates Chart. All other family-sponsored applicants must use the Dates for Filing Chart and all employment-based preference categories must use the Final Action Dates chart.
April 20, 2021 DHS announced an increase of 22,000 H-2B visas, which will be made available in the coming months based on a temporary final rule in the Federal Register. Six thousand will be reserved for citizens of Honduras, El Salvador and Guatemala. See here for the announcement.
April 13, 2021 DOS provided FAQs on the immigrant visa backlog on its Facebook page. See here for a link to the post.
April 12, 2021 USCIS announced that F-1 students requesting pre-completion OPT, post-completion OPT or 24-month OPT STEM extension can file Form I-765 Application for Employment Authorization online. Read the announcement here.
April 12, 2021 USCIS issued a letter to interagency partners confirming that the 2019 Public Charge Rule is no longer in effect and that DHS plans to join federal agencies, state and local governments and nongovernmental stakeholders to make sure applicants and the public are aware of the change. See here to read more.
April 12, 2021 The U.S. Government Accountability Office (GAO) found that DHS’ FY2019-2020 Border Security Improvement Plan provided to Congress was incomplete and not delivered timely. The GAO’s assessment may be found here.
April 1, 2021 DOS announced that Presidential Proclamation 10052, which suspended the admission of certain H-1B, H-2B, J and L nonimmigrants, expired on March 31, 2021. To read more, see here.
April 1, 2021 USCIS confirmed that it has reverted to the form rejection criteria it used prior to the October 2019 change in criteria. USCIS will no longer reject Forms I-589, I-612 or I-918 if there is a blank space. See here for the announcement.
