USCIS Provides Guidance As EB-5 Regional Center Program Lapses on June 30, 2021

The EB-5 Immigrant Investor Regional Center Program will expire on June 30, 2021, unless Congress reauthorizes it. A lapse in authorization does not affect EB-5 petitions filed by investors who are not seeking a visa under the Regional Center Program. USCIS will reject Form I-924 and I-526 received on or after July 1, 2021, related to the regional center program. Further, USCIS will not act on...

I-751 Processing updates

Update Post 09/17/2021 We received an I-751 approval on 09/04/2021. Interview was waived. Filed on 12/06/2019 Approved on 09/04/2021 Update Post 08/20/2021 We received an I-751 approval on 08/17/2021. The interview also took place on 08/17/2021. Filed on 05/31/2019 Approved on 08/17/2021 Original Post 06/29/2021 Regarding ACS biometrics notices, we recently received one for a I-751 that was...

Impact of Layoffs during the PERM process

Employers should keep in mind of additional requirements during the PERM process if there has been a layoff within 6 months of filing the PERM application. The relevant regulation states the following: If there has been a layoff by the employer applicant in the area of intended employment within six months of filing an application involving the occupation for which certification is sought or in...

Applicants for Naturalization may be Forgiven if They Had Unknowingly Registered to Vote

USCIS issued new policy guidance on May 27, 2021 regarding an applicant's registration to vote and its impact on good moral character determination during naturalization. Some of the policy highlights include: USCIS will not penalize an applicant who unknowingly or unwilfully registers to vote.USCIS does not consider an applicant to have unlawfully registered to vote if the applicant did not...

Visa Bulletin Update

October 2021 As of September 13, 2021, USCIS has advised that in October 2021, it will accept adjustment of status applications for family– or employment-based petitions based on filing dates in all categories except F2A and EB-5. No significant movements from last month other than for EB2 China (2 months) and EB2 India (10 months) ***Visa Availability in the Coming Months*** F2A for...

How a Bill Becomes a Law

Many noncitizens who are waiting for “Biden’s Immigration Plan” to become law are getting restless and losing hope. The reality is it’s not easy for a bill to become a law. In fact, Congress hasn’t passed major immigration legislation in decades.

Petitioners with pending U visa petitions are now eligible to receive EADs

On June 14, 2021, USCIS updated its policy manual to allow eligible U visa petitioners (victims of crime in the United States) access to employment authorization sooner. Currently, U visa petitioners are waiting approximately five years before receiving a determination that allows them access to an employment authorization document and grant of deferred action. Through this new process, USCIS...

Policy updates: Expedited processing clarifications; No denial without RFE; Some EADs will be issued for two years

On June 9, 2021, USCIS issued policy updates to improve the immigration system. Improvements are expected to continue under the Biden administration. USCIS is committed to modernizing the immigration system and operating it in a fair, efficient, and humane manner. Expedited Processing USCIS provided further guidance on when expedited processing may be warranted. Please see our post regarding...

USCIS Will Offer Relief to Those Impacted by Delays at USCIS Lockbox

Update June 18, 2021 If you have experienced a delayed rejection of your immigration filing which you are unable to refile due to no longer being eligible for the immigration benefit requested, please pay attention to the current flexibilities offered by USCIS. These filing flexibilities are effective for 60 days from June 10, 2021, until August 9, 2021. Refiling Eligibility You may refile your...

Liberian Refugee Immigration Fairness Program

Update August 17, 2021 USCIS issued another reminder that the deadline to submit green card applications for Liberian Refugee Immigration Fairness (LRIF) from eligible Liberians and their immediate family members is December 20, 2021. Q.  What are the requirements for a family member to adjust status based on LRIF? A.  To adjust based on LRIF, each family member must: Properly file his...