Biden Administration Will Rescind Travel Bans and Instead Require Proof of Vaccination

The President announced today that starting in early November adult foreign nationals traveling to the United States must be fully vaccinated. The White House will also rescind the current geographic COVID-19 related travel bans implemented for individuals from China, Iran, the Schengen Area, U.K., Ireland, Brazil, South Africa, and India. US citizens are not subject to the rule meaning...

USCIS is Seeking Comments on New Public Charge Rules

USCIS is seeking feedback from the public that will help the development of new public charge regulations. Since the previous public charge rule (2019) under President Trump was vacated on March 9, 2019, USCIS has been applying the public charge inadmissibility statute consistent with the 1999 Interim Field Guidance, the policy that was in place before the 2019 public charge final rule. You...

Biden Grants “Safe Haven” to Hong Kong Residents

On August 5, 2021, President Biden signed a memorandum to defer for 18 months the removal of Hong Kong residents present in the United States.   This decision was based on China's "continued assault on Hong Kong's autonomy, undermining its remaining democratic processes and institutions, imposing limits on academic freedom, and cracking down on freedom of the press." President Biden stated...

Certain Temporary Protected Status (TPS) Applicants Can Now File Forms I-821 and I-765 Online

On July 21, 2021, USCIS made the following announcement regarding the availability of online filing for certain TPS applicants. U.S. Citizenship and Immigration Services announced today that certain Temporary Protected Status (TPS) applicants can now file Form I-821, Application for Temporary Protected Status, online.TPS applicants submitting an initial registration application may apply for TPS...

Re-designation of TPS for Yemen 2021

On July 6, 2021, DHS announced the re-designation and extension of Yemen for TPS. This means that current beneficiaries may extend their TPS until March 3, 2023, and first-time applicants may also apply. Current beneficiaries Current beneficiaries will be eligible to re-register for an extension of their status and have employment authorization. Approximately 1,700 current beneficiaries will be...

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...

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...