Posts
Notes and updates on immigration law.
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…
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…
I-751 Processing updates
Update 09/23/2024 Fresh update: Filed on 11/23/2022 and approved on 09/13/2024. This case took approximately 21 months to process, and no RFE was issued. Trends and Observations: Update 09/17/2024 Here’s a latest sample case: Filed on 11/17/2022, approved on 08/16/2024. This case took approximately 21 months to process, and no RFE was issued. Overall processing…
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…
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…
Visa Bulletin Update
April 2022 USCIS determined that for April 2022, all family-sponsored preference categories must use the Dates for Filing chart. All employment-based preference categories must use the Dates of Filing chart. There’s also significant advancement for EB2 India, from Sept 1, 2013 to Sept 1, 2014. Many may have already filed in 2020 / 2021 when…
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…
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…
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…