USCIS 5/3/2021 ANNOUNCEMENT REGARDING FORM I-539 BIOMETRICS!

Posted on by Susan Lane

The biometrics requirement for certain I-539 applicants will be suspended for a two-year period beginning May 17, 2021. The biometrics suspension will apply to the H-4, L-2, and E-1, E-2, and E-3 categories of Form I-539 applications if they are (1) pending on May 17, 2021, and have not yet received a biometric services appointment notice, or (2) are new applications received by USCIS from May 17, 2021, through May 17, 2023.

 

The $85 biometrics fee will not be required during this period. USCIS will not refund any biometrics fees already paid to USCIS.

This is extremely welcome news!

FY2022 H-1B CAP UPDATE – 3/29/2021

Posted on by Susan Lane

USCIS began notifying registrants of cap selection on Saturday, March 27, 2021. The American Immigration Lawyers Association (AILA) has asked USCIS to confirm if USCIS has completed its first round of notifications.  Although USCIS did not confirm either way, USCIS did inform AILA that the agency plans to send out formal communications to inform the public regarding if and when the selection period has closed and that stakeholders should see communications regarding this update from USCIS in the coming days.

H-1B FY2022 CAP UPDATE: H-1B Initial Electronic Registration Selection Process Completed

Posted on by Susan Lane

USCIS has received enough electronic registrations during the initial registration period to reach the fiscal year (FY) 2022 H-1B numerical allocations (H-1B cap) including the advanced degree exemption (master’s cap). We randomly selected from among the registrations properly submitted to reach the cap. We have notified all prospective petitioners with selected registrations that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.

Registrants’ online accounts will now show one of the following statuses for each registration (that is, for each beneficiary registered):

  • Submitted: The registration has been submitted and is eligible for selection. If the initial selection process has been completed, this registration remains eligible, unless subsequently invalidated, for selection in any subsequent selections for the fiscal year for which it was submitted.
  • Selected: Selected to file an H-1B cap petition.
  • Denied: Multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary. If denied as a duplicate registration, all registrations submitted by or on behalf of the same registrant for this beneficiary for the fiscal year are invalid.
  • Invalidated-Failed Payment: A registration was submitted but the payment method was declined, not reconciled, or otherwise invalid.

For more information, visit the H-1B Electronic Registration Process page.

April 2021 Visa Bulletin – Chats with Charlie

Posted on by Susan Lane

The Department of State is now conducting a “Chats with Charlie” regarding the Visa Bulletin during which Charlie Oppenheim responds to questions about the Visa Bulletin. Take-aways from the first “Chats with Charlie” are set forth below.

  •  EB-1 China and EB-1 India: Charlie expects these categories to remain current through the rest of the fiscal year barring any extraordinary spikes in demand, which he does not anticipate.

  • Charlie expects the Employment Based Final Action Dates to reach the dates in the Dates for Filing chart by the end of FY2021.

  • EB-2 India: EB-2 India experienced dramatic forward movement in April 2021 and will continue to advance dramatically in May 2021.

  • EB-3 China and EB-3 India: Charlie expects there to be even more aggressive forward movement in EB-3 China and EB-3 India in the coming months than what we have seen in March 2021 and April 2021. The EB-3 China and EB-3 India Final Action Dates are ahead of EB-2 China and EB-2 India respectively. Charlie believes there were a large number of downgrades but has no visibility into this likely demand until visa numbers are requested at the end of the adjustment of status processing.

The status of Trump’s H-1B rules now that Biden is in office

Posted on by Susan Lane

Forbes has posted a great article explaining the status of Trump’s H-1B rules under the Biden administration. 

“During its four years, the Trump administration inflicted most of its immigration damage on businesses and high-skilled foreign nationals through memos, executive orders and proclamations. Near the end, Trump officials published two regulations to restrict H-1B visas and prepared a third rule for publication. Businesses, universities and H-1B professionals now wonder what the start of the Biden administration means for the fate of these three Trump-era H-1B rules.

One indication as to the fate of these rules came on Joe Biden’s first day. A January 20, 2021, memorandum sent by White House Chief of Staff Ronald A. Klain asked executive departments and federal agencies to postpone rules for 60 days that ‘have been published in the Federal Register . . . but not taken effect.’ The memorandum adds: ‘For rules postponed in this manner, during the 60-day period . . . consider opening a 30-day comment period to allow interested parties to provide comments about issues of fact, law, and policy raised by those rules, and consider pending petitions for reconsideration involving such rules. As appropriate and consistent with applicable law, and where necessary to continue to review these questions of fact, law, and policy, consider further delaying, or publishing for notice and comment proposed rules further delaying, such rules beyond the 60-day period.’

For rules not yet published, the memorandum states, ‘With respect to rules that have been sent to the OFR [Office of the Federal Register] but not published in the Federal Register, immediately withdraw them from the OFR for review and approval . . .'”

Continue Reading at Forbes.com