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USCIS extends flexibility for responding to agency requests.

Posted on March 30, 2021 by sethlerner1964

USCIS announced that it is extending the flexibilities it announced on March 30, 2020 to assist certain applicants, petitioners, and requestors. These individuals include those who are responding to requests for evidence, continuations, notices of intent to deny/revoke/rescind/terminate, and motions to reopen an N-400. Additionally, the agency will consider a Form I-290 or N-336 if the form was filed up to 60 calendar days from the issuance of a decision we made; and that decision was made anytime from March 1, 2020, through June 30, 2021. 

Filed under: Immigration Policy | Tagged: , , , | Leave a comment »

The Council and Partners Sue USCIS over Arbitrary Rejections of H-1B Petitions Filed After October 1

Posted on March 21, 2021 by sethlerner1964

The American Immigration Council and partners filed a lawsuit challenging USCIS’s arbitrary and capricious refusal to accept timely and properly filed H-1B petitions that are subject to the annual statutory cap on H-1B visa numbers. See the alternative to get a TN Visa.

https://cbocalbos.wordpress.com/tag/b2-visas/

https://cbocalbos.wordpress.com/tag/b1b2-visas/

https://californiaimmigration.us/president-obamas-immigration-reform-requirements-extends-visa-processing-employment-based-visas/

https://cbocalbos.wordpress.com/tag/business-visas/

Filed under: Visas | Tagged: , , , | Leave a comment »

SCIS Publishes Final Rule Restoring Previous Public Charge Regulations

Posted on March 21, 2021 by sethlerner1964

USCIS published a final rule, effective March 9, 2021, removing from the Code of Federal Regulations the regulatory text that DHS promulgated in the August 2019 public charge rule and restoring the regulatory text to appear as it did prior to the issuance of the August 2019 rule.

https://cbocalbos.wordpress.com/tag/lawsuit-against-new-public-charge-rule/

https://cbocalbos.wordpress.com/tag/new-public-charge-rule/

https://californiaimmigration.us/dhs-officially-issues-statement-on-2019-public-charge-rule/

https://cbocalbos.wordpress.com/tag/another-case-on-yet-the-public-charge-rule/

Filed under: public charge rules | Tagged: , , , , | Leave a comment »

Advance Copy Released of USCIS Final Rule Delaying Effective Date of Rule Creating Wage-Based Selection Process for H-1Bs

Posted on February 23, 2021 by sethlerner1964

An advance copy was made available of a USCIS final rule delaying until December 31, 2021, the effective date of the January 8, 2021, final rule creating a wage-based selection process for H-1Bs. The delayed effective date will be published in the Federal Register on February 8. Additionally, USCIS issued a policy memo noting that, in light of the Ninth Circuit’s decision in Innova Solutions v. Baran, effective immediately, USCIS is rescinding the 2017 policy memo (PM-602-0142), “Rescission of the December 22, 2000, ‘Guidance Memo on H1B Computer Related Positions.'”

https://cbocalbos.wordpress.com/tag/h-1b-visa-petition/

https://cbocalbos.wordpress.com/tag/e2-visa-petition/

https://californiaimmigration.us/visas/k-1-fiance/

https://cbocalbos.wordpress.com/tag/immigrant-visa-petition/

Filed under: Uncategorized, Visa Petition | Tagged: , , , | Leave a comment »

Advance Copy Released of USCIS Notification of Preliminary Injunctions Against Fee Rule

Posted on February 19, 2021 by sethlerner1964

An advance copy was made available of a USCIS notification of two preliminary injunctions issued in 2020 against the final rule significantly altering the USCIS fee schedule, which was published on August 3, 2020, with an effective date of October 2, 2020. The notification states that DHS is complying with the terms of these court orders and is not enforcing the regulatory changes set out in the final rule. USCIS will continue to accept the fees that were in place prior to October 2, 2020, and follow the guidance in place prior to October 2, 2020, to adjudicate fee waiver requests.

https://cbocalbos.wordpress.com/tag/regulations/

https://cbocalbos.wordpress.com/tag/new-asylum-regulations/

https://californiaimmigration.us/see-what-can-happen-if-you-dont-hire-an-immigration-attorney-in-los-angeles/

https://cbocalbos.wordpress.com/tag/employment-regulations/

Filed under: Regulations | Tagged: , , | Leave a comment »

4th Circuit revives claim over USCIS delays in processing U visa applications.

Posted on February 19, 2021 by sethlerner1964

 the 4th Circuit revived claims the USCIS has unreasonably delayed in placing five applicants for U visas on waiting lists so they can qualify for permits allowing them to work legally in the U.S. A unanimous three-judge panel said it was too early in the litigation to determine whether USCIS had reasonable policies in place for processing applications for U visas, which are issued to victims of serious crimes who cooperate with law enforcement, and a judge in North Carolina should not have granted the agency’s motion to dismiss.

https://cbocalbos.wordpress.com/tag/eimmigration-court/

https://cbocalbos.wordpress.com/tag/immigration-court/

https://cbocalbos.wordpress.com/tag/arizona-immigration-court/

https://californiaimmigration.us/losing-at-the-immigration-court-is-not-the-end-get-a-long-beach-deportation-lawyer-to-appeal-to-the-board-of-immigration-appeals/

Filed under: Court Decisions | Tagged: , , , , | Leave a comment »

USCIS Final Rule Strengthening H-1B Nonimmigrant Visa Classification Program Will Be Withdrawn by New Administration

Posted on February 19, 2021 by sethlerner1964

White House Chief of Staff Ron Klain issued a memorandum that directs, in part, that 1) all rules pending at the Federal Register that have not been published must be immediately withdrawn and 2) agencies must “consider” postponing the effective dates for regulations that have been published, but not yet taken effect, for 60 days from the memo’s date. As a result, the DHS final rule narrowly amending regulations to clarify how USCIS will determine whether there is an “employer-employee relationship” between the petitioner and the beneficiary for the purposes of qualifying as a “United States employer” will be withdrawn. As the two companion bulletins published by DOL on January 15, 2021, rely on the finalization of the DHS rule, it is likely that they will be withdrawn by DOL as well.

https://cbocalbos.wordpress.com/tag/employment-regulations/

https://cbocalbos.wordpress.com/tag/regulations/

https://cbocalbos.wordpress.com/tag/new-asylum-regulations/

https://californiaimmigration.us/new-immigration-reform-bill-makes-changes-prosecutorial-discretion/

Filed under: new regulations, Uncategorized | Tagged: , , | Leave a comment »

USCIS extends flexibility for responding to agency requests.

Posted on February 12, 2021 by sethlerner1964

SCIS announced that, in response to the coronavirus pandemic, the agency is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners, and requestors who are responding to certain requests for evidence, continuations, notices of intent, and motions to reopen, among other things. In addition, USCIS will consider a Form I-290B or Form N-336 if the form was filed up to 60 calendar days from the issuance of a decision the agency made and if the agency made that decision anytime from March 1, 2020, through March 31, 2021.

https://cbocalbos.wordpress.com/tag/criminal-laws-and-procedures/

https://cbocalbos.wordpress.com/tag/operating-policies-and-procedures-memorandum-oppm/

https://cbocalbos.wordpress.com/tag/procedures/

https://californiaimmigration.us/i-131-i-90-and-reentry-permit-renewals-procedures-and-other-permit-renewals-are-reviewed/

Filed under: Uncategorized, USCIS procedures | Tagged: , | Leave a comment »

USCIS Extends Flexibility for Responding to Certain Agency Requests

Posted on February 4, 2021 by sethlerner1964

USCIS announced that, in response to the ongoing COVID-19 pandemic, it is extending the flexibilities originally announced on March 30, 2020. These flexibilities apply to certain documents if the issuance date listed on the request, notice, or decision is between March 1, 2020, and March 31, 2021, inclusive.

https://cbocalbos.wordpress.com/tag/applications-to-uscis/

https://cbocalbos.wordpress.com/tag/payment-options-at-uscis-domestic-offices/

https://cbocalbos.wordpress.com/tag/uscis-extension/

https://californiaimmigration.us/uscis-announced-that-it-will-temporarily-accept-h-1b-petitions-filed-without-labor-conditions-applications-lca-that-have-been-certified-by-the-department-of-labor/

Filed under: immigration agencies | Tagged: , , , | Leave a comment »

USCIS Will End the Haitian Family Reunification Parole and Filipino World War II Veterans Parole Program

Posted on January 24, 2021 by sethlerner1964

USCIS announced that it will publish a notice in the Federal Register requesting public comments on revisions to Form I-131, Application for Travel Document, to remove sections relating to the Haitian Family Reunification Parole and the Filipino World War II Veterans Parole programs. These changes will terminate the programs when form instruction changes are finalized.

https://californiaimmigration.us/?s=haitan

https://cbocalbos.wordpress.com/tag/haitans/

https://cbocalbos.wordpress.com/tag/tps-for-haitans/

https://cbocalbos.wordpress.com/tag/filipino/

Filed under: Regulations | Tagged: , , , , | Leave a comment »

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