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USCIS has reopened some offices

Starting June 4, USCIS began reopening some offices to the public. USCIS has taken some precautions against the spread of COVID-19, including providing hand sanitizer, requiring a face covering, and providing floor markings to ensure social distancing is practiced. Application Support Centers are still closed until further notice.

Recent Announcements from USCIS, DHS, and DOS

Last week, USCIS announced that for certain types of requests and notices issued between March 1 and July 1, 2020, inclusive, USCIS will consider responses received within 60 calendar days after the response due date set in the request or notice before taking any action. DHS announced that beginning May 1, 2020, Form I-9 List B identity documents set to expire on or after March 1, 2020, and not otherwise extended by the issuing authority, may be treated the same as if the employee presented a valid receipt for an acceptable document for Form I-9 purposes. DOS announced that starting June 1, 2020, the National Visa Center will no longer accept or respond to inquiries through mail, and all inquiries will need to be submitted through the online Public Inquiry Form.

USCIS Is No Longer Issuing Form N-560AB

USCIS announced that, effective April 10, 2020, it is no longer issuing Form N-560AB, Certificate of Citizenship. USCIS is now issuing Form N-560A for all Certificates of Citizenship associated with Forms N-600, N-600L and Child Citizenship Act adopted children. Previously issued Forms N-560AB remain valid.

USCIS has extended its office closures through May 3.

On April 1, USCIS announced that the temporary office closures in response to the COVID-19 pandemic have been extended to May 3. USCIS will continue to provide limited emergency services, including processing employment authorization extensions.

U.S. Magistrate Judge Finds USCIS Improperly Interpreted “Degree” to Require Specific Subspecialty for H-1B Visa

Earlier this month, a federal judge in North Carolina ruled that USCIS erred in denying an H-1B petition based on its finding that an engineering position did not qualify as a specialty occupation because it did not require a degree in a specific subspecialty.

USCIS and Covid 19 and RFE’s

In response to the Coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services announced that it is adopting a measure to assist applicants and petitioners who are responding to requests for evidence (RFEs) and notices of intent to deny (NOIDs) dated between March 1 and May 1, 2020.
For applicants and petitioners who receive an RFE or NOID dated between March 1 and May 1, 2020, any responses submitted within 60 calendar days after the response deadline set forth in the RFE or NOID will be considered by USCIS before any action is taken.
USCIS is adopting several measures to protect our workforce and community, and to minimize the immigration consequences for those seeking immigration benefits during this time.

The new public charge rule has been implemented.

On February 24, USCIS implemented the Trump administration’s updated public charge rule. The rule broadens the type of public benefits that are considered for inadmissibility determinations, including Temporary Assistance to Needy Families, Medicaid, and food stamps. Already considered were cash assistance programs. The rule applies to those seeking permanent residency, including change of status, as well as those seeking to extend their nonimmigrant status.

USCIS updated some forms

On December 2, USCIS posted updated editions to forms N-470, N-300, I-817, I-751, I-694, I-601, I-290B, I-192, I-191, I-129CW, and I-907. The new edition must be used immediately for Form I-907. The new edition must be used starting January 21, 2020 for Form I-817. The new edition must be used starting February 3, 2020 for forms N-470, I-751, I-601, I-290B, I-192, I-191, and I-129CW. The previous edition will continue to be accepted for forms N-300 and I-694.

USCIS Publishes Notice Extending Validity of TPS-Related Documentation for Six Countries

USCIS published a notice in the Federal Register stating that, in compliance with court orders issued as part of ongoing litigation, DHS is automatically extending the validity of TPS-related documentation for beneficiaries under the TPS designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan through January 4, 2021.

Petitioners can now file Form I-130 online.

 Effective immediately, USCIS has made Form I-130, Petition for Alien Relative, available for online filing. Acting USCIS Director Cuccinelli announced that this form is now the 8th available for online filing, and is part of the agency’s push to become paperless. Petitioners can also use the online portal to track their status, pay fees, communicate with USCIS, and respond to requests for evidence. The paper version of Form I-130 will still be accepted.