Background On January 21, 2022, U.S. Citizenship and Immigration Services (USCIS) released new guidance regarding requests for the “transfer of underlying basis” between employment-based categories, commonly referred to as “interfiling.” Due to an exceptionally high number of employment-based immigrant visas available in these categories for this fiscal year (Oct. 2021 through Sept. 2022), eligible applicants …
USCIS Reverses Course on Trump-Era Policy Instructing Officers Not to Give Deference to Previously Approved Petitions
In response to President Biden’s executive order, “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans,” U.S. Citizenship and Immigration Services (USCIS) issued a new policy on April 27, 2021, effective immediately, directing officers to “generally defer to prior determinations of eligibility when adjudicating petition extensions involving the …
President Proclamation 10052 Times Out: Now What for Nonimmigrant Visa Applicants?
April 1, 2021 marked the beginning of consular processing at U.S. consulates and embassies throughout the world without the restrictions imposed on certain nonimmigrant visa processing under Presidential Proclamation 10052, which went into effect on June 24, 2020 during the Trump administration (PP 10052).[1] The legal bases cited for the imposition of PP10052 were §212(f) …
USCIS Fees Set to Change on October 2, 2020
On August 3, 2020, the Department of Homeland Security (DHS) issued a final rule that makes sweeping changes to the U.S. Citizenship and Immigration Services (USCIS) fee schedule. It also removes certain fee exceptions, alters premium processing time limits, and mandates the use of new forms, among other changes. The rule is scheduled to take …
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State Department Expands National Interest Exceptions for Nonimmigrants Subject to Presidential Proclamation 10052
As employers continue to try to find ways for essential nonimmigrants and their dependents to be issued H-1B, H-2B, L-1, and J-1 (intern, trainee, teacher, camp counselor, au pair, or summer work travel program) visas subject to Presidential Proclamation 10052 (Proclamation 10052), on August 12, the State Department updated its list of examples (August 12 …
Premium Processing Resumes This Month for Desperate Employers and Their Employees
On March 20th, US Citizenship and Immigration Services (“USCIS”) announced the temporary suspension of premium processing for all Form I-129 and I-140 petitions, ostensibly due to the effects of the COVID-19 pandemic. Although the Administration’s true motives are often difficult to assess, on its face, the announcement was not all that different than we have …
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Special Considerations for Medical Professionals During the COVID-19 Pandemic
The COVID-19 National Emergency has now been effective in the United States for three months. During this time, guidance from federal agencies has been dynamic as the government adapts to the “new normal.” But even as the global health crisis halts nonessential travel and disrupts visa issuance to many foreign nationals, federal agencies have published …
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Pause in Immigrant Visa Processing Imposed by Presidential Proclamation – Effective April 23 for Sixty Days at Consular Posts
After numerous rumors in the past few days regarding the suspension of immigration to the United States (U.S.), President Trump’s Proclamation (Suspension Proclamation) was finally published on April 22. The Proclamation references the disruption of the economy post COVID-19 as a basis for the Proclamation. The Proclamation does not address the current dichotomy between family-based …
Visa Reciprocity Fees and E-2 Visa Adjudications – Targets for Change in 2020
Change is a constant in immigration visa adjudications and drastic changes can be implemented from one day to the next without much, if any, notice. For example, the reciprocity fees for the nonimmigrant visas for Australian citizens changed drastically on December 23, 2019.[1] For example, for E-1 and E-2 treaty trader/investor visas, the application fee …
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Consular Electronic Application Forms Add Social Media History Questions – Heads UP Visa Applicants!
Applicants for immigrant and nonimmigrant visas must use the Department of State’s Consular Electronic Application Center (CEAC) to complete on-line forms for nonimmigrant (DS-160) or immigrant (DS-260) visas. This week, applicants have started experiencing a new question on the form related to their social media presence. A screen shot of the question is inserted below. …