USCIS Provide Updates on Evidence of Employment Authorization for E and L Spouses

Following the November 12, 2021, announcement that USCIS would now be granting employment authorization to E and L dependent spouses incident to status, USCIS has updated its Policy Manual to provide clarity on what documentation eligible spouses may present to evidence their employment authorization for purposes of completing a Form I-9 Employment Eligibility Verification.

As of January 30, 2022, any E or L dependent spouse who has an unexpired Form I-94 with a Class of Admission (COA) code stating E-1S, E-2S, E-3S or L-2S can present that I-94 as an acceptable List C document to evidence employment authorization for I-9 purposes.

In addition, starting on or about April 1, 2022, E and L spouses age 21 and older with an unexpired Form I-94 issued before January 30, 2022, will be mailed a notice along with a new unexpired I-94 reflecting the new employment authorized COA code. E and L spouses under the age of 21 and those who have not received a notice by April 30, 2022, can email E-L-married-U21@uscis.dhs.gov to request a notice.

Department of State April 2022 Visa Bulletin Summary

The Department of State has released the April Visa Bulletin. D&S provides a Monthly Summary of the family- and employment-based priority dates. USCIS has yet to confirm whether, in March 2022, it will accept adjustment of status applications for family- and employment-based petitions based on Dates for Filing or Final Action Dates.. 

With respect to Final Action Dates, EB-1 China and EB-1 India will both remain current. With the exception of India and China, all other EB-2 countries of chargeability will remain current. EB-2 China will remain unchanged at March 1, 2019, and EB-2 India will move forward over two months to July 8, 2013. All EB-3 categories except India and China will remain current. EB-3 China will remain unchanged at March 22, 2018, and EB-3 India will remain unchanged at January 15, 2012. 

The EB-5 Regional Center program has been reauthorized by Congress and certain Regional Center Program aspects of this legislation go into effect 60 days after the date of the reauthorization.  As a result, this category will not be available for April 2022. Final action dates for the EB-5 Non-Regional Center program will remain  current for all countries of chargeability. 

With respect to Application Filing Dates, all categories will remain unchanged from March 2022 with the exception of EB-2 India, which advances on year to September 1, 2014.


DHS Designates Afghanistan for Temporary Protected Status

The Department of Homeland Security (DHS) has announced the designation of Afghanistan for Temporary Protected Status (TPS) for 18 months.

Individuals eligible for TPS under this designation must have continuously resided in the United States since March 15, 2022 and must meet all eligibility requirements and undergo security and background checks.

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DHS Proposes New Public Charge Rule

This week the Department of Homeland Security (DHS) posted an advance copy of a new proposed rule that will be published in the Federal Register in the coming days. The proposed rule is being described as a “Fair and Humane” Public Charge Rule in contrast to the 2019 Rule proposed by the Trump Administration which greatly expanded the types of public benefits that could render someone likely to become a public charge and, thus, inadmissible to the United States. Secretary of Homeland Security Alejandro N. Mayorkas described the Trump era public charge rule as “not consistent with our nation’s values” and stated that the new proposed rule would “return to the historical understanding of the term ‘public charge’ and individuals will not be penalized for choosing to access the health benefits and other supplemental government services available to them.”

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State Department March 2022 Visa Bulletin Summary

The Department of State has released the March Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. USCIS has confirmed that in March 2022, it will accept adjustment of status applications for family- and employment-based petitions based on Dates for Filing. 

With respect to Final Action Dates, EB-1 China and EB-1 India will both remain current. With the exception of India and China, all other EB-2 countries of chargeability will remain current. EB-2 China will remain unchanged at March 1, 2019, and EB-2 India will move forward over four months to May 13, 2013. All EB-3 categories except India and China will remain current. EB-3 China will remain unchanged  at March 22, 2018, and EB-3 India will remain unchanged at January 15, 2012. 

The EB-5 Regional Center program has not been reauthorized by Congress.  As a result, this category will not be available for March 2022. Final action dates for the EB-5 Non-Regional Center program will remain  current for all countries of chargeability. 

With respect to Application Filing Dates, all categories will remain unchanged from December 2021.


State Department February 2022 Visa Bulletin Summary

The Department of State has released the February Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. USCIS has confirmed that in February 2022, it will accept adjustment of status applications for family- and employment-based petitions based on Dates for Filing. 

With respect to Final Action Dates, EB-1 China and EB-1 India will both remain current. With the exception of India and China, all other EB-2 countries of chargeability will remain current. EB-2 China will move forward more than five weeks to March 1, 2019 and EB-2 India will move forward nearly six months to January 1, 2013. All EB-3 categories except India and China will remain current. EB-3 China will remain at March 22, 2018 and EB-3 India will remain at January 15, 2012. 

The EB-5 Regional Center program has not been reauthorized by Congress.  As a result, this category will not be available for November 2021. Final action dates for the EB-5 Non-Regional Center program will remain  current for all countries of chargeability. 

With respect to Application Filing Dates, all categories will remain unchanged from December except EB-2 India, which advances nearly 2 months to September 1, 2013.


State Department January 2022 Visa Bulletin Summary

The Department of State has released the January Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. USCIS has confirmed that  in January 2022, it will accept adjustment of status applications for family- and employment-based petitions based on Dates for Filing. 

With respect to Final Action Dates, EB-1 China and EB-1 India will both remain current. With the exception of India and China, all other EB-2 countries of chargeability will remain current. EB-2 China will move forward three weeks to January 22, 2019 and EB-2 India will move forward just over three months to July 8, 2012. All EB-3 categories except India and China will remain current. EB-3 China will remain at March 22, 2018 and EB-3 India will remain at January 15, 2012. 

The EB-5 Regional Center program has not been reauthorized by Congress.  As a result, this category will not be available for November 2021. Final action dates for the EB-5 Non-Regional Center program will become  current for all countries of chargeability. 

With respect to Application Filing Dates, all categories will remain unchanged from December except EB-5 China non-regional center, which will become current.


Biden Administration Announces New COVID-19 Travel Ban for Several African Countries In Response to Omicron Variant

President Biden issued a Proclamation that took effect at 12:01 am EST on November 29th, 2021 banning the entry of foreign nationals who have been physically present in Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, and Zimbabwe within 14 days of travel to the United States, unless they qualify for an exception or exemption.

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State Department December 2021 Visa Bulletin Summary

The Department of State has released the December 2021 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. USCIS has not yet confirmed whether, in December 2021, it will accept adjustment of status applications for employment-based petitions based on Final Action Dates or Dates for Filing. 

With respect to Final Action Dates, EB-1 China and EB-1 India will both remain current. With the exception of India and China, all other EB-2 countries of chargeability will remain current. EB-2 China will move forward six weeks to January 1, 2019 and EB-2 India will move forward five months to May 1, 2012. All EB-3 categories except India and China will remain current. EB-3 China will remain at March 22, 2018 and EB-3 India will remain at January 15, 2012. 

The EB-5 Regional Center program has not been reauthorized by Congress.  As a result, this category will not be available for December 2021. Final action dates for the EB-5 Non-Regional Center program will become  current for all countries of chargeability. 

With respect to Application Filing Dates, all categories will remain unchanged from September except EB-2 and EB-3 for both China and India. EB-2 China will move forward two months to April 1, 2019.   EB-2 India advances seven months to July 8, 2013. EB-3 China remains at April 1, 2018, and EB-3 India remains at January 22, 2012.


Settlement in Federal Lawsuit Results in Significant Changes to H-4, L and E Work Permits

Today it was announced that Lawyers from the American Immigration Lawyers Association (AILA) reached a settlement with the Department of Homeland Security (DHS) in Shergill, et al. v. Mayorkas, which provides meaningful relief to H-4 and L-2 nonimmigrants facing historic processing delays for dependent spousal work permits (also known as Employment Authorization Documents or EAD cards). We outline these new changes below.

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Overview of Biden Administration's New Vaccine Requirements

On October 25, 2021, the White House issued a new Presidential Proclamation announcing that the country-specific travel bans which have been in place since the Spring of 2020 would be rescinded effective November 8th, 2021. The bans will instead be replaced by new vaccine and testing requirements for international travelers coming to the United States. The Center for Disease Control (CDC) and Department of State subsequently released updated guidance and FAQs outlining the specifics of the new travel requirements, the details of which are summarized below.

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November 8, 2021 Announced as End Date for COVID-19 Travel Bans for Vaccinated Travelers

White House assistant press secretary, Kevin Munoz, has announced via Twitter that November 8, 2021 will mark the end date for the current country-specificCOVID-19 travel restrictions. The White House also confirmed the date applies to both international air travel and land travel.

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State Department November 2021 Visa Bulletin Summary

The Department of State has released the November Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. USCIS has advised that, in November 2021, it will accept adjustment of status applications for employment-based petitions based on Dates for Filing. 

With respect to Final Action Dates, EB-1 China and EB-1 India will both remain current. With the exception of India and China, all other EB-2 countries of chargeability will remain current. EB-2 China will move forward over four months to November 15, 2018  and EB-2 India will move forward three months to December 1, 2011. All EB-3 categories except India and China will remain current. EB-3 China will retrogress over nine months to March 22, 2018 and EB-3 India will retrogress almost two years to January 5, 2012. 

The EB-5 Regional Center program has not been reauthorized by Congress.  As a result, this category will not be available for November 2021. Final action dates for the EB-5 Non-Regional Center program remain current for all countries of chargeability except China, which will move forward one week to  November 22, 2015. 

With respect to Application Filing Dates, all categories will remain unchanged from September except EB-2 and EB-3 for both China and India. EB-2 China will  move forward five months to February 1, 2019.   EB-2 India advances six months January 8, 2013. EB-3 China retrogresses nine months to April 1, 2018, and EB-3 India and “Other Workers” India both retrogress almost two years to January 22, 2012.


UPDATED: Administration to Lift COVID-19 Travel Bans Starting in November for Vaccinated Travelers

Please note that an earlier version of this post has been updated to reflect additional information provided by the White House since several major news outlets began reporting about the rescission of the COVID-19 travel bans this morning.

Today, the Biden Administration announced that, beginning in early November, it will be easing country-specific COVID-19 travel restrictions. More specifically, the White House will rescind the current geographic COVID-19 related travel bans currently restricting travel to the U.S. for individuals present in China, Iran, the Schengen Area, U.K., Ireland, Brazil, South Africa, and India in the 14 day preceding their entry to the United States. Instead, the Administration will be implementing new measures to deter the spread of COVID-19 based on individuals, rather than restrictions placed on physical presence in a specific country or region.

The new COVID-19 prevention measures will include a requirement that all international travelers prove that they have been fully vaccinated against COVID-19 in addition to the existing CDC requirement that all travelers to the U.S. must provide proof of a negative COVID-19 test within three days of boarding a flight to the United States. The CDC is expected to provide more information as to which vaccines will be accepted.

The Administration will offer limited exceptions such as for children too young to be vaccinated; individuals participating in COVID-19 vaccine clinical trials; and humanitarian exceptions for people traveling for an important reason and who lack access to vaccination in a timely manner. The Administration has also indicated that individuals who are exempted from the vaccine requirement may be required to be vaccinated upon arrival in the United States.

During the formal announcement expected later today, the Administration is expected to make further recommendations to stop the spread of COVID-19, including (1) continuing the mask mandate through January 18, 2022; (2) expanding pre-departure and post-arrival testing requirements; and (3) implementing a contact tracing order for airlines.

D&S will continue to monitor this developing situation and provide updates as more details become available.

State Department October 2021 Visa Bulletin Summary

The Department of State has released the October Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. USCIS has advised that, in October 2021, it will accept adjustment of status applications for employment-based petitions based on Dates for Filing. 

With respect to Final Action Dates, EB-1 China and EB-1 India will both remain current. With the exception of India and China, all other EB-2 countries of chargeability will remain current. EB-2 China will remain unchanged at July 1, 2018 and EB-2 India will remain unchanged at September 1, 2011. All EB-3 categories except India and China will remain current. EB-3 China will remain at January  8, 2019, and EB-3 India will remain at January 1, 2014.

The EB-5 Regional Center program has not been reauthorized by Congress.  As a result, this category will not be available for September 2021. Final action dates for the EB-5 Non-Regional Center program remain current for all countries of chargeability except China, which will remain at  November 15, 2015, and Vietnam, which will remain current. 

With respect to Application Filing Dates, all categories will remain unchanged from September except EB-3 China, which retrogresses over five months to January 15, 2019.  EB-2 India advances over seven months to July 8, 2012, and EB-3 India and “Other Workers” retrogress over two months to January 8, 2014.


USCIS to Begin Issuing I-751 and I-829 Receipt Notices with 24 Month Validity Period

This week, USCIS announced that starting on September 4, 2021, filing receipts issued for properly filed I-751 petitions and I-829 petitions requesting removal of conditions on residence will now indicate that the petitioner’s status is extended for 24 months, rather than the previous 18 months .

USCIS also indicated that it will be issuing updated receipt notices to petitions filed prior to September 4, 2021, that remain pending so that these individuals can also benefit from the 24 extension of conditional permanent resident status. The agency, however, has not provided a timeline for when individuals can expect to start receiving these.

USCIS has indicated that the extension from 18 to 24 months is to accommodate extended processing times for these petitions, which the agency indicates have increased over the last year.