News

U.S. Customs and Immigration Services (USCIS) extended the credit card payment pilot program to all service centers. The form G-1450, Authorization for Credit Card Transactions, must be used for all forms with some exceptions. Specifically, Form I-129, Petition for a Nonimmigrant Worker, for H-1B and H-2A petitions will not use G-1450, Authorization for Credit Card Transactions.

The pilot is an effort to give users the ability to use digital payments with a credit card at all service centers. Upon the conclusion of the pilot, results will be evaluated to determine the next steps. The program began in May 2021 for U nonimmigrants filing Form I-485, Application to Register Permanent Residence or Adjust Status at the Nebraska Service Center.

The Biden Administration received a temporary reprieve from an order to process delayed diversity visas by September 30, 2022. The original request, which is granted, was due to the administration pursuing an appellate review. The outstanding diversity visa processing entries are from the fiscal year 2020.

The 30-day reprieve gives time for an expedited appellate review. The order, prior to the 30-day reprieve, requires the complete processing of 9,095 diversity visas from 2020. The administration must request an expedited decision from the D.C. Circuit within seven days. Depending on the outcome after the 30-day reprieve, the courts will consider an extension of the stay.

The U.S. Department of Homeland Security (DHS) has instituted a policy enabling E and L-1 nonimmigrant dependent spouses employment authorization immediately upon their lawful admission into the U.S. This eliminates the need for these dependents to file an Application for Employment Authorization with U.S Citizenship and Immigration Services (USCIS) avoiding the long delays in processing these applications.

In his first State of the Union (SOTU) address, President Biden presented his perspective on immigration policy, focusing on a more efficient and fair system. Continued support for strong border controls alongside providing a path to citizenship for qualifying unauthorized immigrants was emphasized. In addition, Biden highlighted the need for faster processing for employment and family-based immigration.

The U.S. Embassy site removed the ‘coming soon’ statement from the Indian embassy webpage regarding the 20,000 Drop Box appointments. Originally, appointment availability was announced in January 2022 and stated that they would become available in Spring 2022. With the removal of the ‘coming soon’ statement, it is possible that additional appointments are now available.

USCIS announced that as of April 1, 2022, applications filed with H-1B petitions (including H-4 and H-4 EAD applications for H-1B dependents) must include separate checks for each USCIS fee payment. In other words, the H-1B payment and any other application included in the H-1B filing can no longer be issued on a single check. The H-1B payment for the filing fee must be on its own check, with the H-4 filing fee on a separate check, and so on. Failure to include separate checks for the respective filing fees for applications filed together will result in USCIS rejection. The only exception is for premium processing, which USCIS has confirmed can be combined with the H-1B filing fee on a single check.

Previously, when an applicant requested both Employment Authorization Document (EAD) and Advance Parole (AP), U.S. Citizenship & Immigration Services (USCIS) issued a combination card that was used both for employment and travel authorization. The card was notated with “Serves As I-512 Advance Prole” at the bottom to indicate it can be used for traveling purposes as well as employment. This made it simple for clients to carry. However, our clients who have submitted EAD and AP together based on pending Adjustment of Status (AOS) applications are receiving approvals for EAD without the AP.

More recently, USCIS has changed its process and has been approving the EAD without AP noting at the bottom of the EAD card “Not valid for Reentry to U.S.” It's critical to understand how this affects the wait time for processing, EADs and APs.

Whether or not Immigrants sentenced to probation for aggravated felony charges are subject to removal from the U.S. is unclear. The U.S. Supreme Court refused to consider the case. The potential mandatory removal eliminates immigrants from most types of deportation relief.

The case under consideration is under the Eleventh Circuit. In that ruling, an immigrant probation sentence for two separate battery charges may be considered as suspended imprisonment. The Immigration and Nationality Act (INA) removes most deportation relief from individuals who commit aggravated felonies. Aggravated felonies are considered crimes of violence. Generally, these felonies include imprisonment for a minimum of one year. If the probation periods are considered suspended imprisonment, the immigrant is subject to mandatory deportation and loss of relief.

USCIS issued a statement again urging eligible applicants with a pending green card application in the EB-3 category to consider transferring their application to EB-2, citing the “exceptionally high number of employment-based immigrant visas available in these categories during this fiscal year,” which ends in September 2022. This follows the statement issued by USCIS last month, which outlined a new interfiling process to facilitate these kinds of transfers. You can read more about this process on the USCIS webpage for employment-based green cards, under “Transfer of Underlying Basis.” To be eligible for an EB-3 to EB-2 transfer, an applicant must have an approved I-140 in the EB-2 preference category.

Increasingly, H-1B employees are interested in working on more than one project as the availability of fully remote work is now more feasible. Whether looking to work for two different H-1B employers or to work on more than one project for the same H-1B employer or working in multiple locations, these scenarios must be carefully addressed by hiring companies to ensure complete compliance with all applicable immigration and employment laws. The effects on the post-pandemic work environment and subsequent compliance have changed as well.

As the post-pandemic work environment has shifted to more remote work, we remind clients to be diligent and make sure all H-1B requirements are satisfied.