News

The United States District Court for the District of Nevada issued a first-of-its-kind ruling that Section 1326 of the Immigration and Nationality Act (INA) is unconstitutional. This is the first time a federal court judge has issued a ruling finding the INA provision unconstitutional, a ruling that is almost exclusively centered on the racist legislative background of Section 1326. Public opinion is split as to how it will fare on appeal. Several news sources reporting on the case are optimistic that it will stand, particularly given the change in administration and the tendencies of the Ninth Circuit in immigration matters. Other sources are sure the ruling will be struck down, not only because of its novelty but also because of very recent precedent from neighboring circuits holding exactly the opposite.

The Executive Office for Immigration Review (EOIR) is preparing a fee update for individuals involved in removal proceedings. The new regulations are expected to take effect in January. 2022. The last effort to adjust pricing remains blocked. Fee rules are being reviewed under the Biden Administration's “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans” Executive Order. The agency is now targeting January 2022 to publish the considered proposal to modify various portions of the final rule.

Immigration and Customs Enforcement (ICE) announced the extension of I-9 compliance flexibilities until December 31, 2021.  The extension was originally granted last year. This extension applies to employees hired on or after April 1, 2021, who are working exclusively in a remote setting due to Covid-19 precautions. Such employees will continue to be temporarily exempt from the physical inspection requirement associated with I-9 verification until they begin working in person on a “regular, consistent, or predictable” basis. If the I-9 compliance flexibilities are terminated before that time, in-person inspection will be required at that time even if the employee continues working remotely.

As many ILBSG clients can attest, green card processing can be a very long and frustrating process. In the last few years, immigration processing, in general, has been subject to lengthy adjudication and unexplained delays, often leaving those affected in difficult situations. While some delays have been unavoidable, such as those caused by the Covid-19 pandemic, others have seemed inefficient and unnecessary. A recent lawsuit has challenged one such delay, alleging that USCIS’ prolonged national interest screening is unlawful.

In Zubair v. USCIS, filed in the United States District Court for the District of Columbia, the complaint alleges that the plaintiff’s spouse’s visa was unreasonably delayed by USCIS under the Controlled Application Review and Resolution Program (CARRP) because the spouse is a native of Pakistan which is a predominantly Muslim country. The complaint alleges that the CARRP procedure used by USCIS is overbroad and results in delays beyond just those who are a legitimate national security concern for the United States. On that basis, the plaintiff is seeking a judgment declaring that CARRP violates the Immigration and Nationality Act, the United States Constitution, and administrative procedure.

Congress recently passed a bill that includes a blueprint regarding how legislation will be drawn for a pathway to citizenship and the issuance of green cards for millions of people. The bill is a resolution on what the federal government should “spend” and “receive” in revenue over the next fiscal year. The resolution has set a deadline of September 15, 2021, for the Senate Judiciary committee to lay out the fine details of the bill. As of now, there are no specifications on who is eligible for this benefit. The bill aims to provide lawful permanent status for qualified immigrants and green cards to millions of immigrant workers and families. This could include dreamers, migrant farmworkers plus those who hold temporary protected status who are unable to return to their home country and investing in border security.

The Biden administration is reportedly creating a plan that will resume travel to the U.S. for qualifying foreign nationals. One requirement is everyone is fully vaccinated for COVID-19 prior to entry along with legal approval to enter the country.

Per several reporting outlets, White House groups are working to create a new system to be ready to allow individuals to enter the U.S. from foreign countries. The approach is reportedly a phased plan that, with limited exceptions, requires a fully immunized status.

The "no blank space" rule rejection has been eliminated. Under the new rule, an individual whose form was rejected under the “No Blank Space” rule rejection policy may resubmit their request on or before July 20, 2022. If the individual resubmits their request before the deadline, they will receive a receipt for their filing which will show the filing date of the form as reflecting the date the original request was rejected; the filing date on the form will be the same date USCIS rejected the original form. This new rule applies to individuals even if they resubmitted their forms prior to the date USCIS settled this case.

A D.C. Federal judge ordered the U.S. Department of State to issue an additional 9,095 diversity visas. The Department had stopped processing visas for certain winners of the 2020 Diversity Visa Lottery based on Trump-era restrictions. The judge stated the Trump-era laws didn’t block these lottery winners’ visas.

This is a win for thousands of lottery winners who challenged the State Department’s “No-Visa Policy”. This policy was issued to temporarily ban individuals from entering the U.S. at the beginning of the COVID-19 pandemic.

The judge ordered the Department of State to adjudicate applications until the 9,095 diversity visas in reserve for the 2020 Fiscal year are filled. There is no timeline in place for this process. The findings of the case guide the State Department to work with the plaintiffs’ attorneys to negotiate a reasonable time frame.

A permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States. The process has distinct steps that are arduous and specific. Currently, processing delays are very long. It is critical employers begin the process as soon as possible. See how ILBSG can help you with your PERM process.

According to U.S. Citizenship and Immigration Services (USCIS), they are on track to approve more employment-based adjustment of status applications since the fiscal year 2005. As USCIS is processing a high-volume adjustment of status application, it’s best to be prepared. As such, USCIS is changing the validity period for medicals, Form I-693, from two years to four years. With the tight timeline to the end of the fiscal year and extended validity period for I-693, Report of Medical Examination, we recommend individuals file their current forms as soon as possible.