News

As of May 11, 2021, the Department of Homeland Security withdrew the proposed rule that would have eliminated the International Entrepreneur parole program.

The U.S. Department of State stated they will recognize birthright citizenship for children born abroad to married parents provided at least one parent is an American. This policy change makes it easier for some same-sex couples to pass citizenship to children born overseas.

There are some requirements for this provision, however. The child must have some sort of genetic or gestational tie to at least one of their parents to request birthright citizenship. This is in addition to the requirement that at least one parent is an American citizen.

A Ninth Circuit court ruling found U.S. residents not granted legal permanent residency prior to turning 18 can still qualify for citizenship through naturalized parents. Previously, courts found children must be under 18 to apply for citizenship through naturalized parents. A since-repealed U.S. law stated citizenship doesn’t require a child be granted legal permanent residency prior to turning 18.

There are two options for a child of naturalized citizen parents to get U.S. citizenship, referred to as derivative citizenship.

children who have permanent resident status when their parents are naturalized and
children who begin to reside permanently in the U.S. while under the age of 18.

USCIS released a statement today May 13, 2021, regarding the suspension of in-person biometrics for applicants requesting an extension of status (EOS) or change of status (COS) to H4, L2, and E nonimmigrant status. This temporary suspension will apply to applicants filing Form I-539 requesting EOS OR COS for specific situations.

This will have a significant impact on the processing of H4, H4 EAD, and L2 cases. It will provide sufficient time for USCIS to address the processing delays that have been exacerbated by limited ASC capacity due to COVID-19 health and safety protocols.

On May 11, 2021, FBI agents were at a Hindu Temple in New Jersey that was built under the organization of Bochasanwasi Akshar Purushottam Swaminarayan Sanstha (BAPS). There is a lawsuit filed against BAPS for human trafficking and wage law violations. The workers came to New Jersey under R-1 visas, but there were later claims of workers being severely underpaid and of being monitored, where they were told they were not allowed to leave. Last month, the New Jersey Department of Labor and Workforce Development issued a stop-work order against a construction company, one of whose projects was the BAPS temple in New Jersey.

There are many questions around National Interest Exceptions. In this article, we answer some of the FAQs we receive as well as some questions we anticipate. We cover the likelihood of approval, validity length, and give readers the process to follow to determine if you are eligible for National Interest Exceptions and what is required.

Consistent with the Executive Order 14012, Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans, and additional administration priorities to reduce barriers and undue burdens in the immigration system, the Department of Homeland Security has withdrawn the biometrics rule that was proposed on September 11, 2020. 

This proposed rule, among other things, would have significantly expanded department authorities and requirements for collecting biometrics; codified the authority to use DNA test results; and authorized the use of additional types of biometric modalities.

Beginning May 17, 2021, USCIS will suspend the biometrics requirement for certain I-539 applications till May 23, 2022. The biometrics suspension will apply to H-4, L-2, E-1, E-2, and E-3 categories.

If you have a pending application with USCIS for one of these categories on May 17, 2021 and have not received a biometrics notice, you will not receive a biometric services appointment notice.

Effective today, the U.S. has imposed travel restrictions on nonimmigrants traveling from India. The travel suspension does not apply to U.S. Citizens, Lawful Permanent Residents, or their spouses. Parents of U.S. Citizen children or Lawful Permanent Resident children are similarly exempted from the suspension, as long as the children are unmarried and under the age of 21. There are some other exemptions, including those for humanitarian effort workers, foreign students enrolling in Fall 2021 programs, educators, and journalists. This article, however, will specifically address considerations for those who currently hold or seek to hold H-1B status.

Since the travel suspension will continue until formally lifted by the U.S., this guidance should be carefully reviewed and taken into consideration for all H-1B employees or those seeking to change status to H-1B. At this time, there is no estimated end date for the travel suspension, since it will be based on the Covid-19 numbers and infection rate in India.

Last week, President Biden announced travel restrictions for individuals traveling to the United States from India. The restrictions are a response to the rapid expansion of infections of COVID-19 and its variants. India recently reported over 200,000 new cases on a daily basis with 3,000 deaths. The US is sending aid as quickly as possible, in the form of vaccinations and medical supplies. However, if you are planning on traveling to or from India, the restrictions affect you immediately. This is what you need to know.