News

Below is a news alert from NPR regarding an impending travel ban on any non-U.S. citizens or permanent residents coming to the U.S. from India:

The Biden administration is set to enact a travel ban on any non-U.S. citizens or permanent residents coming to the country from India, as multiple coronavirus variants have driven India's COVID-19 outbreak to troubling new heights. The policy will take effect starting on Tuesday May 4, the White House said.

India had already been under a Level 4 – Do Not Travel advisory from the State Department, which issued or updated scores of travel advisories related to the continued spread of the coronavirus last week. The new ban will take the precaution to a new level.

Once again, two bills focused on immigration processing have passed the U.S. House of Representatives. The two bills, the NO BAN Act and the Access to Counsel Act of 2021 passed predominantly along party lines with relatively close margins.

Similar versions of the current bills also passed the House in July 2020. Upon admission to the U.S. Senate, the bills were stalled at the close of the legislative session.

The NO BAN Act would amend the Immigration and Nationality Act, limiting the option of any U.S. president to block noncitizens from entering the U.S. solely based on the country of origin. The Act also prohibits religious discrimination when it comes to immigration decisions.

U.S. Citizenship and Immigration Services (USCIS) announced an update to the policy on deference to previous submissions. Specifically, USCIS issued updated policy guidance when reviewing a request for an extension of a petition involving the same parties and facts unless there was a material error, material change, or new material facts.

Over the past few weeks, many ILBSG clients have been asking about their H-1B registration selection notices. Many clients have concerns that the H-1B Cap indicated on the notice is not the one they registered under. However, this is totally normal and no cause for alarm. If this is your situation, your selection notice is not wrong, you simply may have been selected under a different H-1B cap than you anticipated. This article will explain why, but the important thing is that you were selected!

The Department of Homeland Security (DHS) is seeking feedback from the general public regarding how the U.S. Citizenship and Immigration Services (USCIS) can improve accessibility to immigration benefits and services.

The Request for Public Input is published in the Federal Register. DHS is seeing input to identify barriers to USCIS services. The focus includes but is not limited to:

Adjustment of status
Naturalization
H-1B nonimmigrant status
Refugee status,
Asylum, and
Parole.

The overarching purpose of the Request for Public Input is to improve equity by reducing unnecessary administrative work, complexity, confusion, and processing and waiting times. The public is invited to submit feedback about any processes or regulations that unfairly burden marginalized or disadvantaged communities.

U.S. Citizenship and Immigration Service (USCIS) has released the May 2021 Visa Bulletin. The bulletin USCIS has released notifies applicants if they are able to submit their I-485, Adjustment of Status Application next month. To be eligible to file an employment-based adjustment application in May, foreign nationals must have a priority date that is earlier than the date listed below for their preference category and country.

COVID-19 cases are on a seemingly vertical climb in India. The healthcare system is at the brink of collapse. And, sadly, lives are lost seemingly on a continuous basis. If you are in need of legal advice in order to travel due to the unfolding tragedy in India, ILBSG is offering advice with no fee nor an appointment.

Many of our current clients are suffering the loss of loved ones in India. We are working with them to help in whatever way we can. However, it is critical to understand the potential impact of traveling abroad while your I-485 is under consideration.

Leaving the United States once your I-485 has been filed is generally considered an abandonment of the application and will result in automatic termination of your application UNLESS (1) your Advance Parole (Form I-131) has been approved and you have received your card OR (2) you are currently in H or L Status only.

The U.S. Supreme Court will consider green card eligibility for immigrants with temporary protected status in the first week of April.

The Supreme Court will hear oral arguments Monday April 19, 2021 regarding eligibility of current temporary protection status holders (TPS) who came to the US illegally can qualify for green cards. This issue as long divided the circuit courts.

TPS status gives relief to deportation concerns and provides work permits to immigrants from specific countries who qualify as being in crisis. There are an estimated 400,000 individuals with TPS status in the United States. Qualifying countries include El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, and Yemen.

Two bills went to the House Judiciary Committee that could potentially provide protection to those who wish to enter the U.S. The ultimate goal of these bills is to prevent the creation of future travel bans.

The National Origin-Based Anti-discrimination for Non-immigrants Act, or NO BAN, seeks to stop discrimination based on religious affiliations and limits the president’s ability to bar individuals based on their nationality. The Access to Counsel Act of 2021 aims to ensure those held at U.S. ports of entry, whether U.S. citizens or foreign travelers, have the ability to access legal counsel.

Students who have an F-1 status and are seeking optional practical training (OPT) can now file Form I-765, Application for Employment Authorization online if they are filing under one of these categories:

(c)(3)(A) – Pre-Completion OPT;
(c)(3)(B) – Post-Completion OPT; and
(c)(3)(C) – 24-Month Extension of OPT for science, technology, engineering and mathematics (STEM) students.

The announcement of this change is from the U.S. Citizenship and Immigration Services, released today, April 12, 2021.