News

USCIS today confirmed that for all forms it has reverted to the form rejection criteria it applied before October 2019 regarding blank responses.

In 2019, USCIS changed the form rejection criteria for:

USCIS has reverted back to the rejection criteria that existed for these forms before October 2019. USCIS will no longer reject Form I-589, Form I-612 or Form I-918 if an applicant leaves a blank space.

As many of our clients are already aware, USCIS has completed the H-1B Lottery for FY 2022. Due to a high number of registrations, the number of candidates selected in the lottery for each petitioning company may be lower than usual. While many of our clients may be wondering what to do next, ILBSG encourages those not selected to explore other viable options – like recapturing a previously denied H-1B petition.

As ILBSG has reported earlier, USCIS has announced that it will consider Motions to Reopen / Reconsider filed for cases which were denied based on three recently rescinded policy memos. While an MTR must normally be filed within 30 days of the denial notice, USCIS has stated that it will consider MTRS filed beyond the deadline in its discretion. Since many of the affected cases were denied before the policy memos were struck down, this is only fair. This is important news for our clients who may have suffered from unfair H-1B denials in the last few years– particularly those who didn’t get selected in the lottery this year.

Below is a News Release from U.S. Immigration and Customs Enforcement (ICE):

U.S. Immigration and Customs Enforcement (ICE) today announced an extension of the flexibilities in rules related to Form I-9 compliance that was initially granted last year. Due to the continued precautions related to COVID-19, the Department of Homeland Security (DHS) will extend this policy until May 31, 2021.

The current extension includes guidance for employees hired on or after April 1, 2021, and work exclusively in a remote setting due to COVID-19-related precautions. Those employees are temporarily exempt from the physical inspection requirements associated with the Employment Eligibility Verification (Form I-9) until they undertake non-remote employment on a regular, consistent, or predictable basis or the extension of the flexibilities related to such requirements is terminated, whichever is earlier.

From the USCIS: USCIS has received enough electronic registrations during the initial registration period to reach the fiscal year (FY) 2022 H-1B numerical allocations (H-1B cap) including the advanced degree exemption (master’s cap). We randomly selected from among the registrations properly submitted to reach the cap. We have notified all prospective petitioners with selected registrations that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.

Throughout Friday evening and into Saturday morning, USCIS began updating H-1B Registrants regarding selection in the FY 2022 H-1B Cap. As of this morning, many registrations are now showing “Selected” in the USCIS accounts and selection notices have been uploaded for those candidates. This notice allows those selected to file an H-1B petition beginning on April 1, 2021. The filing period for selected H-1B registrations will be open until June 30, 2021. As in the past, H-1B approvals for the FY 2022 cap will have a start date of October 1.

More selection notices may be uploaded over the next few days and ILBSG will continue to monitor the USCIS accounts for updates. Last year, there was a second round of selection notices in September, which could happen again this year. Until USCIS updates a registration as “Not Selected” in the USCIS account, the registration remains pending for any future selection period.

FROM THE USCIS Website:

Release Date
03/24/2021

In response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners and requestors who are responding to certain:

- Requests for Evidence;
- Continuations to Request Evidence (N-14);
- Notices of Intent to Deny;
- Notices of Intent to Revoke;
- Notices of Intent to Rescind;
- Notices of Intent to Terminate regional centers; and
- Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

On Thursday, March 25, 2021, the USCIS Registration Period will end at 11 AM CST. ILBSG will continue to accept new registration requests until March 24, 2021, subject to complete information being provided, time constraints, and swift coordination with the law firm. We cannot guarantee submission for any registration added to the MyESQ portal on or after March 23, 2021.

Please note that the USCIS website is currently experiencing delays and outrages due to the increased traffic on the site, which we anticipate will continue until the period closes. As such, please register all remaining candidates on the MyESQ portal ASAP to ensure submission with USCIS. Time is now of the essence.

Today, the U.S. House of Representatives passed the American Dream and Promise Act, also know as the 'Dreamers Act'. The Act would provide a pathway to citizenship for over 2.3 million people who came to the U.S. as undocumented immigrants as minors.

Dreamers, those who arrived in the U.S. as minors and remain in the U.S. without legal residency, will need to pass certain background and educational checks. 

Certain individuals with Temporary Protected Status or Deferred Enforced Departure may also be able to apply for green cards.

A group of 14 states led by Texas hoping to readdress the Public Charge Rule were denied by the Seventh Circuit Court on March 15, 2021. The Public Charge Rule works against immigrants who may use certain public benefits. The Biden administrations will not defend the Public Charge Rule.

Previously, the U.S. Department of Homeland Security stated it would no longer support the rule in courts around the country. The policy has been the subject of lawsuits and been temporarily barred by multiple courts during the litigation process.

The U.S. State Department has completed a 45-day policy review on the denial of visas based on Proclamations 9645 or 9983. The Department has issued a report proposing how to address these visa applications following President Biden's signed Proclamation 10141, “Ending Discriminatory Bans on Entry to the United States”, which effectively eliminated the 'Muslim ban.'

The State Department will no longer deny visas to applicants from 13 specific countries, as named in the Trump Administration proclamations 9645 and 9983 based on nationality. The State Department issued a press release announcing the release of the report on March 8, 2021. Options are available for those where were previously denied visas under the Trump Administration proclamation.