Articles Posted in Executive Actions

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In today’s blog post, we are happy to bring our readers some very exciting news.

On April 26, 2021, the Department of State formally announced a new National Interest Determination for certain categories of nonimmigrant visa applicants currently unable to enter the United States due to COVID-19 related Regional Presidential Proclamations issued earlier this year. This new determination will allow certain travelers to obtain their visas and enter the United States, despite the issuance of COVID-19 related Regional Presidential Proclamations, known as Presidential Proclamations 9984, 9992, and 10143.

These Proclamations were issued early last year to prevent the rapid spread of COVID-19 to the United States, specifically from China, Iran, Brazil, South Africa, the Schengen countries, the United Kingdom, and Ireland.

Such Proclamations had the effect of restricting and suspending the entry into the United States, of both immigrants and nonimmigrants, who were physically present within the Schengen Area, Brazil, China, the United Kingdom, Ireland, South Africa, and Iran, during the 14-day period preceding their entry or attempted entry into the United States. Few categories of individuals were exempted from these Presidential Proclamations, including lawful permanent residents of the United States (green card holders), spouses of U.S. Citizens or lawful permanent residents, and others who were similarly exempted.

Individuals who have not been specifically exempted from the Regional Proclamations and have remained physically present in the impacted regions, have been unable to proceed with visa processing. Consulates worldwide have refused to grant visas to these individuals due to the enforcement of the Proclamations.

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Welcome back to Visalawyerblog! It is the start of a brand new and exciting week in the world of immigration. In this post, we bring you the latest immigration updates from the U.S. Department of State’s Bureau of Consular Affairs.

In a recent post on their Facebook page, the Bureau published a Frequently Asked Questions guide addressing the Immigrant Visa Backlog, including information about what Consulates are doing to help reduce the backlogs, and helpful information for K-1 visa applicants, Diversity Visa lottery applicants, and interview scheduling for employment-based applicants.

Want to know more? Check out the Q & A below:

 


Frequently Asked Questions Regarding the Immigrant Visa Backlog


Q: Why are there still immigrant visa interview backlogs?

A: Our number one priority is the safety of our applicants and our staff. The IV (Immigrant Visa) interview backlog has developed because of limitations in staffing and other COVID-related operational constraints preventing us from processing the same volume of applicants as pre-pandemic. In addition, Presidential Proclamation 10014 and geographic COVID proclamations restricted visa processing for many immigrants for nearly a year; it will take time to process the cases that were impacted by these travel restrictions.

Q: What are you doing to decrease the backlog?

A: We are committed to decreasing this backlog by prioritizing certain visas, creating efficiencies in the visa process, and utilizing all available resources until our task is accomplished. Applicants should check the website of their nearest U.S. embassy or consulate for updates on what visa services are currently available.

Q: Are virtual/Zoom interviews available for Immigrant Visa applicants?

A: No. Current regulations require all immigrant visa applicants to appear in person before a consular officer.

Q: I live near a U.S. Consulate, but they do not process Immigrant Visas at that particular location and therefore I am forced to travel a long distance to appear for my interview. Why don’t you process IV interviews at every U.S. Embassy/Consulate?

A: As the best use of limited U.S. government resources, immigrant visa processing is consolidated in certain embassies and consulates. The Department of State continuously reviews the services we provide to best balance our service standards with efficient use of resources.

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We are excited to report some happy news for immigrant visa applicants and fiancé(e)’s of U.S. Citizens, who were previously subject to the COVID-19 Regional Presidential Proclamations, known as Presidential Proclamations 9984, 9992, 9993, and 10041.

Together, these Proclamations restricted and suspended the entry into the United States, of immigrants and nonimmigrants, who were physically present within the Schengen Area, Brazil, China, the United Kingdom, Ireland, South Africa, and Iran, during the 14-day period preceding their entry or attempted entry into the United States. The COVID-19 Regional Proclamations were issued by the Trump administration beginning in January of 2020 to combat the rise of Coronavirus cases throughout the world.

Today, April 8, 2021, the Department of State published an announcement informing the public that the Secretary of State has now determined that travel to the United States, on an immigrant visa or fiancé(e) visa, is in the national interest for purposes of granting exceptions under the geographic COVID-19 Presidential Proclamations known as P.P. 9984, 9992, 9993, and 10041.

Pursuant to this new announcement, immigrant visa processing posts may now grant immigrant visas and fiancé(e) visas to applicants otherwise eligible, notwithstanding these proclamations. This means that the travel restrictions previously in force under Presidential Proclamations 9984, 9992, 9993, and 10041, will no longer apply to immigrant and fiancé(e) visa applicants physically residing in the Schengen Area, Brazil, China, the United Kingdom, Ireland, South Africa, and Iran. As a result, such immigrant and fiancé(e) visa applicants will now be eligible to obtain their visas without the added hurdle of overcoming the COVID-19 Presidential Proclamations.

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Happy Friday! In this blog post, we bring you the latest immigration updates including exciting information about the H-1B cap season for FY 2022 now in full swing, USCIS Flexibility to RFEs/NOIDs and other agency requests, and the Department of State’s update regarding the 2018 Public Charge rule.


H-1B Cap FY 2022 News


The H-1B cap season is now upon us. On March 9, 2021, USCIS opened the mandatory H-1B electronic registration system, in preparation for selection of visas under the H-1B cap for fiscal year 2022. Last year, USCIS introduced a brand-new electronic registration process for the H-1B cap, including the advanced degree exemption. The electronic registration system has been implemented to streamline the application process. Gone are the days when all petitioners were required to submit a paper application by mail for a chance of being selected.

Now the electronic registration process requires prospective H-1B petitioners, seeking authorization to employ H-1B workers subject to the cap, to complete an electronic registration on the USCIS website that asks for basic information about the prospective petitioner and each requested worker.

Only those who submit an electronic registration have a chance of being selected to participate in the H-1B visa lottery. Additionally, only those with a selected registration are invited to submit a paper application by mail to establish eligibility for an H-1B visa.

Yesterday, March 25, 2021, the electronic registration period officially closed. USCIS will now go through the process of randomly selecting from eligible registrations to fill the H-1B cap.

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We are pleased to report that the Department of State has issued new guidance following President Biden’s rescission of Presidential Proclamation 10014, entitled “Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak.”

As you may recall, President Biden issued an executive order rescinding Proclamation 10014 on February 24, 2021.

The Department of State is now providing instructions for immigrant visa applicants who were previously impacted by the Proclamation.

Instructions for Immigrant Visa Applicants

Those Not Yet Interviewed:  Immigrant visa applicants who have not yet been interviewed or scheduled for an interview will have their applications processed according to the existing phased resumption of visa services framework being followed by the Department of State.

How will the resumption of visa services be prioritized?

According to DOS, the resumption of routine visa services, prioritized after services to U.S. citizens, will occur on a post-by-post basis, consistent with the Department’s guidance for safely returning personnel to Department facilities.

At the moment, U.S. Embassies and Consulates are providing emergency and mission-critical visa services and will continue to do so. As post-specific conditions improve, each mission will decide when it can begin to provide additional services. Eventually each mission will gradually restore a complete resumption of routine visa services. However, Consular posts have not provided any specific date as to when they will resume normal operations.

Those Previously Refused:  Immigrant visa applicants whose petitions remain valid and who were previously interviewed but refused visas due to P.P. 10014 should wait for instructions from the U.S. embassy or consulate where they were interviewed.  According to DOS guidance, Consulates will reconsider cases that were previously refused because of P.P. 10014 and will inform applicants if additional information is needed from them.

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Source: Flickr Creative Commons License, Gage Skidmore

In this blog post, we bring you some long-awaited news. In a much-anticipated move, the Biden administration decided on Wednesday, February 24, 2021, to immediately revoke Presidential Proclamation 10014, a controversial order passed under former President Donald Trump that halted the issuance of most U.S. visas at Consulates and Embassies worldwide.

Our office has known since early January that the Biden administration was planning to revoke this Proclamation, and yesterday the rumors were finally put to rest.

Presidential Proclamation 10014 is no more.


What was Presidential Proclamation 10014 about?


P.P. 10014 essentially imposed a 60-day ban on the issuance of visas for most immigrant and nonimmigrant visa categories. The Proclamation began on April 23, 2020 and was set to continue by President Trump until March 31, 2020.

P.P. 10014 proved to be exceedingly harmful given the wide variety of immigrants to which it applied.

Specifically, the order halted the issuance of U.S. visas for the following classes of immigrants at U.S. Consulates and Embassies worldwide as of the date of the proclamation (April 23, 2020):

  • Spouses and children of green card holders (US citizens were not affected) applying at the consulate
  • Parents of US citizens applying at the consulate
  • Brothers and sisters of US citizens applying at the consulate
  • Sons and daughters (meaning over 21 years old) of US citizens applying at the consulate (children under 21 years old of US citizens were not affected)
  • Sons and daughters (meaning over 21 years old) of green card holders applying at the consulate
  • EB1A extraordinary abilities and their family applying at the consulate
  • PERM EB3, PERM EB2, NIW employment based and their family applying at the consulate
  • EB4 religious workers immigrants applying at the consulate
  • H1B and H4 dependents applying at the consulate
  • L1 and L2 applying at the consulate
  • J1 applying at the consulate  

Individuals residing in the United States and those who had a valid visa or travel document to enter the United States, on or before the date of the proclamation, were not impacted.

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Happy Thursday! We are back with a brand-new blog post. Today, we continue discussing President Biden’s recent executive actions on immigration. This time we are breaking down Executive Order entitled, “the Establishment of the Interagency Task Force on the Reunification of Families.”

So, what exactly does this executive order mean for you and your family?

This new executive order will prioritize the reunification of children who have been separated from their family members at the United States/Mexico border by establishing an Interagency Task Force on the Reunification of Families.

The heads of several agencies including the Secretary of Homeland Security, Secretary of State, and others will take part in the Task Force and perform the following functions:

  • Identify all children who have been separated from their families at the border between January 20, 2017, and January 20, 2021 Continue reading

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Welcome back to Visalawyerblog! In this post, we continue with our efforts to provide our readers with an overview of President Biden’s recent executive orders on immigration.

Last week, we discussed the major provisions of Executive Order, “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans.”

In today’s blog post, we continue to break down President Biden’s new executive orders focusing specifically on, “Creating a Comprehensive Regional Framework to Address the Causes of Migration, Manage Migration Throughout North and Central America, and to Provide Safe and Orderly Processing of Asylum Seekers at the United States Border,” and what it means for you.


What is this Executive Order all about?


President Biden signed this executive order on February 2, 2021, to create a multi-pronged approach that will help the United States manage and address the root cause of mass migration from North and Central America.

President Biden plans to work with civil society, international organizations, and govenments in the region to create a strategy that will increase opportunities for vulnerable groups of immigrants to apply for asylum protection closer to home. With this order, his administration hopes to streamline the asylum process in these regions by expanding systems and resettlement capacity.

Among its provisions, the order will increase lawful pathways for vulnerable groups of people to immigrate to the United States, while strengthening our asylum system.

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It’s been an exciting week in the world of immigration. As we had been expecting, on Tuesday President Biden signed a fresh batch of executive orders directly impacting our immigration system.

These include (1) Executive Order on, “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans,” (2) Executive Order entitled, “Creating a Comprehensive Regional Framework to Address the Causes of Migration, Manage Migration Throughout North and Central America, and to Provide Safe and Orderly Processing of Asylum Seekers at the United States Border,” and (3) Executive Order on, “the Establishment of Interagency Task Force on the Reunification of Families.

In this blog post, we will discuss the major provisions of the Executive Order entitled, “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion for New Americans,” and what this order means for you.

*Please note we will discuss the other two orders in separate upcoming blog posts.


EO – Restoring Faith in Our Legal Immigration System and Strengthening Integration and Inclusion for New Americans


First, we will discuss the President’s initiative to create a new task force that will promote integration and inclusion of foreign born immigrants, dismantle harmful policies arising from the public charge ground of inadmissibility, promote naturalization, and initiative to revoke former President Trump’s memorandum on enforcing the legal responsibilities of sponsors of aliens.

Task Force on New Americans

This executive order was created in order to promote integration and inclusion for immigrant communities including asylees and refugees. In line with this new executive order, the President has ordered his cabinet agencies to coordinate their efforts to pass policies that both welcome and support immigrants to the United States. To that end, the government will convene a Task Force on New Americans to positively impact local immigrant communities.

As discussed in section 3 of the order, the Department of State, the Attorney General, and the Department of Homeland Security will review and revise any existing regulations, orders, guidance documents, policies, and agency actions to ensure that they conform with the President’s agenda to welcome and support vulnerable immigrants. As part of this process, the government will be dismantling barriers that make it difficult to receive immigration benefits, including actions taken by the previous administration that do not promote fair access to the legal immigration system – such as potentially rescinding USCIS fee increases, and other such areas of concern.

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Welcome back to Visalawyerblog! We kick off the start of a brand-new week with new immigration updates.


Texas Judge Blocks Bidens’ 100-day pause on deportations


First, let’s discuss some legal challenges the Biden administration is facing. Just last week, a federal judge from the state of Texas issued a nationwide temporary restraining order that temporarily stops the Biden administration from pursuing a 100-day pause on deportations.

As our readers will know, since his inauguration, President Biden has been busy dismantling anti-immigrant policies passed by his predecessor. Among the actions taken by President Biden has been placing a temporary 100-day pause on deportations for most undocumented immigrants with removal orders, except for those who have been suspected of committing acts of terrorism or espionage, and those who present a threat to national security.

The state of Texas took issue with the President’s actions and filed a lawsuit in the U.S. District Court for the Southern District of Texas, calling on the court to grant an injunction that would immediately stop the Biden administration from putting a pause on deportations.

The judge in the case, Drew B. Tipton, a Trump appointee, ultimately sided with the state of Texas finding that the state had met its burden of proof that it would suffer irreparable harm if Biden were to pause deportations. The judge agreed that Texas would be financially harmed given the added strain undocumented immigrants would have on Texas’ health care and education system.

Judge Tipton also found that President Biden’s actions violated the law and the Administrative Procedure Act which requires the government to provide adequate justification before enacting such a change in policy.

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