Visa Lawyer Blog

Articles Posted in USCIS

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In this post we would like to address some of our clients frequently asked questions regarding the Payment Protection Program, a loan forgiveness program created by the CARES Act (Coronavirus Aid, Relief, and Economic Security Act).

In response to the Coronavirus pandemic, the United States government recently passed a bill providing emergency financial relief to individuals, families, and small businesses. As you know, the majority of states nationwide have issued stay-at-home orders requiring the public to avoid all nonessential outings and stay at home as much as possible. Non-essential businesses have also been ordered to close their facilities to the public until further notice. Essential businesses have been allowed to continue to operate such as grocery stores, pharmacies, health care facilities, banking, law enforcement, and other emergency services.

One of the main provisions of the bill, known as the CARES Act (Coronavirus Aid, Relief, and Economic Security Act), allocates billions of dollars in loans to small businesses who are feeling the economic impact of the stay-at-home orders. The CARES Act specifically authorized the Small Business Administration (SBA) to create the Payment Protection Program for the purpose of providing financial assistance to small businesses nationwide that have been adversely impacted by the COVID-19 crisis. SBA lenders began accepting loan applications from small business owners on April 3, 2020. Applications will continue to be accepted until June 30, 2020. It is important for business owners to apply for these loans as soon as possible.

  1. What is the Payment Protection Program?

In a nutshell, the Payment Protection Program is a loan forgiveness program that allows small businesses (of 500 or fewer employees) to apply for loans of (1) $10 million or (2) 2.5x the average total monthly payments of the company’s payroll costs, whichever is less.

Loans under this Paycheck Protection Program (PPP) will be 100 percent guaranteed by SBA, and the full principal amount of the loans will qualify for loan forgiveness provided that:

(1) the business was in operation on February 15, 2020 and either had (a) employees for whom you paid salaries and payroll taxes or (b) paid independent contractors as reported on Form 1099;

(2) all employees are kept on the payroll for 8 weeks and;

(3) the money is used for payroll costs, rent, mortgage interest, or utilities (at least 75% of the forgiven amount must have been used for payroll).

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Welcome back to Visalawyerblog! As you all know, USCIS recently announced that it has completed the selection process to meet the 65,000/20,000 annual numerical limitations for H-1B fiscal year 2021.

All accountholders should have been notified of selection via their USCIS online accounts by March 31,2020. We can confirm that our office received all notices of selection before March 31, 2020.

If you were selected, the following status will appear on the petitioner’s USCIS online account:

Selected: Selected to file an FY 2021 H-1B cap-subject petition.

What’s Next?

Now that the selection process has been completed, petitioners who properly registered the beneficiary through the mandatory H-1B electronic registration process and were selected in the lottery are eligible to file a FY 2021 H-1B cap-subject petition with USCIS.

Petitioners who were not selected cannot file a petition with USCIS.

Please note that selection does not mean that an H-1B petition has been approved. The petitioner must still establish eligibility for petition approval at the time of filing and the application must go through adjudication based on existing statutory and regulatory requirements.

When can I file?

H-1B cap-subject petitions for FY 2021, including those petitions eligible for the advanced degree exemption, may now be filed with USCIS if based on a valid selected registration (as of April 1st). 

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In this post, we summarize all of the major and recent developments taken by USCIS, the Department of State, and the Department of Justice in response to the COVID-19 pandemic.

These developments directly impact immigration in significant ways that will be discussed in further detail below.

As this situation evolves, we will continue to update this post for your benefit. You may also read all of our COVID-19 related posts here.

USCIS Field Offices, ASCs, and Asylum Offices Temporary Closed to the Public

To combat the spread of the COVID 19 pandemic, on March 18th USCIS announced the temporary closure of field offices, application support centers, and asylum offices, to the public until at least May 3rd.

We suspect that this closure will be further extended given the current public health crisis we are experiencing nationwide.

Applicants who were scheduled to appear for an interview, biometrics, or asylum interview from March 18 to May 3rd will receive a notice in the mail regarding impacted services, as well as a notice rescheduling the appointment.

ASC appointments will be rescheduled once offices are re-opened to the public.

At this time, please continue to be patient and monitor your mail closely.

USCIS Field Office and Service Center Operations Continue

Although USCIS is closing field offices to the public, the agency has stated that office employees will continue to perform mission-essential services that do not require face-to-face contact with the public.

Furthermore, USCIS service centers and facilities continue to operate and will continue to adjudicate petitions filed nationwide.

USCIS Expands RFE/NOID/NOIR/NOIT/I-290B Deadlines

On March 30, 2020, USCIS announced that it will consider any response to an RFE, NOID, NOIR, or NOIT received within 60 calendar days after the response due date set in the request or notice before any action is taken by USCIS.

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A new decision issued by a federal judge in the case Itserve Alliance Inc., et al., v. L. Francis Cissna, will dramatically change the way that the United States Citizenship and Immigration Services (USCIS) adjudicates H-1B petitions for Information Technology companies.

The new ruling invalidates key provisions of the CIS 2010 Guidance Memorandum (also known as the Neufeld Memo) and the CIS 2018 Policy Memorandum (PM-602-0157) for two reasons.

Firstly, the court found that the policies outlined in these memorandums were inconsistent with previous regulations that were lawfully passed by the government through the formal notice-and-comment rule-making process, as required by law.

Secondly, the court found that USCIS violated the law when it abandoned previous regulations and began applying their own policies without first going through the required formal notice-and-rulemaking process. Since these policies were not passed through the formal rule-making process, their application was found to be unlawful and unenforceable.

Background

During the start of the Trump administration, USCIS began adopting a narrow policy designed to limit the number of H-1B petitions that would be approved. Throughout this period, our office saw the highest number of requests for evidence and denial rates ever experienced in over a decade in practice. Other immigration attorneys across the country observed the same trends.

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We would like to provide our readers with a quick update regarding the temporary suspension of in-person services at USCIS field offices nationwide.

As first reported, USCIS made the decision to close all offices and application support centers (ASCs) to the public beginning March 18th. USCIS planned to reopen offices on April 7th however today the agency announced that offices will continue to remain closed to the public until May 3rd.

As previously stated on our blog, all applicants and petitioners with scheduled appointments who are impacted by this closure will receive notices in the mail with further information.

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In this post we bring you the latest immigration related COVID-19 updates. During this difficult time, we would like to extend our heartfelt regards to you and your families. We hope you are staying safe and taking the necessary precautions to prevent the spread of COVID-19. The sooner we abide by government measures, the sooner we can overcome this pandemic as a Nation. Additionally, please remember that although our office is closed to the public, we continue to function behind the scenes to file your petitions on a timely basis. If you have any questions regarding your immigration options, or your currently pending case, we would be glad to assist you by telephone, Zoom, or Skype.

President Extends Federal Social Distancing Guidelines to April 30

This past Sunday, March 29, 2020, the President of the United States extended the Nation’s social distancing guidelines for another 30 days, following warnings from health advisers of the serious consequences that could result if Americans were allowed to return to normal life. Pursuant to this order, social time will continue to be limited only to necessary outings such as grocery shopping, medical appointments, etc. until April 30.

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Great news! Today, March 27, 2020, USCIS announced that it has received enough electronic registrations to reach the FY 2021 H-1B cap—just 7 days after the registration period closed on March 20, 2020.

USCIS randomly selected from among registrations that were properly submitted to meet the 65,000/20,000 annual numerical limitations for the regular cap and advanced degree exemption.

Petitioners who have been selected will be notified of their selection no later than March 31, 2020 (4 days). Only petitioners with selected registrations will be eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.

How will I be notified?

Now that the selection process has been completed, USCIS will send electronic notices to all registrants with selected registrations that are eligible to file an H-1B cap-subject petition on behalf of the individual named in the notice within the filing period indicated on the notice.

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As the impact of COVID-19 grows, we think it is important that you hear directly from us about the mitigation efforts that we the Sapochnick Law Firm have enacted to reduce the risk of infection to our clients, attorneys, and valued staff members.

At this critical juncture, our focus remains providing the highest quality of service to our clients, while at the same time preserving the health, safety, and wellbeing of all those we come in contact with.

To that end, our Firm is hard at work to avoid critical disruptions in service from the COVID-19 outbreak, while at the same time acting responsibly to do what we can to prevent further spread of this virus. We continue to closely monitor and assess this evolving situation and are diligent about communicating with affected clients regarding delays or other issues resulting from this evolving situation. In recognizing the fluidity of this situation, we have engaged our executive staff to meet regularly to monitor activities and amend our policies accordingly.

Our approach to COVID-19

In meeting the needs of our clients while complying with government directives, our Firm has established an Alternate Work Schedule Program that incorporates business continuity for all critical and essential services, especially those in which time is of the essence. In part, our Firm will engage the use of sophisticated and effective remote working software that will allow non-essential employees to work from the comfort of their homes to promote social distancing and reduce transmission. Essential employees in good health will continue to work in office, however every effort will be made to limit client meetings to only those that are essential and cannot be carried out through online platforms.

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In the midst of the ongoing Coronavirus (COVID 19) pandemic, USCIS reminds applicants and petitioners impacted by the pandemic that they can seek certain types of discretionary relief on a case-by-case basis.

Relief for Individuals Seeking Extensions/Change of Status

Special relief is available to individuals who were unable to file an extension or change of status petition before the end of their authorized stay expired, if a special situation prevented the individual’s departure and/or filing.

According to USCIS, “when applying for an extension or change of status due to a special situation that prevented your planned and timely departure,” the agency “may take into consideration how the special situation prevented your departure.”

In addition, if an applicant was not able to apply for an extension or change of status before their authorized period of admission expired, USCIS in their discretion may excuse the delay if it was due to extraordinary circumstances beyond the applicant’s control. An applicant in such a situation should be prepared to provide documentary evidence of those extraordinary circumstances. Depending on the applicant’s situation, the types of evidence that can be provided will vary.

Relief for F-1 Students Based on Severe Economic Hardship Caused by Unforeseen Circumstances

F-1 students who are experiencing severe economic hardship because of unforeseen circumstances beyond their control (such as those impacted by the COVID 19 pandemic) may request employment authorization to work off-campus (if they meet certain regulatory requirements) by filing Form I-765 Application for Employment Authorization along with Form I-20, and supporting materials. See 8 CFR 214.2(f)(9).

The student’s Form I-20 must include the employment page completed by your Designated School Official, certifying your eligibility for off-campus employment due to severe economic hardship caused by unforeseen circumstances beyond your control.

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Welcome back to Visalawyerblog! In this post, we bring you the latest immigration news for the week.

USCIS Temporarily Closing Offices to the Public March 18-April 1 to Reduce Spread of COVID 19 

In response to the widespread COVID 19 pandemic, the United States Citizenship and Immigration Services (USCIS) has announced that effective March 18, 2020 the agency will suspend in-person services at its field offices, asylum offices, and Application Support Centers (ASC) nationwide in an effort to help slow the spread of the Coronavirus.

USCIS plans to suspend in-person services until at least April 1st.

What if I have a scheduled appointment or naturalization ceremony?

USCIS has stated that all applicants and petitioners with scheduled appointments and naturalization ceremonies impacted by this closure will receive notices in the mail.

In addition, USCIS asylum offices will send interview cancellation notices and automatically reschedule asylum interviews. When an interview is rescheduled, asylum applicants will receive a new interview notice with the new time, date and location of the interview.

When USCIS resumes normal operations, USCIS will automatically reschedule ASC appointments impacted by the office closure. Impacted applicants and petitioners will receive a new appointment letter in the mail.

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