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Updates Align with Board of Immigration Appeals Decision and Statute

Department to Temporarily Amend Certain H-2A Requirements During COVID-19 National Emergency

Release Date: April 15, 2020

The Department of Homeland Security (DHS) recognizes that there are immigration-related challenges as a direct result of the coronavirus (COVID-19) pandemic. USCIS continues to carefully analyze these issues and to leverage the resources to effectively address these challenges within USCIS's existing authorities. DHS also continues to take action to protect the American people and  communities, and is considering a number of policies and procedures to improve the employment opportunities of U.S. workers during this pandemic.

WASHINGTON — U.S. Citizenship and Immigration Services today announced that H-1B cap-subject petitions for fiscal year (FY) 2021, including those petitions eligible for the advanced degree exemption, may now be filed with USCIS if based on a valid selected registration.

A petitioner is only eligible to file an FY 2021 H-1B cap-subject petition if they electronically registered the beneficiary in the H-1B registration process and USCIS selected the registration submitted for the beneficiary through the random selection process.

Release Date 09/30/2020

WASHINGTON-U.S. Citizenship and Immigration Services Deputy Director of Policy Joseph Edlow issued the following statement in response to the U.S. District Court for the Northern District of California issuing a nationwide preliminary injunction enjoining fee increases for citizenship and other immigration benefits.

Published by : The Economic Times - Date: October 01, 2020  

Quotes and Excerpts from Rajiv on the article:

“While the inclusions are welcome, the guarantee is not for a final approval or denial but their decision making the first time around,” said Rajiv S Khanna, managing attorney at immigration.com. “They often send back a request for evidence and after we respond, they have another 30 days to respond,” he said.

Release Date 10/01/2020

Proposal enforces long-standing law and protects American taxpayers

On Sept. 29, 2020, the U.S. District Court for the Northern District of California, in Immigration Legal Resource Center et al., v. Wolf, et al., 20-cv-05883-JWS, preliminarily enjoined DHS from implementing or enforcing any part of the USCIS Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements rule.

While the rule is preliminarily enjoined, USCIS will continue to: 

Published by : The Economic Times - Date: October 02, 2020  

Quotes and Excerpts from Rajiv on the article:

“The reasoning behind the preliminary injunction is sound. The court found that the President was trying to change immigration law from the White House, over obeying the law as it is written by the legislature,” said Rajiv S Khanna, managing attorney at immigration.com.

Release Date 10/02/2020

On Oct. 2, USCIS issued policy guidance in the USCIS Policy Manual to address inadmissibility based on membership in or affiliation with the Communist Party or any other totalitarian party. Membership in or affiliation with the Communist Party or any other totalitarian party is inconsistent and incompatible with the Naturalization Oath of Allegiance to the United States of America, which includes pledging to “support and defend the Constitution and laws of the United States.”

Release Date 10/06/2020

USCIS  issued policy guidance in the USCIS Policy Manual clarifying whether temporary protected status (TPS) beneficiaries are eligible for adjustment of status under section 245(a) of the Immigration and Nationality Act (INA). INA 245(a) requires an alien to have been inspected and admitted or inspected and paroled into the United States, unless exempt from this requirement.

Published by : The Economic Times - Date: October 14, 2020  

By Rajiv Khanna

Release Date 10/16/2020

USCIS recently updated the following USCIS form(s):

USCIS recently updated the following form: