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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.

Monday, March 9, 2015, is the deadline for current El Salvador Temporary Protected Status (TPS) beneficiaries to re-register for the 18-month extension of TPS that runs from March 10, 2015, through Sept. 9, 2016. The law requires USCIS to withdraw TPS for failure to re-register without good cause. Therefore, if you fail to re-register by this deadline, you may lose your TPS and your work authorization.

This policy memorandum (PM) provides guidance on the adjudication of H-1B petitions for nursing positions. Specifically, this PM assists U.S. Citizenship and Immigration Services (USCIS) officers in determining whether or not a nursing position meets the definition of a specialty occupation. This PM supersedes any prior guidance on the subject.

Please check the attached document to read USCIS Policy memo. 

This notice provides an update of the Department of Health and Human Services (HHS) poverty guidelines to account for last calendar year's increase in prices as measured by the Consumer Price Index.

Please check the attached document for HHS Poverty Guidelines 2015.

USCIS has published a revised Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative. The revised form G-28 is part of a final rule that became effective on Jan. 27, 2015.

About Form G-28

As of March 5, 2015, U.S. Citizenship and Immigration Services (USCIS) is temporarily suspending adjudication of Form I-129 H-2B petitions for temporary non-agricultural workers while the government considers the appropriate response to the court order entered March 4, 2015, in Perez v. Perez, No. 3:14-cv-682 (N.D. Florida, Mar. 4, 2015).

If you are a Temporary Protected Status (TPS) beneficiary who is eligible to re-register for TPS but did not file your application before the deadline for your re-registration period, USCIS reminds you to follow the guidance on our TPS web page under “Filing Late.”