Tag Archives: uscis

USCIS Postpones Administrative Furlough

USCIS Postpones Administrative Furlough Scheduled for August 30, 2020

USCIS has been planning furloughs for several months, citing declining revenues due to COVID-related closures and lower filing volumes. The agency previously announced that almost two-thirds of the workforce would be furloughed starting August 30, 2020. In an attempt to prevent the workforce and services disruption, the U.S. House of Representatives unanimously passed the Emergency Stopgap USCIS Stabilization Act. It still faces challenges in the Senate before being sent to the White House for the President’s signature.

Earlier today, USCIS notified employees that the agency was “in a position to cancel the current administrative furlough that was scheduled to begin on Aug. 30, 2020.” The announcement credited the agency’s efforts to “find savings” by making spending cuts. The agency warns that the “severe cost cutting efforts” will “have an impact on agency operations.” The agency implores Congress to take action to find a long-term fix.

USCIS predicts the following operational impacts may occur:

  • Reduction in the number of contractors who assist the federal workforce
  • Wait times for pending case inquiries through USCIS Contact Center will increase
  • Case processing times will increase
  • Naturalization adjudications will slowdown

While a new target date is not set, the message to the workforce noted that a “future furlough scenario is still possible” unless Congress takes action.

Don’t wait until the last minute to file for new visas or extensions! Contact us to get started before the delays affect your immigration status.

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Premium Processing Would Increase to $2,500 Under Proposed House Bill

Premium Processing Would Increase to $2,500 Under Proposed House Bill; Expands Premium to Additional Petitions & Applications

UPDATE 8/25/2020: USCIS Postpones Administrative Furlough

In an attempt to address looming USCIS furloughs, a bipartisan group of Congressional lawmakers introduced the Emergency Stopgap USCIS Stabilization Act. The bill passed unanimously over the weekend and heads to the Senate next.

If passed by the Senate, the bill would “temporarily forestall the need for furloughs by immediately increasing the agency’s ‘premium processing’ revenues.” Premium processing allows certain individuals and companies to pay an optional fee for expedited processing for select petitions and applications. The fee is currently set at $1,440 and guarantees action within 15 days or the fee is returned and the case continues to be processed expeditiously.

The bill would increase the fee from $1,440 to $2,500 for most case types and would also expand premium processing to new petitions and applications. The revenues may be used by USCIS to improve adjudication and naturalization services and reduce backlogs, including delays for non-premium applicants. Previously, collected fees were only to be used to fund premium processing operations and infrastructure improvements. The House of Representatives bill summary states that premium processing must be made available to the following additional immigration benefits:

  • employment-based nonimmigrant petitions not already subject to premium processing;
  • certain employment-based green card petitions (EB-1, EB-2, and EB-3) not already subject to premium processing;
  • applications to change or extend nonimmigrant status;
  • applications for employment authorization; and
  • other immigration benefit requests as USCIS deems appropriate.

The new fees and timeframes would be set through the Department of Homeland Security rulemaking. The bill would also allow biennial adjustments of premium fees to account for inflation.

The bill also confirms that premium processing requestors have direct and reliable access to their current case status information and the ability to communicate with the premium processing service units. USCIS may only suspend premium processing if circumstances prevent the completion of a “significant number” of premium requests within the required 15-day timeframe.

The bill would also allow USCIS to set premium fees for new benefit types without rulemaking if the fees do not exceed the below guidelines:

Benefit Type Fees Processing Times
EB-1 petitions for multinational executives and managers $2,500 45 days
EB-2 petitions involving National Interest Waiver (NIW) $2,500 45 days
Change of Nonimmigrant Status to F (academic student), J (exchange visitor), or M (vocational student) $1,750 30 days
Applications to Change or Extend Status as a dependent of an E (treaty trader or investor); H (temporary worker), L (intracompany transferee), O (extraordinary ability), P (artist or athlete), or R (religious worker $1,750 30 days
Applications for Employment Authorization $1,500 30 days

The bill also requires USCIS to develop a 5-year plan to implement:

  • electronic filing procedures for all benefit requests,
  • accept electronic payments,
  • correspond with benefit requestors electronically,
  • reduce processing timeframes for all immigration and naturalization benefit requests.

The agency will be required to conduct semi-annual briefings to the appropriate congressional committees.

Since this bill is intended to be an emergency stopgap to stabilize the USCIS budget, there may be an accelerated implementation timeline. Save $1,040 and upgrade your employment-based case for premium processing today. Contact us at info@challalaw.com to get started.

Resuming on Wednesday, September 16 are our weekly immigration webinars! Register for the webinar or email us with any additional questions.

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Immigration & Travel Challenges Leave Green Card Holders Considering U.S. Citizenship

NOTE: USCIS filing fees for Form N-400, Application for Naturalization increase 83%, from $640 to $1,170 on October 2, 2020.

Even prior to the pandemic, U.S. Citizenship & Immigration Services made the news for processing delays across visa categories. The COVID-19 pandemic has led to additional delays, including green card printing backlogs. The agency blamed declining requests for immigration services when it requested $1.2 billion in funding from Congress earlier this year. When the negotiations fell through, USCIS contacted approximately two-thirds of the workforce to warn of furloughs starting August 30, 2020. Amid the budget woes, DHS also published a final rule increasing prices for many immigration benefits, including increasing the cost to apply for citizenship from $640 to $1,170 starting on October 2, 2020.

Recently, an independent government watchdog determined that the appointment of top officials at the Department of Homeland Security (DHS) were invalid due to the agency’s disregard for the Federal Vacancies Reform Act. Federal judges have already struck down some H-1B requirements, but we could see increased legal challenges for policies enacted during the past two years.

Even green card holders have been subject to restrictions during the President’s travel bans. Many permanent residents are considering naturalization to not only avoid the uncertainties of shifting immigration regulations, but to participate fully in the U.S. democratic process.

When should I file for U.S. citizenship?

Naturalization, or the process of becoming a U.S. citizen, is largely a personal choice based on your circumstances and goals. We will provide information on the requirements and eligibility for citizenship, as well as an overview of the rights and responsibilities of U.S. citizens.

Eligibility Overview

Typically, you must be a green card holder for 5 years before applying for naturalization. Some spouses of U.S. citizens are eligible if they have been a lawful permanent resident for at least 3 years and have been living in marital union with the same U.S. citizen during that period.

Residency Requirements

You must maintain continuous residence for at least five years (or three years if married to a U.S. citizen as described above). You must also establish that you have resided in the state or service district for 3 months prior to filing. If you travel outside the U.S. for more than six months but less than a year or you are absent for more than 1 year, you may break the continuity of residence. Even multiple absences of less than 6 months may concern an immigration officer: you need to provide additional evidence that your actual dwelling place and residence is in the United States. You must show that you have been physically present in the United States for at least 30 months out of the five years preceding your filing (or 18 months out of 3 years if married to a U.S. citizen).

If you are considering naturalization, you should consult with an attorney when planning extended travel to ensure you are maintaining your permanent residence.

Citizenship Qualifications

USCIS will evaluate whether you are a person of “good moral character” and requires that you demonstrate an attachment to the principles and ideals of the U.S. constitution. You must also have an understanding of U.S. history and government and be able to read, write, and speak basic English to pass the required civics and English test. The interview will be conducted in English and you are expected to be able to answer in English. When you pass the interview and test portions, you will be scheduled for an oath ceremony. Last fall, USCIS started piloting changes to the tests, with changes set to go into effect later this year or early 2021.

What happens if I don’t pass?

You can take the English and civics tests between 60 and 90 days after the date of your initial interview. If you fail once again, you must apply for naturalization again. If there was wrongdoing or bias on the part of the interviewing officer, there may be an opportunity to appeal the decision, but this is a rare occurrence. There is no limit to the number of times you can apply for naturalization.

Becoming a Citizen

At the ceremony, you will be required to take an oath of allegiance to the United States. The oath is as follows:

“I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely, without any mental reservation or purpose of evasion; so help me God.”

At the ceremony, you are required to return your green card. It will no longer be needed as you will receive a Certificate of Naturalization after taking the oath. You should review the certificate and notify USCIS of any errors before leaving the ceremony.

Citizenship Rights and Responsibilities

As a green card holder, you are probably already familiar with tax reporting requirements and other responsibilities that come with living and working in the United States. After you become a U.S. citizen, you are afforded additional rights and responsibilities. You should update your Social Security record, apply for a U.S. passport if you intend to travel abroad, and you can register to vote. USCIS states that U.S. citizens are eligible to:

  • Vote.
    Only citizens can vote in federal elections. Most states also restrict the right to vote, in most elections, to U.S. citizens.
  • Serve on a jury. 
    Only U.S. citizens can serve on a federal jury. Most states also restrict jury service to U.S. citizens. Serving on a jury is an important responsibility for U.S. citizens.
  • Travel with a U.S. passport. 
    A U.S. passport enables you to get assistance from the U.S. government when overseas, if necessary.
  • Bring family members to the U.S. 
    S. citizens generally get priority when petitioning to bring family memberspermanently to this country.
  • Obtain citizenship for children under 18 years of age. 
    In most cases, a child born abroad to a U.S. citizenis automatically a U.S. citizen.
  • Apply for federal jobs. 
    Certain jobs with government agencies require U.S. citizenship.
  • Become an elected official. 
    Only citizens can run for federal office (U.S. Senate or House of Representatives) and for most state and local offices.
  • Keep your residency. 
    A U.S. citizen’s right to remain in the United States cannot be taken away.
  • Become eligible for federal grants and scholarships. 
    Many financial aid grants, including college scholarships and funds given by the government for specific purposes, are available only to U.S. citizens.
  • Obtain government benefits. 
    Some government benefits are available only to U.S. citizens.

Explore additional rights and responsibilities on the USCIS website.

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Citizenship & Immigration Services to Furlough Majority of Workers

Citizenship & Immigration Services to Furlough Majority of Workforce

UPDATE 8/25/2020: USCIS Postpones Administrative Furlough

USCIS requested $1.2 billion from Congress as part of a coronavirus relief package, but when negotiations seemed to fall through, the President signed a series of executive orders instead. The orders did not address the agency’s funding requests. Earlier this month USCIS notified approximately 13,400 of 20,000 employees that they would be furloughed starting August 30, 2020.

USCIS is primarily funded by fees collected from providing immigration services. Previously this year, the agency announced fees would be increasing by an average of 20% to recover operational costs. Those changes go into effect on October 2, 2020. The Department of Homeland Security (DHS) claimed that the current fee structure would leave the agency underfunded by $1 billion per year. In the earlier request to Congress, USCIS proposed a 10% service fee surcharge in addition to $1.2 billion in funding.

With a furlough of two-thirds of the USCIS workforce, individuals and businesses applying for immigration benefits may see additional delays in processing. Some categories are already suffering from delays and the earlier shutdown of a printing facility led to backlogs for green cards and EADs.

Don’t wait until the last minute to file for new visas or extensions! Contact us to get started before the delays affect your immigration status!

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USCIS Fees Increase on October 2, 2020

USCIS Fees Increase on October 2, 2020

On July 31, 2020 the Department of Homeland Security announced an increase to fees for immigration and naturalization benefit requests. Although most fees are increasing, a $10 discount is offered for online submission where available.

Employment Visa Updates

Employers are understandably concerned about the potential effect the rule has on H-1B, L-1, and other immigrant employees. For employers with more than 50 employees and more than 50% of those employees in H-1B or L-1 status, a $4,000 fee applies. The rule expands the Public Law 114-113 fee of $4,000 to both H-1B and L-1 new employment as well as extensions of stay for employers that meet the 50 employee, 50% dependability test. The Public Law fee will apply regardless of whether the fraud fee applies. Extension requests for H-1B, L-1A, and L-1B visas filed by the same petitioner for the same employee or H-1B, L-1A, and L-1B amended petitions were previously exempt from the additional fee.

DHS will now separate the I-129 into forms based on case type and eliminate the current supplements to the I-129 form. This also allows DHS to charge separate fees for each form depending on the classification. DHS states that the current base filing fee of $460 doesn’t accurately capture the costs associated with adjudication since the fee is paid regardless of how many nonimmigrant workers will benefit from the petition or application, the type of worker evaluated, whether an employee is identified, or how long it takes to adjudicate the different nonimmigrant classifications.

The rule updates the filing fees as follows:

Case Type Current Fee Final Fee Change Percent Change
E-1

E-2

TN

$460 $695 $235 51 percent
H-1B $460 $555 $95 21 percent
H-2A
(named beneficiaries)
$460 $850 $390 85 percent
H-2B
(named beneficiaries)
$460 $715 $255 55 percent
L-1A

L-1B

$460 $805 $345 75 percent
O-1 $460 $705 $245 53 percent
H-2A
(unnamed beneficiaries)
$460 $415 -$45 -10 percent
H-2B
(unnamed beneficiaries)
$460 $385 -$75 -16 percent


Green Card Fee Changes

Children under the age of 14 filing for a green card with their parents were previously able to pay a reduced fee of $750 instead of the $1,140 (plus $85 biometrics fee) currently charged to older applicants. All applicants will pay $1,130 under the new rule.

DHS also chose to separate the filing fees for Form I-765, Application for Employment Authorization, and Form I-131, Application for Travel Document, when either filed concurrently with Form I-485 or after the Form I-485 has been accepted and is still pending. Current regulations allow individuals to pay the I-485 fee, but also file the I-765 and I-131 without additional fees if filed concurrently.

The rule claims: “Debundling allows individuals to pay for only the services actually requested. Thus, many individuals may not pay the full combined price for Forms I-485, I-131, and I-765.” The newly established fees are as follows:

  • Form I-131, Application for Travel Document: $590
  • Form I-765, Application for Employment Authorization: $550
  • Form I-485, Application to Register Permanent Residence or adjust Status: $1,130

Individuals applying for work and travel documents along with their permanent residence application will now pay a total of $2,270.

Citizenship Fees

DHS will remove the N-400 fee waiver (Form I-942) and the reduced fee option “in order to recover full cost for naturalization services.” The rule also removes the fee waiver for the N-600, Application for Certificate of Citizenship. However, the removal of fee waivers will reduce the cost of Forms N-600 and N-600K because the increased fee would no longer need to cover the cost of the fee-waived form adjudication.

However, the N-400 would not be afforded the same price decrease as the N-600: DHS raised the naturalization fee an astounding 83% from $640 to $1,170 for the paper-based filing. With the removal of the reduced fee option, naturalization may be financially out of reach for many families.

Premium Processing

Currently, petitioners or applicants can pay $1,440 for certain employment-based petitions to be adjudicated within 15 calendar days. The new rule will change the 15-day calculation from calendar days to business days, while also excluding federal holidays and regional or national office closures due to weather or other causes.

The rule also states that the 15-day period be paused when USCIS issues a notification of an approval, denial, RFE, or NOID. The rule would also clarify that a new 15 business day period will begin upon receipt of an RFE or NOID response. If an investigation is opened for fraud or misrepresentation, USCIS can retain the fee and not reach a conclusion to the request within 15 days.

The agency claims that the shift to calculating by business days will allow USCIS additional time to complete processing on a premium processing petition and could reduce the need for USCIS to suspend premium processing when request filing volumes are high.

Payment Updates

USCIS will eliminate the $30 returned check fee because the fees associated with collecting the charge were higher than the returned check fees actually collected. However, petitioners and applicants should still ensure that adequate funds are available to avoid processing delays.

Another shift that has the potential to trip up applicants and petitioners is the planned updates to certain form instructions to only allow certain payment types for certain forms. For example, USCIS may determine that it only wants to accept credit or debit card payments for naturalization. USCIS could also decide that only a check or money order is acceptable payment for a certain form. The rule does not modify the instructions at this time, but states:

“In this final rule, DHS does not restrict the method of payment for any particular immigration benefit request. This final rule clarifies the authority for DHS to prescribe certain types of payments for specific immigration benefits or methods of submission.”

Extra precautions must be taken to review form instructions every time a case is filed to avoid a processing delay due to an incorrect payment type.

Biometrics Fees

The new rule incorporates biometrics fees into the underlying immigration benefit request to “simplify the fee structure, reduce rejections of benefit requests for failure to include a separate biometric services fee, and better reflect how USCIS uses biometric information.” The fee includes FBI name checks, FBI fingerprints, Application Support Center (ASC) contractual support, and biometric service management (including federal employees at ASC locations). The rule outlines that a separate biometric services fee will be retained for Temporary Protected Status in the amount of $30, but requests for other immigration benefits will include the biometric fee.

Secure Mail Initiative

We have seen many clients suffer when the United States Postal Service (USPS) loses important immigration notifications. The rule announced that USCIS will implement Signature Confirmation Restricted Delivery (SCRD) as the sole method of delivery of secure USCIS documents. USPS states that Signature Confirmation requires that the recipient or another responsible person at the residence be present to sign for the item and then the sender will receive the signature and name of the recipient and the date, time, and location of the delivery. The rule outlines states

“USCIS and applicants can track their document using the USPS website up to when the document is delivered. Recipients will also have the ability to change their delivery location by going to the USPS website and selecting “hold for pickup” to arrange for pickup at a post office at a date and time that suits them.”

Applicants and petitioners should ensure that accurate addresses are submitted prior to the case filing.

Timeline for Rule Implementation

This final rule is effective Oct. 2, 2020. Any application, petition, or request postmarked on or after this date must include payment of the new, correct fees established by this final rule and utilize the updated forms.

Are you ready to start your case prior to the fee and process shifts? Contact us at info@challalaw.com or 804-360-8482 to get started today.

USCIS Extends Flexibility for Responding to Agency Requests

USCIS Extends Flexibility for Responding to Agency Requests

In response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services is extending the flexibility it announced on March 30, 2020, to assist applicants and petitioners 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 and Notices of Intent to Terminate regional investment centers;
  • Filing date requirements for Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA); or
  • Filing date requirements for Form I-290B, Notice of Appeal or Motion.

Read Challa Law Group’s update from the previous USCIS announcement.

Notice/Request/Decision Issuance Date:

This flexibility applies to the above documents if the issuance date listed on the request, notice or decision is between March 1 and Sept. 11, 2020, inclusive.

Response Due Date:

USCIS will consider a response to the above requests and notices received within 60 calendar days after the response due date set in the request or notice before taking any action. We will consider a Form N-336 or Form I-290B received up to 60 calendar days from the date of the decision before we take any action. USCIS states:

“We are adopting several measures to protect our workforce and community and to minimize the immigration consequences for those seeking immigration benefits during this time. USCIS will provide further updates as the situation develops and will continue to follow CDC guidance. Education and precautions are the strongest tools against COVID-19 infection.”

Additional Questions?

Join us every Monday at 11 AM ET for a webinar covering COVID updates for businesses and foreign workers. Register for the webinar or email us with any additional questions.

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New Immigration Ban: President Declares Foreign Workers “Threat” to U.S. Economy

WHAT IS THE IMMIGRATION BAN?

President Trump issued a proclamation continuing his April 22, 2020 proclamation that prohibited the entry of immigrant visa holders and suspending and limiting the entry of any individual seeking entry pursuant to the following nonimmigrant visas:

  1. H-1B or H-2B visa, and any individual accompanying or following to join such individual.
  2. J visa, to the extent the individual is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any individual accompanying or following to join such individual; and
  3. L visa, and any individual accompanying or following to join such individual.

The proclamation shall apply only to any individual who:

  1. is outside the United States on the effective date of this proclamation.
  2. does not have a nonimmigrant visa that is valid on the effective date of this proclamation; and
  3. does not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.

The suspension and limitation on entry pursuant to section 2 of this proclamation shall not apply to:

  1. any lawful permanent resident of the United States.
  2. any individual who is the spouse or child, as defined in section 101(b)(1) of the INA (8 U.S.C. 1101(b)(1)), of a United States citizen.
  3. any individual seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain; and
  4. any individual whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.

The continuation of Proclamation 10014 is effective immediately. The suspension of the entry of certain nonimmigrants took effect on June 24, 2020, at 12:01 am (ET) and is planned to expire on December 31, 2020 (but may be continued).

HOW DOES THIS AFFECT YOU?

If you are currently residing in the U.S. on a nonimmigrant status, this ban does not affect you.

  1. You can change status in the U.S.
  2. You can extend your status in the U.S.
  3. You can process your permanent residency application.

If you are currently outside the U.S. and you are already in possession of a valid visa, this ban does not affect you.

  1. CHALLA TIP: If you traveled outside the U.S. to visa process for a new nonimmigrant category, but are in possession of another valid nonimmigrant visa, you can return to the U.S. on your existing visa and change status to another classification in the U.S.

If you are processing a visa other than H-1B, H-2B, L-1 or J-1, this ban does not affect you.

  1. CHALLA TIP: If you are exploring investment opportunities in the U.S., the B-1 visa, which is not one of the banned nonimmigrant classifications, is a mechanism for exploring expansion into the U.S. market. You can then change status to an L-1, if eligible, in the U.S. if once arriving in the U.S. and investigating expansion options, you discover that you need to obtain a work eligible status immediately.
    1. Caution: The B-1 classification requires that at the time of entry, you intend to return to your home country. Therefore, it is impermissible to enter on the B-1 with the predetermined notion or intent to change status in the U.S. Therefore, we do not recommend utilization of the B-1 for entry with the preconceived intent to change status, but only highlighted that if after entry, the circumstances presented themselves where departing and reentering would pose a business risk, at that point there is the ability to file for a change of status application, but only after 60 days of entry.

There is also an exemption for individuals whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees. That may be an opportunity to those who are able to make that argument if it is aligned with the standard for national interest waiver, an employment based permanent residency program. However, since it is a discretionary determination, we will need to wait and see how it is applied.

Additional Questions?

Join us every Monday at 11 AM ET for a webinar covering COVID updates for businesses and foreign workers. Register for the webinar or email us with any additional questions.

Visit our COVID-19 resource page for the latest updates or follow us on FacebookTwitterInstagram, or LinkedIn. You can also sign up for our mailing list.

DHS Defends H-4 EAD in Court Brief

DHS Defends H-4 EAD in Court, Plans to Rescind Work Authorization Through Agency Processes

Earlier this month, the U.S. Department of Homeland Security argued that a federal judge should not block work authorization for certain spouses of H-1B visa holders in the U.S. in response to a lawsuit brought by U.S. technology workers. In the Save Jobs USA v. DHS. lawsuit, the workers purport that DHS had no authority to issue work authorization to H-4 spouses in the first place and that the program should end immediately.

However, DHS’s argument to the judge shouldn’t be seen as a defense for the H-4 EAD, but rather support for the agency’s intention to rescind the rule through rulemaking. The DHS has repeatedly noted its intention to issue a Notice of Proposed Rulemaking (NPRM) to remove work authorization for dependents of certain H-1B visa holders.

DHS first extended eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants seeking employment-based permanent residence in 2015. That rule has been under reconsideration as the Trump administration signaled its intent to remove work authorization for H-4 dependents in late 2017.

The proposed rule moved forward to review by the Office of Management and Personnel, where it has been held up for over a year. While the proposed regulation is not available for public review yet, some have predicted that the rule could be published in the Federal Register this spring, as it still remains on the Spring Regulatory Agenda.

While the final rule will not be available until it is published in the Federal Register, we expect that the rule will provide a timeline for no longer accepting H-4 EAD applications and determine when current H-4 EAD holders will need to stop working (unless obtaining an alternative work-authorized status). If the rule is rescinded, there could be additional litigation to challenge the ruling. Individuals currently working on the H-4 EAD should consider an independent work-authorized status if available.

Please contact us at info@challalaw.com if you would like to discuss options for an independent work-authorized status.

USCIS Grants Extensions for RFE and NOID Responses

Responses Accepted Within 60 Days of Deadlines

UPDATE on 3/30/2020: USCIS Clarifies & Expands Flexibility for RFE, NOID, NOIR, NOIT Responses

U.S. Citizenship and Immigration Services announced that due to the ongoing effect of the COVID-19 pandemic, the agency was “adopting measures to minimize the immigration consequences associated with responding to requests for evidence (RFEs) and notices of intent to deny (NOIDs) dated between March 1 and May 1, 2020.

Any responses to RFEs or NOIDs with deadlines between March 1 and May 1, 2020 that are submitted within 60 calendar days after the deadline, will be accepted for consideration by USCIS. The agency stated additional updates will be provided as the situation develops.

Over 200 organizations, including the American Immigration Lawyers Association’s New York Chapter, have written to the the U.S. Department of Justice, Executive Office for Immigration Review, Department of Homeland Security, U.S. Citizenship and Immigration Services, and Immigration and Customs Enforcement to request “policies and protocols to fully and effectively respond to the crisis currently being caused by COVID-19.” The letter states that “immigrants and the providers and advocates who help them to navigate these systems will suffer serious hardships that raise due process concerns.”

The letter has requested that courts be closed and deadlines extended. Some of the additional requests are below:

  • Address “age-outs” caused by COVID-19
  • Issue automatic work authorizations and renewals during the length of the pandemic
  • Suspend the issuance of new RFEs and NOIDs until offices resume normal operations
  • Waive requirements for original signatures and original photographs

USCIS recently announced that reproduced original signatures are acceptable for forms that typically require original “wet ink” signatures. We will keep you posted on additional updates to these requests to the respective agencies.

Visit our COVID-19 Resource Page for Employers & Foreign Workers to read about other critical immigration updates.

Federal Rule Allows DHS to Track Immigrants (and Citizens) Online

On September 18, 2017, the Department of Homeland Security published a new rule in the Federal Register proposing a modification of how individuals are tracked as they move through the immigration process. The new rule will expand the types of information stored in an individual’s file, including “social media handles, aliases, associated identifiable information, and search results.” The rule also allows DHS to “update record source categories to include publicly available information obtained from the internet, public records, public institutions, interviewees, commercial data providers, and information obtained and disclosed pursuant to information sharing agreements.”

The rule outlines that any immigrant would be subject to this information collection, including lawful permanent residents, naturalized U.S. citizens, individuals petitioning for benefits under the INA on behalf of another individual, relatives and associates of any of the individuals listed above who are subject to the INA, and approximately ten other separate categories. Also included in the list of individuals covered under the system are preparers and interpreters assisting an individual seeking immigration benefits and attorneys who are recognized by USCIS or accredited by the BIA. This type of scrutiny could have a chilling effect on those who assist immigrants in navigating the legal system.

Any wide scale collection of information on the listed individuals would not only include “immigrants” but many naturalized and U.S.-born citizens, either as directly collected by the law or as a result of their communications with individuals in the listed categories. The rule also includes “law enforcement officers who certify a benefit requestor’s cooperation in the investigation or prosecution of a criminal activity.” The certification is one requirement for individuals applying for a U visa, which is a nonimmigrant visa reserved for “victims of certain crimes who are currently assisting or have previously assisted law enforcement in the investigation or prosecution of a crime, or who are likely to be helpful in the investigation or prosecution of criminal activities.” Officers may hesitate to provide this certification knowing that they could potentially be subject to additional monitoring, leading to increased distrust between the immigrant community and law enforcement and other unwanted outcomes in communities across the country.

There are a number of federal statutes that this policy may affront, but particularly the rule raises questions in terms of its constitutionality, as it could impact First and Fourth Amendment rights of many U.S. citizens. The Fourth Amendment to the U.S. Constitution places limits on search and seizure by the government, and this protection often hinges on what is deemed to be “public” and therefore imputing license and consent. Where probable cause or a warrant is needed to enter an individual’s house or vehicle, the Fourth Amendment does not limit the government’s ability to follow people on a public street. Our daily internet activities are increasingly subject to the same types of arguments: does the act of posting from a social media account imply consent by placing the information on a public domain? Alternatively, users can limit who sees posted content by adjusting privacy notifications and designating what is available to the general public. Does this indicate that the information resides in the private domain because an invitation is necessary? These questions will have to be addressed as regulations evolve in our increasingly digital world.

The Federal Register states that “the purpose of this system of records is to facilitate administration of benefits and enforcement of provisions under the INA and related immigration statutes.” However, permanent residents and naturalized citizens have already undergone intense vetting procedures and U.S. citizens are no longer seeking any immigration benefits. Including these individuals (and even natural-born citizens who have never sought immigration benefits), seems contrary to the system’s purpose and could lead to increased costs for data collection and storage.