2019 Public Charge Rule Vacated, all appeals dismissed

On March 9th, 2021, USCIS has announced that it will immediately stop applying the Public Charge Final Rule to all pending applications and petitions based on a District Court decision that vacated the rule.  USCIS will return to applying the 1999 Interim Field Guidance, which was in place for two decades prior to the implementation of the now defunct Public Charge Final Rule, to the adjudication of any application for adjustment of status that was pending or received on or after March 9, 2021. In addition, USCIS will no longer apply the “public benefits condition” to applications or petitions for extension of nonimmigrant status or requests for change of nonimmigrant status.

Applicants for adjustment of status should not provide the Form I-944, Declaration of Self-Sufficiency, or any evidence or documentation required on that form with their Form I-485. Applicants and petitioners for extension of nonimmigrant stay and change of nonimmigrant status should not provide information related to the receipt of public benefits on Form I-129 (Part 6), Form I-129CW (Part 6), Form I-539 (Part 5), and Form I-539A (Part 3).

USCIS will not consider information submitted by applicants or petitioners related solely to the Public Charge Final Rule for cases adjudicated on or after March 9, 2021.  Applicants who received a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) due on or after March 9, 2021 requesting information that is solely required under the Public Charge Final Rule, including but not limited to Form I-944, do not need to provide that information.  Applicants will still need to respond to any sections of the RFE or NOID that are unrelated to the Public Charge Rule, such as sections relating to eligibility for the status requested.

USCIS will issue additional guidance regarding the use of affected forms. In the meantime, submitted forms will not be rejected based on whether the Public Charge rule information is provided or not. 

Iandoli, Desai & Cronin, P.C., will continue to monitor these developments and will provide updates as they become available. 

Proposed changes to MA Driver’s License restrictions

When applying for a driver’s license in Massachusetts under the current law, noncitizen applicants must be able to show that their presences is authorized for at least 12 months from the date of application.  The proposed Work and Family Mobility Act (HD.448/SD.228) would enable all qualified state residents to apply for a standard Massachusetts driver’s license, regardless of immigration status, while keeping the state in full compliance with REAL ID requirements. The proponents of the legislation highlight that the ability to drive is an essential safety measure during the current pandemic and that individuals in the immigrant communities are frequently essential workers, live in multigenerational households, and are often cut off from federal relief funds.  A valid driver’s license is essential for employment and accessing many household necessities and medical care.  Supporters of expanded access to driver’s licenses consider it a public safety measure. 

“Buy American and Hire American” Executive Order revoked

On January 25, 2021, President Biden signed an Executive Order which effectively revoked former President Trump’s Buy American and Hire American Executive Order (“BAHA”). BAHA was signed on April 18, 2017 and resulted in the restrictive immigration policies enacted over the last few years, including: 

o   Rescission of USCIS’s deference policy to prior approvals for extension filings;

o   Issuance of the now rescinded H-1B Third-Party Worksite Memorandum;

o   Enhancement of Fraud Detection and Prevention’s site visit program for H-1B and L-1 employers.

The BAHA Executive Order further resulted in a sharp increase in requests for evidence (RFEs) and case denials across various case types. The press release issued by the American Immigration Lawyers Association (AILA) expressed that AILA “…anticipate[s] a shift in immigration policy. While change remains to be seen, this first step is a welcome shift for legal immigration.”

Iandoli, Desai & Cronin, P.C. will continue to monitor changing policies and will provide any updates when they are available. 

Paralegal Job Opening

Immigration Paralegal – Iandoli Desai & Cronin P.C. seeks a business immigration paralegal for a full-time, 40 hrs/week position. We are dynamic seven attorney immigration law firm serving professionals, businesses, and academic institutions. Our clients are leaders in medicine, engineering, bio-technology, and academia.  Our paralegals primarily:

• Assist attorneys in the preparation and filing of employment based immigrant (EB-1, EB-2, and EB-3) and nonimmigrant (H-1B, E-3, TN, L-1A, L-1B, O-1, E-1/E-2) petitions and supporting documentation;

• Assemble petitions and application packages for attorney review;

• Communicate with individual clients, HR representatives and government agencies;

• Help our firm’s clients gather necessary information/documents for filings;

• Use specialized Case Management software to monitor deadlines and expirations and draft petitions and applications;

• Draft support letters and other documents;

• Track client communications and government correspondence; and,

• Additional administrative duties may include: answering phones, scheduling appointments, generating invoices, filing, and other ad hoc tasks

Requirements:

• Must have a Bachelor’s Degree and at least two years of previous business immigration work experience.

• Excellent writing, computer, interpersonal, organizational, and time management skills due to the time-sensitive nature of many of our firm’s filings.

• A commitment to customer/client service is essential.

• Knowledge of a foreign language is helpful but not required. 

No JDs, LLBs, LLMs, or current/matriculating law students please. Exclusively working via telecommuting/work-from-home is not feasible for this position, as we are in-office on a rotating basis during the COVID-19 pandemic.

Please email résumé and cover letter to careers@iandoli.com with “immigration paralegal” in the subject line. No phone calls please.

Attorney Job Opening

Immigration Attorney – Iandoli Desai & Cronin P.C. is growing.  We are a friendly, collegial, high volume practice. Candidates must have a minimum of 2 years of experience with a variety of business and family immigration applications. The successful candidate will have strong academic and professional credentials, excellent writing skills, exacting attention to detail, experience with PERM, IV and NIV petitions and the ability to manage corporate clients and multiple projects. Candidates must be a member of the Massachusetts bar.  Salary commensurate with applicable experience.   We hire for the long-term and offer a competitive salary, health benefits and retirement plan. Interested applicants should contact careers@iandoli.com with resume and cover letter.  No phone calls please.

Temporary Travel Restrictions Extended with Canada and Mexico

Customs and Border Protection (CBP) has issued a notification of the continuation of temporary travel restrictions limiting travel of individuals from Canada and Mexico into the United States at land ports of entry along the United States-Canada and United States-Mexico border through January 21, 2021 due to COVID-19. 

Travel through the land ports of entry and ferry terminals along the border shall be limited to “essential travel,” which includes, but is not limited to—

• U.S. citizens and lawful permanent residents returning to the United States;

• Individuals traveling for medical purposes (e.g., to receive medical treatment in the United States);

• Individuals traveling to attend educational institutions;

• Individuals traveling to work in the United States (e.g., individuals working in the farming or agriculture industry who must travel between the United States and Canada in furtherance of such work);

• Individuals traveling for emergency response and public health purposes (e.g., government officials or emergency responders entering the United States to support federal, state, local, tribal, or territorial government efforts to respond to COVID-19 or other emergencies);

• Individuals engaged in lawful cross-border trade (e.g., truck drivers supporting the movement of cargo between the United States and Canada);

• Individuals engaged in official government travel or diplomatic travel;

• Members of the U.S. Armed Forces, and the spouses and children of members of the U.S. Armed Forces, returning to the United States; and

• Individuals engaged in military-related travel or operations.

The following travel does not fall within the definition of “essential travel” for purposes of this Notification—

• Individuals traveling for tourism purposes (e.g., sightseeing, recreation, gambling, or attending cultural events).

Department of State Expands Interview Waiver Eligibility

The Department of State (DOS) announced on December 29, 2020 that it has extended its policy to expand interview waiver eligibility for individuals applying for a nonimmigrant visa in the same classification. This policy is in effect until March 31, 2021. 

Previously, only those applicants whose nonimmigrant visa expired within 12 months were eligible for an interview waiver.  DOS has temporarily extended the expiration period to 24 months.   This change will allow consular officers to continue processing certain nonimmigrant visa applications while limiting the number of applicants who must appear at a consular section, thereby reducing the risk of COVID-19 transmission to other applicants and consular staff.  Travelers are encouraged to review the website of the nearest U.S. embassy or consulate for detailed information on what services are currently available as well as eligibility information and instructions on applying for a visa without an interview. 

Continued Delays in I-140 and I-485 Receipt Notices for October and November filings

Due to the substantial amount of I-485, Applications to Register Permanent Residence or Adjust Status and I-140, Immigrant Petitions for Alien Worker, filed with USCIS in October and November, there currently are longer than normal delays in the issuance of receipt notices.

Immigration attorneys nationwide report USCIS is taking upwards of 8+ weeks to issue and mail receipt notices to applicants and their attorneys for adjustment of status cases.

January Visa Bulletin

Each month, the U.S. Department of State (DOS) publishes the Visa Bulletin, listing all "preference" categories and states whether or not a backlog exists for each one.  In addition, the categories are folded into two charts: “Final Action” chart and a “Dates for Filing” chart for Family-Based immigration and Employment-Based immigration.

For January 2021, USCIS has indicated that for Employment-Based immigration, the “Final Action” chart should be used in establishing eligibility to file the I-485 Adjustment of Status petitions. This means that those who filed an Immigrant Petition [Form I-140] on or before the date given in the Visa Bulletin are able to file for permanent resident status [Form I-485]. 

In January, the EB-1 preference category on the Final Action Chart for all countries other than China and India is “current.” This means the I-485 applications may be filed immediately with the Form I-140.  China and India remain backlogged to September 1, 2019.

The EB-2 preference category remains “current” for all countries other than China and India which means that individuals in these categories may immediately file I-485 applications. China and India remain backlogged to June 1, 2016 and October 8, 2009, respectively. 

The EB-3 preference category is also “current” for all countries other than China and India which means that individuals in these categories may also immediately file Form I-485 applications. China and India stand at December 15, 2017 and March 22, 2010, respectively.   

If you have questions about planning, please feel free to reach out and schedule a consultation with one of the attorneys (info@iandoli.com). 

H-1B Planning Season is Upon Us with a New Process and New Deadlines

H-1B sponsorship is offered by U. S. employers for Foreign Nationals working for those employers in Specialty Occupations which require at least a bachelor’s degree (or the equivalent in education and/or experience).  Approved H-1B employees can work for the sponsoring employer for 3 years in the first instance.

USCIS has not announced any changes to the new e-registration tool this upcoming H-1B cap season.  As such, employers seeking to file H-1B cap-subject petitions for the fiscal year 2022 cap, including those eligible for the advanced degree exemption, must first electronically register. USCIS will open an initial registration period from March 1 through March 20, 2021. The H-1B random lottery process, if needed, will then be run on those electronic registrations. Only those with selected registrations will be eligible to file H-1B cap-subject petitions between April 2, and June 30, 2021. Given the timeline for e-registration, it is now the best time for employers to decide whether they will file H-1B petitions. 

Please feel free to contact the attorneys of Iandoli, Desai & Cronin now with your questions about potential H-1B sponsorship.