USCIS Biometric Services Appointment Notices for Forms I-539 Filed Online will not be Mailed in Paper Format, they will be Available through USCIS Online Account

USCIS has announced that for Forms I-539 filed online, they will not be mailing paper biometrics notices to applicants. Instead, applicants may access their biometrics appointment notices via their USCIS online account under “Documents” once the appointment has been scheduled. Applicants will then need to print out their biometrics appointment notices and bring them to their scheduled appointments.

State Department Revives Less Stringent Policy in Determining Nonimmigrant Intent for F-1 and M-1 Visas

The State Department has revived a less stringent policy for determining nonimmigrant intent for applicants seeking F-1 and M-1 visas. The policy acknowledges that students will not necessarily have the same strength of ties to their home country that an applicant for a tourist visa might have, and that they should not be subject to the same type of scrutiny when considering their residence abroad, whether they may potentially abandon it, and whether they intend to leave the US once they complete their studies.

Link: https://fam.state.gov/FAM/09FAM/09FAM040205.html

State Department Published Final Rule Allowing Certain Passport Renewal Applicants to Apply Online

The U.S. State Department published a final rule allowing passport renewal applicants who were previously eligible to apply by mail the additional option to apply online now. This rule became effective on December 23, 2021.

Link: https://www.govinfo.gov/content/pkg/FR-2021-12-22/pdf/2021-27404.pdf

CBP Extends Temporary Ability of U.S. Citizens to Travel with Expired Passports through March 31, 2022

U.S. Customs and Border Protection announced that the previous temporary policy of allowing U.S. citizens to travel on their expired U.S. passports has been extended until March 31, 2022. Please note that the passports affected are only those documents that expired on or after January 1, 2020.

Link: https://www.state.gov/extension-of-temporary-measure-allowing-return-travel-to-the-united-states-on-expired-u-s-passport/

Travel Restrictions on US/Mexico/Canada Border Lifted by CBP

On December 23, 2021, U.S. Customs and Border Protection published notices that announced the lifting of temporary restrictions that applied to non-essential travel by fully vaccinated travelers seeking to enter the U.S. via land ports and ferry service from Canada and Mexico. The lifting of these temporary restrictions had previously gone into effect on November 8, 2021.

Links: Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021; Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021

Waivers of the Interview Requirement for Certain Nonimmigrant Visas

The Secretary of State authorized consular officers to waive the requirement of an in-person interview for certain temporary employment nonimmigrant visa applications whose petitions have been approved by USCIS. This applies to temporary workers applying for H-1, H-3, H-4, L, O, P, and Q visas who meet certain conditions. These conditions include that they be applying for a visa in their country of nationality or residence.

Consular officers now have the discretion to waive the in-person interview for individual petition-based H-1, H-3, H-4, L, O, P, and Q applicants who were previously issued any type of visa, and who have never been refused a visa (unless a refusal was overcome or waived), and who do not appear to have any ineligibility or potential ineligibility. They may also, in their discretion, waive the visa interviews for first-time individual petition-based H-1, H-3, H-4, L, O, P, and Q visas who are citizens or nationals of a country that participates in the Visa Waiver Program, as long as they have no apparent ineligibility or potential ineligibility and they have previously traveled to the U.S. using an authorization obtained via the Electronic System for Travel Authorization (ESTA).

Link: https://travel.state.gov/content/travel/en/News/visas-news/important-announcement-on-waivers-of-the-interview-requirement-for-certain-nonimmigrant-visas.html

Omicron Travel Bans on Southern Africa Lifted on 12/31/21

President Biden revoked Presidential Proclamation 10315 as of December 31, 2021, rescinding the travel restrictions previously imposed on Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, and Zimbabwe.

Link: https://www.whitehouse.gov/briefing-room/presidential-actions/2021/12/28/a-proclamation-on-revoking-proclamation-10315/

DHS Extends Flexibility in Requirements Related to Form I-9 Compliance until April 30, 2022

ICE has extended the flexibility in rules related to Form I-9 compliance during the COVID-19 pandemic until April 30, 2022. This will continue to apply to employees hired on or after April 1, 2021, who work exclusively in a remote setting due to COVID-19-related precautions.

Link: https://www.ice.gov/news/releases/ice-announces-extension-i-9-compliance-flexibility-3

USCIS Extends Flexibility for Responding to Agency Requests until March 26, 2022

On December 30, 2021, USCIS extended the flexibilities it announced on March 30, 2022, to allow applicants, petitioners, and requestors responding to certain agency requests through March 26, 2022. This means that USCIS will consider a response received within 60 calendar days after the due date set forth in the requests or notices before taking any action, as long as the request or notice was issued anytime between March 1, 2020, and March 26, 2022. This applies to:

• Requests For Evidence;

• Continuation to Request Evidence (N-14);

• Notice of Intent to Deny;

• Notice of Intent to Revoke;

• Notice of Intent to Rescind;

• Notice of Intent to Terminate Regional centers; and

• Motion to Reopen an N-400 Pursuant to 8 CFR 333.5, Receipt of Derogatory Information After Grant.

USCIS will also consider a Form I-290B, Notice of Appeal or Motion, or a Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings, if the form was filed up to 90 calendar days from the issuance of a decision the service made; and that decision was made between November 1, 2021, and March 26, 2022. Please note that this is longer than the previously announced flexibility of 60 calendar days in these circumstances.

Link: https://www.uscis.gov/about-us/uscis-response-to-covid-19 (“Deadlines for Certain Requests, Notices, and Appeals”)

New USCIS Policy Authorizes Expedited Processing of Employment Authorization Documents (EADs) for Healthcare Workers

USCIS announced that healthcare workers with pending Employment Authorization Document (EAD) renewal applications whose EADs will expire in 30 days or less (or has already expired), can request expedited processing of their EAD application. 

Link: https://www.cisa.gov/sites/default/files/publications/essential_critical_infrastructure_workforce-guidance_v4.1_508.pdf (“Healthcare/Public Health section, pages 7-9)