USCIS Announced an Expansion of Premium Processing for Nonimmigrants Seeking to Change their Status into F, M, or J Visas

On June 12, 2023, U.S. Citizenship and Immigration Services (USCIS) announced the expansion of premium processing for applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status, and seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 nonimmigrant status. Online filing of Form I-907, Request for Premium Processing Service, will also be available for these applicants.

The premium processing expansion for certain Form I-539 applicants occurred in phases:

•  Beginning June 13, USCIS began accepting Form I-907 requests, filed via paper form or online, for applicants seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 status, who have a pending Form I-539, Application to Extend/Change Nonimmigrant Status.

• Beginning June 26, USCIS began accepting Form I-907 requests, filed either via paper form or online, for applicants seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 status, when filed together with Form I-539.

USCIS also provided several important reminders and clarifications:

• This phase of premium processing service is only available for change of status requests. Premium processing is not available for individuals seeking an extension of stay in M-1 or M-2 status.

• Individuals must submit Form I-907 the same way they submitted Form I-539.

  • Ex. If an applicant mailed a paper Form I-539 to us, they must mail a paper Form I-907; and if they submitted Form I-539 online, they must submit Form I-907 online.

• Applicants must submit their biometrics before premium processing can begin for these specific categories. Even if USCIS accepts an applicant’s Form I-907 and accompanying fees, the time limit for premium processing will not start running until the applicant and all co-applicants included on the Form I-539 submit their biometrics. Please note, USCIS may reject an applicant’s Form I-907 and/or Form I-539 if submitted with another benefit request, including multiple Forms I-907 requests filed together.

Links:

• USCIS Announcement

Nonimmigrant Visa Fee Increases Took Effect June 17, 2023

As of June 17, 2023, the nonimmigration visa (NIV) application processing fee for visitor visas for business or tourism (B1/B2s and BCCs), and other non-petition based NIVs such as student and exchange visitor visas (F, M, and J visas), will increase from $160 to $185. The fee for certain petition-based NIVs for temporary workers (H, L, O, P, Q, and R categories) will increase from $190 to $205. The fee for a treaty trader, treaty investor, and treaty applicants in a specialty occupation (nonimmigrant E category) visa will increase from $205 to $315. NIV fees paid prior to June 17, 2023, will remain valid through the expiration date on the fee receipt. This rule did not change any other fees, including the fee for a waiver of the two-year home residency requirement for certain exchange visitors.

Links:

• DOS Fee List

U.S. v Texas 8-1 SCOTUS Ruling Upholds Biden Administration Enforcement Priorities

On June 23, 2023, the Supreme Court (SCOTUS) upheld President Biden’s administration’s immigration enforcement guidelines. The case concerned the immigration enforcement priorities that the Biden administration had laid out in a memorandum regarding whom immigration authorities should focus their resources on when considering individuals for arrest and deportation. Texas and Louisiana sued to stop the implementation of the guidelines set out in the memo and stated that the guidelines prevented immigration officials from properly carrying out the duties of their jobs. The Supreme Court disagreed with Texas and Louisiana, voting 8 – 1 that the states lacked the appropriate standing to challenge the guidelines. Following this ruling, the Biden Administration’s guidelines will take effect. The guidelines focus on routing enforcement resources towards individuals who pose a threat to national security and public safety, as well as border security threats rather than diverting those resources to deporting an individual who is in the U.S. without authorization.

Links:

•  U.S. v Texas Decision

• NPR Article

The Work and Family Mobility Act becomes law in Massachusetts

Starting July 2023, eligible residents in Massachusetts can obtain a Standard (Class D or M) driver's license, regardless of immigration status, under the Work and Family Mobility Act.

To obtain a license, the Massachusetts Registry of Motor Vehicles (MA RMV) will require all applicants to prove their identity and date of birth, social security status, and Massachusetts residency. Drivers will also be required to pass a learner's permit exam, vision screening, and a road test.

The MA RMV has published a Work and Family Mobility Act website: http://mass.gov/WFMA. They have also launched a Work and Family Mobility Act informational phone line to provide information about how to apply for a standard driver’s license (in multiple languages): 857-9362 (WFMA).

Links:

• MA RMV WFMA website

• Massachusetts Government FAQ website

• WBUR article

We’re Hiring!

Iandoli, Desai, and Cronin P.C. has an immediate opening for a full-time Immigration Paralegal. We are dynamic eight attorney and twelve paralegal immigration law firm serving professionals, businesses, and academic institutions. Our clients are leaders in medicine, engineering, biotechnology, and academia. The paralegal will primarily:

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

• Assemble petitions and application packages.

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

• Help individuals gather necessary information/documents.

• 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

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

Must have a bachelor’s degree and excellent writing, computer, interpersonal, organizational, and time management skills. Must be able to meet rigid deadlines and prioritize tasks.

NO JDs, LLBs, LLMs, or current/matriculating law students.

Please email résumé and cover letter to careers@iandoli.com

No phone calls please. Only those candidates selected for an interview will be contacted.

June 2023 Visa Bulletin

Each month, the U.S. Department of State (DOS) publishes the Visa Bulletin, listing all "preference" categories and states whether 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 June 2023, USCIS has indicated that for Employment-Based immigration, the “Final Action Dates” 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 may file an application for permanent resident status [Form I-485].

In February, 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. However, applicants from China and India are subject to the final action date of February 1, 2022.

The EB-2 preference category remains retrogressed for all countries (including China and India) which means that individuals in these categories will not be able to file I-485 applications unless they have a “current” priority date.  The priority date for all countries except India and China in the EB-2 preference is February 15, 2022.  All otherwise qualified individuals with a priority date before February 15, 2022, may file their I-485 applications. 

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

Mass. Senate budget would extend in-state tuition to undocumented immigrant students

On May 7, 2023, State Senate leaders in Massachusetts presented a budget plan that includes extending would extend in-state tuition rates to undocumented immigrant students who graduate from Massachusetts high schools.  This $55.8 billion budget proposal is lower than the $56.2 billion budget proposed by the House, in addition to adding the proposal for in-state tuition.  The differences between the two budget bills will need to be rectified before the bill can be sent to the Governor later this summer.

Currently, undocumented immigrants who live in Massachusetts are not eligible for the lower, in-state tuition rates at public colleges and universities. The Senate’s budget would make all students eligible for in-state tuition, regardless of immigration status, as long as they attend a Massachusetts high school for at least three years and graduate or earn a GED in the state.

Twenty-three states and Washington, D.C. currently offer in-state tuition to undocumented immigrants. In state tuition for undocumented students has been proposed in Massachusetts before, but was vetoed by the governor in 2006, and was rejected by the House of Representatives in 2006.  The budget bills will need to be debated in the State Legislature before being sent to the Governor over the summer.

The Student and Exchange Visitor Program (SEVP) ended its COVID-19 guidance on May 11, 2023, consistent with the end of the COVID-19 Public Health Emergency on May 11, 2023.

On May 11, 2023, the Student and Exchange Visitor Program (SEVP) announced the end of its  Corona Virus (COVID-19) guidance, consistent with the end of the COVID-19 Public Health Emergency.  This announcement was made after the President officially announced the end of the COVID-19 National Emergency on April 10, 2023.

While the SEVP’s COVID-19 guidance is terminated as of May 11, 2023, Active F and M students will be able to complete the 2022-23 academic year under the COVID-19 flexibilities through the 2023 summer semester. However, active F and M students will not be permitted to count online classes toward a full course of study in excess of the regulatory limits stated in 8 CFR 214.2(f)(6)(i)(G) and 8 CFR 214.2(m)(9)(v) for the 2023-24 academic year.

Initial or re-entering students must enroll in programs complying with the regulatory limits for distance learning as stated in 8 CFR 214.2(f)(6)(i)(G). Designated school officials should not issue Forms I-20, “Certificate of Eligibility for Nonimmigrant Student Status,” for students in new or initial status who are outside of the United States who plan to take classes at an educational institution certified by SEVP for a program of study that contains online components in excess of the regulatory limits.

For schools, while all previously submitted procedural change plans are voided as of May 11, 2023, Active F and M students will be able to complete the 2022-23 academic year under the flexibilities through the 2023 summer session. With the beginning of the fall 2023 session, schools must comply with all regulatory limits in 8 C.F.R. 214.2(f), 8 C.F.R. 214.2(m), 8 C.F.R. 214.3 and 8 C.F.R. 214.4.

The Department of Homeland Security is ending temporary I-9 flexibilities

The U.S. Department of Homeland Security has announced that COVID-19 temporary flexibilities for Form I-9, Employment Eligibility Verification, will end on July 31, 2023. U. S. Immigration and Customs Enforcement (ICE) has also announced that employers must complete in-person physical document inspections for employees whose documents were inspected remotely during the temporary flexibilities by August 30, 2023.

This new announcement gives employers additional time to complete in-person physical inspection of identity and employment authorization documents for employees hired during the pandemic who did not undergo the usual physical inspection of documents and annotate the Form I-9 for this population. These flexibilities were initially announced in March 2020 and updated in March 2021.

DHS Announces Upcoming Re-parole Process for Afghan Nationals

On May 5, 2023 the Department of Homeland Security (DHS) announced it is establishing a process to re-parole eligible Afghan nationals so they can continue living and working legally in the United States. Beginning in June, Afghan nationals who arrived in the United States under humanitarian parole through Operation Allies Welcome (OAW) will be able to request a re-parole through online and paper filing. As with any parole request, these requests will be considered on a case-by-case basis for urgent humanitarian reasons and significant public benefit.

Afghan nationals are encouraged to pursue a permanent status in the United States for which they may be eligible, including through the Special Immigrant and Asylum processes, and are encouraged to create or update online accounts on myUSCIS.  More information about services and programs available to Afghan nationals can be found here on USCIS’s webpage dedicated to this information.