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Immigration Update

Jun 28, 2021 | Immigration Updates

In this edition, read about the EB-5 program’s outlook, temporary travel restrictions continuing from Canada and Mexico, and USCIS allowing resubmission of certain rejected or closed FY 2021 H-1B petitions.

EB-5 Program to Expire June 30 After Efforts Fail in Senate; Reauthorization Still Possible Later

Uncertainty for a long-standing program: the EB-5 regional center program, under which foreign investors indirectly finance projects in the United States in exchange for green cards, is set to expire on June 30, 2021. An effort to extend the program failed in the Senate on June 24, 2021, because Sen. Lindsey Graham (R-S.C.) objected to unanimous consent. Since the Senate has recessed until July, it appears that the EB-5 regional center program will expire. It remains to be seen whether Congress will reauthorize it later. However, the program enjoys broad bipartisan support and we expect it to be reauthorized.  We will keep you posted.

Details: “What Happens if the EB-5 Regional Center Program Expires on June 30?,” EB-5 Daily, May 4, 2021, https://www.eb5daily.com/2021/05/what-happens-if-the-eb-5-regional-center-program-expires-on-june-30/

CBP Continues Temporary Travel Restrictions from Canada, Mexico Into United States Via Land POEs and Ferries

The COVID-19 travel restrictions for Canada and Mexico continue for now. The Department of Homeland Security (DHS) announced that temporary limits on nonessential travel of individuals from Canada or Mexico into the United States at land ports of entry along the border, including ferry service, will continue through July 21, 2021. The restrictions only allow processing for entry into the United States of those travelers engaged in “essential travel,” as defined in the notice.

Details: Federal Register notice (Canada), June 23, 2021, https://www.govinfo.gov/content/pkg/FR-2021-06-23/pdf/2021-13238.pdf Federal Register notice (Mexico), June 23, 2021, https://www.govinfo.gov/content/pkg/FR-2021-06-23/pdf/2021-13235.pdf

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USCIS Allows Resubmission of Certain FY 2021 H-1B Petitions Rejected or Closed Due to Start Date

Good news for erroneously rejected filings. U.S. Citizenship and Immigration Services (USCIS) announced on June 23, 2021, that it will accept resubmitted fiscal year (FY) 2021 H-1B cap-subject petitions that were rejected or administratively closed solely because the requested start date was after October 1, 2020. Those whose FY 2021 petitions were rejected or administratively closed solely because the petition was based on a registration submitted during the initial registration period, but the petitioner requested a start date after October 1, 2020, may resubmit that previously filed petition, with all applicable fees. Such petitions must be resubmitted before October 1, 2021, USCIS said. If properly resubmitted, the agency will consider the petition to have been filed on the original receipt date.

Details: USCIS alert, June 23, 2021, https://www.uscis.gov/news/alerts/uscis-will-allow-resubmission-of-certain-fy-2021-h-1b-petitions-rejected-or-closed-due-to-start-date

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