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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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H-1B Cap Season Arrives

H-1B cap season is here, and it’s time to think about who might be eligible for an H-1B visa. The H-1B cap registration will take place at the end of March, and USCIS will conduct its lottery in early April. Once the lottery has taken place, the winners must file their H-1B petitions within 90 days.    For first-time H-1B petitions, registration for the H-1B cap is needed in March. Foreign nationals applying for an H-1B for the first time holding the following visa statuses should register:  F-1 Optional Practical Training (OPT)  F-1 STEM OPT  TN (Canadian or Mexican) if more stable status is desired  L-1 if there is a PERM application and an extension beyond 5 or 7 years is needed   Before filing an H-1B registration, we recommend scheduling an assessment of your case to determine its viability and to evaluate any issues that might result in USCIS responding with a Request for Evidence.    We will post further information as the season progresses. Please do not hesitate to contact us or schedule a consultation if you have any questions.  

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Creating a Path to Citizenship: Update on President Biden’s Legislative Proposal for Immigration Reform

Within his first 100 days of office, President Biden introduced a 353-page comprehensive immigration reform bill that would provide a path to citizenship to undocumented children, address the root causes of migration, make efforts to responsibly manage the southern border, reform the immigrant visa system, and serve other goals. But what are the odds that President Biden’s ambitious plans for immigration reform will pass and become enacted into law? Given narrow party divisions in the House and Senate, large-scale immigration reform has been historically difficult to push through Congress.  Piecemeal legislation has a much higher chance of surviving the legislative process. At present, lawmakers are focused on incorporating a pathway to citizenship into President Biden’s multitrillion dollar reconciliation package under consideration by Congress. The budget plan, which passed in the House of Representatives in late August, includes provisions to facilitate legal permanent residency for undocumented children, Temporary Protected Status (TPS) holders, and farmworkers.  It also earmarks $107 billion for immigration and border security. However, special rules restrict the type of measures that can be passed as part of budget reconciliation, and it is uncertain whether language concerning immigration reform will remain intact.    Senate Democrats will be meeting with the […]

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