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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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Corporate & Counsel Interlude: Employer Impact Statement on Parole and DACA/Dreamer Executive Order

By Ceri Koski and Charina Garcia What does this week’s “Keeping Families Together” initiative mean for corporate immigration? In the light of the White House’s June 18th announcement to provide work visas and a green card pathway for long-term residents of the U.S., this week’s newsletter will cover these two initiatives’ impact on corporate immigration programs.    Because we expect this development to have widespread impact, I welcome Charina Garcia’s shared insight to explained this program.  Charina Garcia is WR Immigration’s Strategy and Innovation Partner.  She hosts Chatting with Charlie monthly to deconstruct and explain Visa Bulletin Developments and hosts a Podcast called “Beyond Immigration Law.”  Since 1997, Charina has served employers across industries, always developing programs to improve stakeholder experiences.    Green Card Pathway  The Parole-In-Place program is grounded in the Executive Branche’s authority to exercise favorable discretion and grant Humanitarian Parole.  If approved, the government would effectively process the applicant as inspected and paroled into the United States so that the applicant is eligible for immigration benefits.     The Parole-in-Place green card pathway program applies only to individuals who:  Beneficiaries of this program would be granted a one-time parole period of three years and eligible for work authorization for up to […]

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Immigration Update

In this edition, find the latest news on the termination of the ‘Remain in Mexico’ Policy, expanded eligibility for Deferred Enforced Departure for Liberians, the CBP announcing the end of using expired passports for U.S. Citizens, and more. Supreme Court Allows Biden Administration to Terminate ‘Remain in Mexico’ Policy On June 30, 2022, the Supreme Court held that the Biden administration could end the so-called “Remain in Mexico” policy, which required asylum seekers to wait in Mexico for their immigration hearings. The Court ruled that the Biden administration’s attempt to terminate it via a memorandum issued in October 2021 was a valid final agency action. The Court reversed the judgment of the Court of Appeals and remanded the case for further proceedings consistent with its opinion. On remand, “the District Court should consider in the first instance whether the October 29 Memoranda comply with section 706 of the [Administrative Procedure Act,” the Court said. Chief Justice Roberts delivered the opinion of the Court, in which Justices Breyer, Sotomayor, Kagan, and Kavanaugh joined. Justice Kavanaugh filed a concurring opinion. Justices Alito, Barrett, Thomas, and Gorsuch dissented. Details:  Biden v. Texas, 597 U.S. (2002), https://www.supremecourt.gov/opinions/21pdf/21-954_7l48.pdf  “The U.S. Supreme Court Rules Administration Can […]

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