Immigration Update

Jul 6, 2021 | Immigration Updates

In this edition, read about the Biden Administration’s Naturalization Campaign, a District Court vacating a final rule affecting wages for H-1B and PERM workers, USCIS’ guidance following the June 30th expiration of the EB-5 Regional Center program, and more.

Biden Administration Kicks Off Cross-Agency Naturalization Campaign

Happy July fourth. The Biden administration announced an interagency campaign to promote naturalization “to all who are eligible.” Secretary of Homeland Security Alejandro Mayorkas said that the strategy “will ensure that aspiring citizens are able to pursue naturalization through a clear and coordinated process.” U.S. Citizenship and Immigration Services (USCIS) said that the interagency strategy for promoting naturalization reflects the collaboration of USCIS; the Departments of Education, Health and Human Services, State, Labor, Housing and Urban Development, Defense, Justice, Veterans Affairs, and Agriculture, and the Social Security Administration. These agencies are part of the interagency naturalization working group established pursuant to President Biden’s executive order 14012, issued in February, to prioritize citizenship education and awareness through capacity building and expanded partnerships. USCIS reported that more than 9,400 new citizens will be naturalized in 170 ceremonies between June 30 and July 7, 2021. This year’s Independence Day activities included a naturalization ceremony with President Biden at the White House on July 2 and a ceremony with Secretary Mayorkas administering the oath of allegiance virtually to 22 military service members serving overseas, which took place on June 30.

Details: Interagency Strategy for Promoting Naturalization, July 2, 2021, https://www.uscis.gov/promotingnaturalization

District Court Vacates Final Rule Affecting Wages for H-1B, PERM Workers; OFLC Updates Implementation

The H-1B prevailing wage system is safe!  On June 23, 2021, the U.S. District Court for the Northern District of California issued an order vacating the Department of Labor’s rule that would have greatly increased prevailing wages for H-1B petitions.  The case was remanded to DOL, which actually did not oppose the court’s action. In light of the June order vacating the final rule, the operative version of the regulations at 20 CFR §§ 656.40 and 655.731 “continues to be the version in place on October 7, 2020, prior to the publication” of the interim final rule, the Office of Foreign Labor Certification said. The Department will need to issue a new regulation if it wishes to change the current prevailing wage for high-skilled foreign nationals. In April 2021, the Department requested information from the public on data sources for calculating the prevailing wage for H-1B visa holders and employment-based immigrants. DOL may use the information it received from the public if it decides to make changes to the prevailing wage system for foreign-born professionals.

Details: OFLC announcement (scroll down to June 29, 2021), https://www.dol.gov/agencies/eta/foreign-labor 

Back to Top

USCIS Releases Guidance Following June 30 Expiration of EB-5 Regional Center Program

The EB-5 Immigrant Investor Regional Center Program expired on June 30, 2021. U.S. Citizenship and Immigration Services released related guidance on July 1, 2021, noting that the lapse does not affect EB-5 petitions filed by investors who are not seeking a visa under the Regional Center Program. Due to the lapse, USCIS will reject the following forms received on or after July 1, 2021: Form I-924, Application for Regional Center Designation Under the Immigrant Investor Program, except when the application type indicates that it is an amendment to the regional center’s name, organizational structure, ownership, or administration; and Form I-526, Immigrant Petition by Alien Investor, when it indicates that the petitioner’s investment is associated with an approved regional center. USCIS said it will continue to accept and review Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, including those filed on or after July 1, 2021. USCIS is rejecting all Forms I-485, Application to Register Permanent Residence or Adjust Status, and any associated Forms I-765, Application for Employment Authorization, and Forms I-131, Application for Travel Document, based on an approved Regional Center Form I-526.

Details: USCIS alert, July 1, 2021, https://www.uscis.gov/working-in-the-united-states/permanent-workers/eb-5-immigrant-investor-program

Back to Top

State Dept. Provides Guidance on COVID-19 Restrictions and Exceptions, Including National Interest

The Department of State released guidance on June 24, 2021, on restrictions and exceptions under four presidential proclamations that suspend entry into the United States of noncitizens who were physically present in any of 33 countries during the 14-day period preceding their entry or attempted entry into the United States. The exceptions include general categories like U.S. citizens, lawful permanent residents, and certain types of workers, as well as national interest.

Details: “COVID-19 Travel Restrictions and Exceptions,” Dept. of State, June 24, 2021, https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/covid-19-travel-restrictions-and-exceptions.html

Back to Top

Related Posts:

WR Immigration News Digest

Policy Update: U.S. Visa Interview Waiver Eligibility Reduced to 12 Months On February 13, 2025, the U.S. Department of State implemented a policy change reducing the eligibility period for interview waiver (Dropbox) appointments from 48 months to 12 months. This change applies immediately and affects applicants submitting passports for visa renewal at consular locations, including those who scheduled appointments months in advance under the previous 48-month eligibility rule. Applicants who no longer meet the revised criteria must now schedule a new appointment for a consular interview. Impact: Global mobility teams should review upcoming visa renewals, identify affected employees, and assist with rescheduling consular appointments as needed. OFLC to Remove Older Records from FLAG System On February 14, 2025, the Department of Labor’s Office of Foreign Labor Certification (OFLC) announced that, starting March 20, 2025, records older than five years will be deleted from the Foreign Labor Access Gateway (FLAG) System. Deletions will be based on the final determination date recorded in FLAG. For example, cases with a final determination date of March 21, 2020, will be removed on March 21, 2025. OFLC advises stakeholders to download any records they wish to retain before they become eligible for deletion. Affected Programs: […]

Immigration Update

In this edition, find the latest news on the USCIS policy guidance, OFLC round 4 FAQs, USCIS’ new online appointment request form, and more! USCIS Updates Policy Guidance on CSPA ‘Sought to Acquire’ Requirement U.S. Citizenship and Immigration Services (USCIS) announced on August 24, 2023, that it is updating the USCIS Policy Manual to clarify how it will apply the extraordinary circumstances exception to the “sought to acquire” requirement under the Child Status Protection Act (CSPA) in light of a February 14, 2023, policy change updating when an immigrant visa becomes available for the purpose of calculating an applicant’s CSPA age. USCIS explained that the CSPA protects certain beneficiaries from losing their eligibility for immigrant visas and adjustment of status because they age during the immigration process and no longer qualify as a child for immigration purposes. To benefit from the CSPA, noncitizens must seek to acquire lawful permanent resident status within 1 year of when an immigrant visa becomes available, USCIS noted. The update: USCIS explained that under the policy guidance in effect before February 14, 2023, some noncitizens may not have applied to adjust status because a visa was not available to calculate their CSPA age under the […]