Visa Lawyer Blog

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In this blog post, we share with you some exciting new updates in immigration for Croatia and Syria.

We are very happy to announce that Croatia has now joined the Visa Waiver Program. The Visa Waiver Program allows foreign nationals of participating countries to travel to the United States for purposes of tourism or business without having to obtain a U.S. visa. Such stays are limited to 90 days or less, and all travelers must have a valid and approved Electronic System for Travel Authorization (ESTA) prior to traveling to the United States.

Visa Waiver participants are not eligible to change or extend their status within the United States during those 90 days. Only applicants who enter on a U.S. visa may apply for a change or extension of status with USCIS. It is also important to note, that applicants who have been denied a U.S. visa in the past are ineligible for ESTA.

When can Croatian nationals travel under the Visa Waiver Program?

The Secretary of Homeland Security Alejandro Mayorkas, and Secretary of State Antony Blinken designated Croatia as a new participant in the program, that is set to start no later than December 1, 2021. The agencies announced that the ESTA interface will soon be updated to allow Croatian nationals to apply for ESTA prior to travel to the United States. Applicants should note that ESTA authorizations are generally valid for two years.  Those with valid B1/B2 visas are recommended to continue to use their visas for travel to the United States.

Following the announcement, Secretary Mayorkas said that the designation of Croatia as a new participant in the Visa Waiver Program is an important recognition of U.S./Croatian shared economic and security interests.

With this new announcement, Croatia becomes the 40th member of the Visa Waiver Program found eligible to participate after having met strict requirements.

Who else is eligible to travel using the Visa Waiver Program?

For a complete list of countries currently participating in the Visa Waiver Program please click here.

TPS for Syria EADs Automatically Extended through March 28, 2022

We would also like to announce some important information for Temporary Protected Status beneficiaries from Syria. The U.S. Department of Homeland Security has automatically extended the validity of Employment Authorization Documents (EADs) for beneficiaries with a Category Code of A12 or C19 issued under Temporary Protected Status (TPS) for Syria through March 28, 2022.

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Welcome back to Visalawyerblog! In this post, we give you the rundown on the most exciting immigration updates recently announced by the United States Citizenship and Immigration Services (USCIS).

These announcements provide important information for applicants including, extended flexibility policies for responding to Requests for Evidence, new COVID-19 vaccination requirements for green card applicants, automatic 24-month extensions of status for petitioners who have properly filed Form I-751 Petition to Remove Conditions on Residence or Form I-829 Petition by Investor to Remove Conditions on Permanent Resident Status starting September 4, 2021, and continuance of TPS designations for nationals from certain countries.

The Rundown: What do I need to know about these new updates?

USCIS RFE/NOID Flexibility Continued for Responses to Agency Requests

USCIS has announced that it will continue its flexibility policy giving applicants and petitioners more time to respond to Requests for Evidence during the COVID-19 pandemic. On September 24, 2021, USCIS made the announcement that it will continue to grant applicants who have received a request for evidence, notice of intent to deny, or such a related document, an additional 60 calendar days after the response deadline indicated on the notice or request, to submit a response to a request or notice, provided the request or notice was issued by USCIS between March 1, 2020 through January 15, 2022. This is great news because it will allow applicants and petitioners more time to gather documents that are hard to obtain during the COVID-10 pandemic.

What documents qualify for this flexibility in responding?

Applicants who receive any of the below mentioned documents dated between March 1, 2020 and January 15, 2022 can take advantage of the additional 60 days to respond to the request or notice:

  • Requests for Evidence;
  • Continuations to Request Evidence (N-14);
  • Notices of Intent to Deny;
  • Notices of Intent to Revoke;
  • Notices of Intent to Rescind;
  • Notices of Intent to Terminate regional investment centers; and
  • Motions to Reopen an N-400 pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings, if:

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Welcome back to Visalawyerblog! In this blog post, we will cover the release of the October Visa Bulletin 2021 and what you can expect for employment based and family preference categories during the month of October 2021.

The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month. The “Final Action Dates” and “Dates for Filing Applications,” charts indicate when immigrant visa applicants should be notified to assemble and submit the required documentation to the National Visa Center.

If you would like to follow along on each month’s progress for the Visa Bulletin please be on the lookout for the “Chats with Charlie” series on the DOS YouTube Channel. 

Chats with Charlie is a monthly series recently launched by the State Department where Charlie Oppenheim, Chief of the Immigrant Visa Control & Reporting Division of the U.S. Department of State, answers your frequently asked questions regarding each month’s Visa Bulletin. Questions can be emailed to VisaBulletin@state.gov ahead of the event with “Chat with Charlie Question” in the subject line.

For a detailed dive into the October 2021 Chats with Charlie broadcast please click here.

Adjustment of Status Filings for those lawfully residing in the United States

In general, if USCIS determines there are more immigrant visas available for a fiscal year than there are known applicants for such visas, the agency will provide instructions on the www.uscis.gov/visabulletininfo webpage that applicants may use the Dates for Filing chart. Otherwise, USCIS will indicate that applicants must use the Final Action Dates chart to determine when they may file their adjustment of status application with USCIS. If a particular immigrant visa category is “current” on the Final Action Dates chart or the cutoff date on the Final Action Dates chart is later than the date on the Dates for Filing chart, applicants in that immigrant visa category may file using the Final Action Dates chart during that month.

Adjustment of Status Filing Chart October 2021

For Family-Sponsored Filings:

Pursuant to guidance released by USCIS, in the F2A category, there is a cutoff date on the Dates for Filing chart. However, the category is “current” on the Final Action Dates chart. This means that applicants in the F2A category only may file using the Final Action Dates Chart in the Department of State Visa Bulletin for October 2021.

For all other family-sponsored preference categories, applicants must use the Dates for Filing Chart in the Department of State Visa Bulletin for October 2021.

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You have all heard the news. A new House bill has been introduced that if passed would provide a pathway to citizenship for millions of undocumented immigrants living in the United States without legal status. But what exactly does the bill include? In this blog post we share with you the highlights of the America’s Children Act of 2021 also known as H.R. 4331.

Bill Highlights

Among the highlights of America’s Children Act of 2021 the bill:

  • Provides a pathway to permanent residency for individuals who were brought to the United States at a young age, TPS recipients, individuals under DED status, and essential workers, who have maintained continuous physical presence in the United States since their entry, and/or have graduated from an institution of higher education;
  • Establishes protections for Diversity Visa lottery winners who could not come to the United States from 2017 to present due to COVID-19 related delays;
  • Creates special provisions to recapture unused visas and provides a waiver of numerical limitations for beneficiaries of approved immigrant visa petitions currently waiting for their priority dates to become current

Who would benefit?

The main section of the bill would provide a pathway to citizenship for people in DACA (Deferred Action for Childhood Arrivals) status and also people who may not have qualified for DACA. Individuals in Temporary Protected Status and those who received Deferred Enforced Departure would also be eligible. Qualifications differ among these groups and many more changes are expected however the key provisions have been mentioned above. To obtain permanent residence, individuals cannot be disqualified based on grounds of ineligibility and must complete “security and law enforcement background checks” and a medical examination.

Pathway to Citizenship for Dreamers

Under the committee print released by the House Judiciary Committee, certain aliens would be eligible to adjust their status to permanent residence within the United States, by paying a supplemental fee of $1,500 and passing criminal checks. To be eligible, an alien would have to show that he or she:

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Welcome back to Visalawyerblog! In this blog post we share with you an overview of the State Department’s October 2021 Q&A answer session with Charlie Oppenheim, Chief of the Immigrant Visa Control and Reporting Division of the U.S. Department of State, also known as “Chats with Charlie,” broadcasted every month on the State Department’s YouTube channel.

This new series features a monthly Question-and-Answer session with Mr. Charles Oppenheim and a Consular officer, where they answer many of the public’s frequently asked questions and provide a monthly analysis of each month’s Visa Bulletin. This discussion will provide details regarding what to expect in terms of the movement or retrogression of both family and employment-based preference categories on each month’s Visa Bulletin.

Questions for Charlie can be emailed in advance to VisaBulletin@state.gov ahead of each monthly session with “Chat with Charlie Question” in the subject line.

Be sure to subscribe to the State Department’s YouTube Channel and turn on your notifications so you do not miss any of these important updates.

Below are the highlights of the visa projections for October 2021.

DOS Q&A Session with Charlie Oppenheim: October 2021 Visa Bulletin Projections & Beyond

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The fate of nearly 8 million undocumented immigrants now rests in the hands of Senate Parliamentarian, Elizabeth MacDonough.

On Friday, September 10, 2021, Democratic Congressmen, and women, met with the Senate staffer in hopes of convincing her to allow a piece of legislation to be introduced in the Democratic party’s upcoming $3.5 trillion spending bill, which would, for the first time in decades set in motion the implementation of comprehensive immigration reform.

The spending bill includes a provision that would carve out a pathway to citizenship for “Dreamers” participating in the Deferred Action for Childhood Arrivals Program (DACA) that were brought to the United States illegally as children. The bill would also open a door for legalization to recipients of Temporary Protected Status, farmworkers, and certain undocumented workers deemed “essential.” It is estimated that nearly 8 million undocumented immigrants would qualify for permanent residence through this proposal, offering the first big victory for comprehensive immigration reform.

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Can you receive a green card under the EB-2 classification (National Interest Waiver) as the developer of an innovative application that improves the health and wellness of chronically ill U.S. Citizens?

In this blog post, we share with you how our office was able to do just that despite initial challenges that were presented in our client’s case and previous unsuccessful filings in other visa classifications, where the adjudicating officer refused to recognize the applicant’s extraordinary ability in the field of health and business development despite a plethora of documentary evidence of his unique skills.

An Overview: What are the EB-2 NIW Requirements?

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Welcome back to Visalawyerblog! We hope our readers had a wonderful Labor Day weekend. We kick off the start of a brand-new week with great news for I-751 Removal of Conditions applicants.

On September 3, 2021, the United States Citizenship and Immigration Services (USCIS) announced that effective September 4, 2021, the agency will now be extending the time that receipt notices can be used to show evidence of lawful status for conditional permanent residents who must file Form I-751 Petition to Remove Conditions on Residence or Form I-829 Petition by Investor to Remove Conditions on Permanent Resident Status.

As of September 4, 2021, USCIS will issue receipt notices automatically extending a conditional resident’s period of lawful status from 18 to 24 months, following the proper filing of Form I-751 or I-829 to remove conditions on permanent residence. The additional time period has been given to accommodate the lengthy processing times for both Form I-751 and Form I-829 during the COVID-19 pandemic.

How can I show evidence of my lawful status once I have submitted I-751 or I-829?

Effective September 4, 2021, conditional permanent residents who properly file Form I-751 or Form I-829 will receive a receipt notice (Notice of Action) in the mail that can be presented along with Form I-551, Permanent Resident Card (also known as a Green Card), as evidence of continued status for up to 24 months past the expiration date on the Green Card, while the removal of conditions application remains pending with USCIS.

What if I filed my I-751 case before September 4, 2021?

For those who properly filed their Form I-751 or Form I-829 before September 4, 2021, USCIS has said that it will issue new receipt notices to eligible conditional permanent residents whose cases remain pending. Applicants may use those receipt notices as evidence of continued status for 24 months past the expiration date on their Green Card.

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Welcome back to Visalawyerblog! We hope that you are having a wonderful week and are looking forward to your Labor Day weekend.

In this blog post, we share with you some recent immigration updates relating to automatic renewals for certain categories of applicants filing Employment Authorization Document renewal applications. In this post we also discuss Form I-9 Employment Eligibility Verification flexibilities recently extended due to the COVID-19 health crisis.

DHS Extends Form I-9 Requirement Flexibility (Effective September 1, 2021)

In order to remain in compliance with federal regulations, U.S. employers must complete Form I-9 Employment Eligibility Verification, to verify the identity and employment authorization documents of their employees.

On September 1, 2021, the Department of Homeland Security and U.S. Immigration and Customs Enforcement, announced that they will be extending previously issued flexibility guidelines for employers and noncitizen employees to comply with Form I-9 requirements due to the ongoing COVID-19 pandemic. DHS has extended these flexibility requirements until December 31, 2021.

What do the flexibility guidelines say?

DHS first introduced the I-9 flexibility guidelines on April 1, 2021, abandoning the requirement that employers inspect employees’ Form I-9 identity and employment eligibility documentation in-person for most employees. Employees who physically report to work at a company location on any “regular, consistent, or predictable basis” are not exempt from the in-person inspection requirement.

The physical inspection requirement would not apply to employees hired on or after April 1, 2021, who are working in a remote setting due to COVID-19-related precautions, under Section 274A of the INA, until they undertake non-remote employment on a “regular, consistent, or predictable basis,” or where the extension of the flexibilities related to such requirements is terminated, whichever is earlier.

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Welcome back to Visalawyerblog! In this blog post, we bring you a new update from the U.S. Department of State regarding the status of immigrant visa processing at U.S. Embassies and Consulates overseas. Today, the Department of State released an update reminding immigrant visa applicants that consular interview appointments are being scheduled using a four-tiered system that generally triages immigrant visa applications based on a system of priority.

The update adds that where possible, Consular posts and Embassies will attempt to schedule some appointments within all four priority tiers every month. These attempts will be made to help reduce the massive backlog caused by the COVID-19 pandemic and operational constraints. The new update also carves out priority exceptions for certain healthcare workers seeking immigrant visas.

Applicants should keep in mind that public health and safety remain a paramount concern amid the COVID-19 pandemic. Consular posts and Embassies are continuing to do the best they can depending on local conditions to schedule interview appointments according to the priority schedule, taking into account restrictions on movement and gathering imposed by host country government.

It is also important to consider that posts overseas must abide by U.S. government guidance on safety in the workplace and are following social distancing protocols and safety measures which have reduced the number of applicants consular sections are able to see in a single day.  Consular sections will only resume routine visa services when it is safe to do so based on the particular geographic location.

The Department of State’s Four-Tiered Prioritization Schedule

The Department of State has said that while all immigrant visa categories are important, during the pandemic, it has been forced to make difficult decisions regarding how it will prioritize immigrant visa applications as they operate at limited capacity and work through the substantial backlogs of immigrant visa cases.

Having considered the difficult circumstances all applicants face, the Department of State has followed a guiding principle for immigrant visa prioritization, with family reunification being a top priority for the U.S. Government. The State Department’s prioritization schedule highlights Congressional objectives calling upon the agency to adopt policies that prioritize immediate relative visa applicants and K-1 fiancées of U.S. citizens, followed by family preference immigrant visa applicants.

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