BLOG & NEWS

USCIS flexibility on Employment Authorization for OPT due to Covid-19

3/3/2021

USCIS announced it will extends flexibilities to certain foreign students affected by delayed receipt notices for Form I-765, for application for Employment Authorization received on or after Oct. 1, 2020, through May 1, 2021.
This announcement of Feb 26, 2021 came as a result of delays at certain lockboxes in issuing receipt notices for Form I-765 for optional practical training (OPT) for F-1 students mostly caused by Covid-19 restrictions.

USCIS will provide two remedies:

14-month OPT Period Flexibilities
The delays in the lockbox caused some applicants to have a shortened period of OPT, as OPT must be completed within the 14 months period from the end of their program. To address this issue, USCIS will allow the 14-month period to commence from the date of approval of the Form I-765 for applications for post-completion OPT.

Refiling Following Rejection
Applicants who timely filed Form I-765 for OPT and whose applications were rejected as untimely due to the lockbox delay will be able to refile Form I-765 for OPT and STEM OPT as filed on the original filing date if:

The original, timely filed application was received on or after Oct. 1, 2020, through May 1, 2021, inclusive; and
USCIS subsequently rejected it.

Refiled applications must be received by May 31, 2021, and they do not need a new Form I-20 with an updated OPT recommendation from the DSO, as long as they originally submitted an application for post-completion OPT within 30 days of the DSO’s recommendation or an application for STEM OPT within 60 days of the DSO’s recommendation as required by the regulations.
Applicants refiling an application should include a copy of the rejection notice to facilitate review of the case.

For more information click

USCIS Announced It Will Go Back to the 2008 Version of the Naturalization Civic Test.

2/22/2021

Up to now, every application filed on or after December 1st, 2020 would require the applicant to take the 2020 version of the Naturalization Civic test. This test included more study material as well as more questions. However, on February 22, 2021 USCIS announced that it will revert back to the 2008 version.

According to USCIS "Applicants who filed their application for naturalization on or after Dec. 1, 2020, and before March 1, 2021, likely have been studying for the 2020 test; therefore, USCIS will give these applicants the option to take either the 2020 civics test or the 2008 civics test. There will be a transition period where both tests are being offered. The 2020 test will be phased out on April 19, 2021, for initial test takers. Applicants filing on or after March 1, 2021, will take the 2008 civics test."
The test items and study guides can be found on the Citizenship Resource Center on the USCIS website. USCIS has also updated the Policy Manual (PDF, 444.11 KB) accordingly; see Volume 12, Part E, English and Civics Testing and Exceptions, Chapter 2, English and Civics Testing.

7 Tips on How to Get Ready for an Immigration Reform.

1/29/2021

President Biden took office on January 20, 2021 with an affirmed intent to have an immigration reform. We do not know how and when it would pass, nor the list of documents immigration will request. Nonetheless, our experience as immigration attorneys led us to prepare a few tips to have you ready:

Gather your original civil documents; Make sure to have the original birth, marriage, divorce and death certificates.
Renew your passport; Have a valid passport with you as it may be your only form of ID.
Have a copy of your I-94; The I-94 is the prove that you were inspected or paroled when you entered the US. Visit https://i94.cbp.dhs.gov/I94/#/home to retrieve your copy.
Gather your tax return documentation; Request tax transcripts from IRS on https://www.irs.gov/individuals/get-transcript
Collect documents evidencing you were present in the country prior to January 1, 2021. Example: school transcripts, paystub, hospital records.
Have all your criminal records including police arrest and case disposition, even if sponged.
Start saving money; There may be a small window to act if and when the reform passes, thus it is important to be prepared for it financially.

100 Days of Changes: PRESERVATION OF DACA

1/27/2021

With the new administration taking office on January 20, 2021 there is much for the immigrant community (and for Andrea and I) to be excited and hopeful about! As part of President Biden's plans for his first 100 days in office, the administration has already proposed significant new legislation and changes reversing policies and dramatically changing the course that U.S. immigration policy has taken in the last four years.

Through our blog, we will be tracking and sharing the Biden administration’s changes and updates to keep you informed, and help you get ready to apply for any relief or benefit that may become available to you.

As usual, we welcome your calls and emails to clarify whether and how any of the reported changes will apply to your individual situation.

So, first things first! On January 20, among other immigration related actions, President Biden issued a memorandum directing the DHS Secretary, in consultation with the Attorney General, to take all actions he deems appropriate, consistent with applicable law, to preserve and fortify DACA effective immediately.

What this means to you?

At this moment:

USCIS is accepting first-time requests for DACA as well as DACA renewal requests;
Grants of deferred action and employment authorization under DACA are to be issued in two-year increments; and
USCIS is accepting applications for advance parole.

We are excited for this new era for Immigration Law, and look forward to bringing you many good news in the days to come!

USCIS New Fee Schedule to be Effective as of October 2020.

8/4/2020

On August 3, 2020, USCIS issued a final rule changing its current fees, last updated in December 2016. There has been both increase and decrease of current fees. The average increase is 21% but some fees may have up to an 83% increase, such as naturalization application which is going from $640 to $1,170. The Department of Homeland Security claim this change is necessary to recover its cost of services.

USCIS is also adding new fees, separating fees by categories (such as Form I-129 nonimmigrant worker), differentiating costs from online and paper filing, and removing some fees exemptions. The new fees will be effective on 10/02/2020. Thus any case postmarked on or after this date will need to include the fees established by the final rule. (85 FE 46788, 8/3/20)

Below are examples of some of the changes. For a complete list of the fee changes please click final rule (PDF)

Immigration Benefit Request Current Fee   Final Fee Change ($) Percent Change
I-90 Application to Replace $455 $405 -$50 -11%
Permanent Resident Card (online filing)
I-90 Application to Replace $455 $415 -$40 -9%
Permanent Resident Card (paper filing)
I-129 H-1 $460 $555 $95 21%
I-129 L $460 $805 $345 75%
I-129 O $460 $705 $245 53%
I-130 Petition for Alien Relative (online filing) $535 $550 $15 3%
I-130 Petition for Alien Relative(paper filing) $535 $560 $25 5%
I-131 Travel document $575 $590 $15 3%
I-140 Immigrant Petition for Alien Worker $700 $555 -$145 -21%
I-485 Adjustment of Status $1140 $1130 -$10 -1%
N-400 Application for Naturalization $640 $1170 $530 83%

Presidential Proclamation Temporarily Suspending Immigration.

4/23/2020

Here’s What We Know
On April 22, 2020, President Trump issued a proclamation suspending the entry of any individual seeking to enter the United States. The proclamation goes into effect at 11:59 pm (ET) on April 23, 2020, for at least 60 days. It can be extended and modified.

Who does it affect?
Any individual seeking to enter the U.S. as an immigrant who:

Is outside the United States on the effective date of the proclamation;
Does not have a valid immigrant visa as of April 23, 2020; and
Does not have a valid official travel document as of April 23, 2020, or issued on any date thereafter.

The following categories are not affected by the proclamation:

Lawful permanent residents (green card holders)
Spouses and children under the age of 21 of U.S. citizens, including prospective adoptees on an IR-4 or IH-4 visa
Individuals, and their spouses and children, seeking to enter the U.S. on an immigrant visa as a physician, nurse, or other healthcare professional; to perform medical research or other work essential to combatting COVID-19 (as determined by the Department of Homeland Security (DHS) and the Department of State (DOS))
Individuals applying for a visa to enter the U.S. pursuant to the EB-5 immigrant investor visa program
Individuals who would further important U.S. law enforcement objectives (as determined by DHS and DOS)
Members of the U.S. Armed Forces and their spouses and children
Afghan and Iraqi nationals who were translators/interpreters or employed by the U.S. government and their spouses or children seeking entry pursuant to a Special Immigrant Visa
Individuals whose entry would be in the national interest (as determined by DHS and DOS)

Nonimmigrant Visa Holders and Asylum Seekers Are NOT Prohibited from Coming to the U.S. by the Proclamation
Additional Considerations

Routine visa services at all U.S. embassies and consular posts around the world have been suspended as of March 20, 2020. U.S. embassies and consulates continue to provide urgent and emergency visa services as resources allow. DOS intends to continue to process visa applications for farm workers and medical professionals assisting with COVID-19.
U.S. Citizenship and Immigration Services (USCIS) has temporarily suspended in-person services through at least May 3, 2020, but continues to accept and process applications and petitions, including applications requesting an extension or change of status.
The U.S. borders with Canada and Mexico are closed for non-essential travel until at least May 20, 2020.
With some exceptions, the entry of individuals who were present in China, Iran, the Schengen Area, the U.K., and Ireland, during the 14-day period before their attempted entry into the United States has also been suspended.
The Proclamation requires a review of temporary visa programs within 30 days and recommendations to stimulate the U.S. economy and ensure “the prioritization, hiring and employment” of U.S. workers.

Unemployment benefits, public charge and immigration status

4/7/2020

Given the current situation we are living, with Covid-19, known as Corona Virus, a lot of our clients are questioning whether they can apply for unemployment and how it may affect their status and future immigration.

In general, unemployment is not considered a public charge for the new public charge rule [1]. However it may be seen as a negative factor if you apply for a visa in the future.

As a visa holder, Am I eligible for unemployment benefits?

Some visa holders are eligible for unemployment while others are not.
If you are the principal visa holder ofE-2, L-1, H-1B, O-1, among others, you may not be eligible for unemployment benefits. The main reason being that a person needs to be readily available to accept employment when requesting the benefit and these visas restrict employment to the sponsoring employer.
However, immigrants holding a valid employment authorization (EAD) have no restriction to work, thus are eligible for unemployment benefits. Example are spouses of E-2 or L-1 visa holder, F-1 students with OPT. However, if the EAD is expired the person is no longer eligible for unemployment.

Note that aside the immigration status, the person must meet all other unemployment application criteria, which usually differs from state to state.

Click here for information on how to apply for unemployment benefits in Florida.

[1] Public charge fact sheet https://www.uscis.gov/news/fact-sheets/public-charge-fact-sheet

2021 H-1B Quota Updates

4/1/2020

This is the first year the USCIS has implemented a registration period prior to applying to H-1B cap subject, in a way to modernize the application and reduce paper file. The registration period was during the month of March 2020.

USCIS received that approximately 275,000 registrations were submitted, 46% of which were for prospective beneficiaries with advanced degree. The country origin of the majority of the beneficiaries were India with 67% and China with 13% of the registrations.

On April 1st USCIS announced that notices of selected registrations have been mailed, and the H-1B application for the selected registrations may now be submitted.

For more information visit USCIS.gov

Public Charge Rule Effective As of October 15, 2019.

10/11/2019

On October 10, 2019 USCIS has updated some of the immigration forms to reflect the new public charge ruling of August 14th. These forms include adjustment of status application (green card application), petition for nonimmigrant worker (H-1B, L-1 visas), application to extend/ change nonimmigrant status, and others. The new forms must be used on applications filed on or after October 15, 2019 and they include specific questions about use of public benefits.

Specifically the forms asks whether Beneficiary has received:
Any Federal, State, local or tribal cash assistance or income maintenance
Supplemental Social Security (SSI)
Temporary Assistance for Needy Family (TANF)
General Assistance Supplemental Nutrition Assistance Programs (Food stamp) Section 8 Housing Assistance under the Housing Choice Voucher Program Section 8 Project-Based Rental Assistance
Public Housing under the Housing Act of 1937
Federally-Funded Medicaid

Furthermore, as of October 15th applicants of adjustment of status, Form I-485, will be required to fill out a separate and additional form, Form I-944 Declaration of Self-Sufficient, in addition to the required Affidavit of Support for some cases. In addition to inquiring about the public benefits listed above, this new form requires the Beneficiary to provide information on his/her current assets, liabilities as well as health insurance situation, and whether Beneficiary has or not health insurance.

There are exceptions to the Public Charge policy. For instance asylum seekers, T and U visa applicants, special juvenile and others are eligible to use public benefits without any immigration consequences.

It is very important that applicants and petitioners be well advised during the process of applying for any of the above mentioned applications in order to avoid denials and damaging consequences.

FRESH FROM THE PRESS: DHS Announces Final Rule for H-1B Visa Program

1/30/2019

The Department of Homeland Security posted today for public inspection, a final rule amending regulations governing H-1B cap-subject petitions. The final rule reverses the order by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B petitions under the H-1B regular cap and the advanced degree exemption, and it introduces an electronic registration requirement for petitioners seeking to file H-1B cap-subject petitions. The rule will go into effect on April 1, though the electronic registration requirement will be suspended for the fiscal year (FY) 2020 cap season.

About the Authors

Laura Schonberg and Andrea Timerman developed their passion for immigration law through their own experience immigrating to the United States. Laura received a Bachelor of Arts in Political Science and Juris Doctor Degree from Florida International University. Andrea received a Bachelors in Business Administration from Pace University, NY, and her Juris Doctor Degree from Florida International University. Both attorneys obtained ample experience in the immigration field before partnering to work as immigration attorneys at Schonberg & Timerman, P.L.

Schonberg & Timerman, P.L.

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