DEPARTMENT OF STATE RAISES NONIMMIGRANT VISA CONSULAR FEES

 Beginning May 30, 2023, consular fees required for certain nonimmigrant visas will be raised according to an updated Schedule of Fees published in the Federal Register.

The fee changes to be put in effect are:

• The application processing fee for non-petition based nonimmigrant visas (such as B-1/B-2 and F-1 visas) will be raised from $160 to $185.
• The application processing fee for H, L, O, P, Q, and R nonimmigrant visas will be raised from $190 to $205.
• The fee for E category nonimmigrant visas will be raised from $205 to $315.
• The processing fee for Border Crossing Cards for Mexican citizens age 15 and over will be raised from $160 to $185.

DOS ISSUES TEMPORARY RULE WAIVING IN-PERSON APPEARANCES FOR CERTAIN REPEAT IMMIGRANT VISA APPLICANTS.

On December 13, 2021, the Department of State (DOS) issued a temporary final rule that provides flexibility for consular officers to waive in-person appearances and in-person oath requirements for certain repeat immigrant visa applicants.

Immigrant visa applicants who meet the following criteria, may not need to make another in-person appearance before a consular officer for an interview, execution of their application, or oath:

(1) the immigrant visa was issued on or after August 4, 2019;

(2) the applicant did not travel to the United States on the immigrant visa; and

(3) the applicant seeks and remains qualified for an immigrant visa in the same classification as the expired immigrant visa.

Consular officers still have discretion to require applicants that meet these requirements to appear in-person. This temporary rule is in effect from December 13, 2021 through December 13, 2023.

 

EMBASSY AND CONSULATE GUIDANCE TO PRIORITIZE CERTAIN CONSULAR SERVICES HAS BEEN RESCINDED

The Department of State (DOS) previously issued guidance stating that embassies and consulates were required to prioritize certain consular services, due to the COVID-19 epidemic. The DOS now issued a notice that the November 2020 visa prioritization guidance has been rescinded, effective immediately.

All embassies and consulates now have broad discretion to determine how to best prioritize visa appointments, among the range of visa classifications, at each specific embassy or consulate. Embassies and consulates are still subject to any local conditions or restrictions that are in place. In addition, applicants can still request expedited interviews, if their work will be performed at a facility engaged in pandemic response.

BIDEN – AT SIX MONTHS

Join us for a review of some of the immigration changes in the first six months of the Biden Presidency. 

MU Law will be hosting a free webinar for our clients and friends on Tuesday, August 17, 2021 at 2PM Eastern (1PM Central).

Join us for this FREE webinar to learn more about:

-          Visa Bulletin predictions

-          Consular backlogs

-          Deference to prior approvals by USCIS

-          RFEs and NOIDs

-          Expediting cases

-          Biometrics and EAD policies for dependents

-          Additional updates and policy proposals

 

PLEASE JOIN US!

REMINDER-BIDEN – AT SIX MONTHS

Join us for a review of some of the immigration changes in the first six months of the Biden Presidency.  Interested clients and friends can register for our webinar by clicking on the link below.

REGISTER HERE

MU Law will be hosting a free webinar for our clients and friends on Tuesday, August 17, 2021 at 2PM Eastern (1PM Central).

Join us for this FREE webinar to learn more about:

-          Visa Bulletin predictions

-          Consular backlogs

-          Deference to prior approvals by USCIS

-          RFEs and NOIDs

-          Expediting cases

-          Biometrics and EAD policies for dependents

-          Additional updates and policy proposals

 PLEASE JOIN US!

BIDEN – AT SIX MONTHS

Join us for a review of some of the immigration changes in the first six months of the Biden Presidency.  Interested clients and friends can register for our webinar by clicking on the link below.

 REGISTER HERE 

MU Law will be hosting a free webinar for our clients and friends on Tuesday, August 17, 2021 at 2PM Eastern (1PM Central).

Join us for this FREE webinar to learn more about:

-   Visa Bulletin predictions

-    Consular backlogs

-    Deference to prior approvals by USCIS

-    RFEs and NOIDs

-    Expediting cases

-    Biometrics and EAD policies for dependents

-    Additional updates and policy proposals 

PLEASE JOIN US!

US EMBASSIES TO USE TIERED APPROACH TO WORK ON BACKLOG

U.S. embassies and consulates have begun using a tiered approach to manage their substantial backlog of immigrant visas.  Many embassies and consulates continue to have a significant backlog of all categories of immigrant visas.

Tier One: Immediate relative intercountry adoption visas, age-out cases (cases where the applicant will soon no longer qualify due to their age), and certain Special Immigrant Visas (SQ and SI for Afghan and Iraqi nationals working with the U.S. government)

 

Tier Two: Immediate relative visas; fiancé(e) visas; and returning resident visas

 

Tier Three: Family preference immigrant visas and SE Special Immigrant Visas for certain employees of the U.S. government abroad

 

Tier Four: All other immigrant visas, including employment preference and diversity visas 

While the Posts will generally use these tiers in order, where possible, Posts are scheduling some appointments within all four priority tiers every month.  Still the State Department recognizes that visa applicants, “particularly those in Tiers Three and Four, will face continued delays.”

PRESIDENT BIDEN RESCINDS PRESIDENTIAL PROCLAMATION PROHIBITING ENTRY OF IMMIGRANTS DUE TO COVID-19 PANDEMIC

On February 24, 2021, President Biden rescinded Presidential Proclamation 10014. PP 10014 prohibited the issuance of most immigrant visas (green cards) at US Embassies and Consulates due to possible economic harm to the US during the COVID-19 Pandemic. 

All consular processed green card cases put on hold due to PP 10014 will now resume processing. However, many US embassies are still operating on reduced staff, due to the COVID-19 pandemic. Therefore, we anticipate that there will continue to be delays in obtaining green card interviews at Embassies and Consulates.

Although PP 10014 has been rescinded, Presidential Proclamation 10052 (PP 10052) suspending the entry of nonimmigrant workers due to the COVID-19 Pandemic remains in place. Specifically, PP 10052 applies to applicants applying for H-1B, H-2B, L-1, J-1, H-4, L-2, and J-2 visas for entry to the US.

In addition, the Department of State (DOS) updated its guidance related to National Interest Exemptions for individuals subject to PP 10052. The eligibility requirements have not changed, but the DOS has provided further details of which nonimmigrant visa applicants can qualify for National Interest Exemptions. PP 10052 is currently set to expire on March 31, 2021.

TRUMP ISSUES WIDE RANGING EXECUTIVE ORDER BANNING NEW LEGAL EMPLOYMENT BASED IMMIGRANTS UNTIL 2021

Last night, President Trump updated and expanded his April Presidential Proclamation that had banned legal immigrant visas for 60 days.  Last night’s ban extends the April legal immigration ban through December 31, 2020 and adds many temporary employment-based nonimmigrant visas, including H-1Bs, L-1s, J-1s, and H-2Bs. 

It seems certain that the President will be sued and so any information contained here is subject to the outcome of the lawsuits.

The ban effects many types of employment-based immigration, such as:

Green Cards (Immigrant visas) Consular Processing. 

All Consular Processing green cards continue to be banned, as they have been since April.  There are a few exceptions:

• Permanent Residents of the US;
• Healthcare workers and their immediate family members (including those family members traveling with the healthcare worker and those family members coming to the US at a later date);
• Other individuals coming to the US to perform work essential to combating, recovering from, or alleviating the effects of Covid-19 and their immediate family members (including those family members traveling with the healthcare worker and those family members coming to the US at a later date).
• Spouses and children of US Citizens;
• EB-5 investors;
• Individuals who are entering to assist law enforcement or who are members of the US Armed Forces;
• Special Immigrants in the SI or SQ Class and their family members; and
• Any person whose entry is in the national interest of the US as determine by the Secretary of State or Secretary of Homeland Security.

Green Cards (Immigrant visas) Adjustment of Status

No effect whatsoever.  Many Adjustment of Status interviews, of course, have been delayed because of COVID-19, although we have seen that the USCIS is approving some employment based green cards without an actual visa interview.

H-1B, L-1, J-1, and H-2B visas

• Beneficiaries approved for H-1B and L-1s will not be allowed to enter the US unless they currently have a valid visa stamp, even if they have an approved I-797.
• H-1B and L-1 visa stamps cannot be granted at embassies or consulates unless the H-1B or L-1 is for one of the exemption categories below. 
• If you have an H-1B or L-1 approval and you are in the US, you should not travel outside the US unless you already have a valid H-1B visa stamp in your passport and you intend to return to the US prior to the expiration of that visa stamp.
• H-1B and L-1 amendments, extensions, and transfers continue to be permissible.
• H-1B cap petitions that are based on a change of status (e.g. F-1 to H-1B) should be approved with a new I-94 card for the H-1B status.  The ban does not prohibit or effect the change of status, however, individuals changing status to H-1B should not leave the US after October 1 as they will not be able to return without a valid H-1B visa stamp.  
• Similar prohibitions apply to J-1 and H-2B visas, although the J-1 visa ban is limited to interns, trainees, teachers, camp counselors, au pairs, and summer work programs.  Other J-1s may obtain visas and enter the US.
• The ban also applies to the H-4, L-2, J-2 dependent classifications.  Spouses and children in the US as dependents should not travel abroad unless each family member has a valid visa stamp in their passport.  Dependents who are currently abroad will not be allowed to enter the US unless they currently have a valid visa stamp.

 Exemptions to the H-1B, L-1, J-1, and H-2B nonimmigrant visa ban

The visa ban does not apply to:

• any lawful permanent resident of the United States;
• any alien who is the spouse or child of a United States citizen;
• any alien seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain; and
• any alien whose entry would be in the national interest as determined by the Secretary of State or the Secretary of Homeland Security.

National Interest Entry Requests

The Proclamation allows for exemptions to the nonimmigrant visa ban if the Beneficiary is one of several categories deemed by DOS or DHS to be “in the national interest”.  It is expected that the DOS and DHS will issue details about these exemptions and the process to request an exemption.  The Proclamation’s named categories include those who:

•  are critical to the defense, law enforcement, diplomacy, or national security of the United States;
• are involved with the provision of medical care to individuals who have contracted COVID-19 and are currently hospitalized;
• are involved with the provision of medical research at United States facilities to help the United States combat COVID-19;
• are necessary to facilitate the immediate and continued economic recovery of the United States; or
• are children who would age out of eligibility for a visa as a result of the visa ban.

UPDATED: IMMIGRATION CLOSURES AND UPDATES AS A RESULT OF COVID-19

Due to the COVID-19 pandemic, there are a variety of closures and suspensions of immigration services.  Below is a summary of all closures and suspensions at this time.  This list is subject to change as new updates become available. 

US Citizenship and Immigration Service:

Immigration Filings: USCIS will continue to perform duties that do not involve contact with the public.  Petitions will continue to be accepted for filing and adjudicated by the USCIS.  Effective March 20, 2020 the USCIS has announced the immediate and temporary suspension of premium processing on all I-129s (L-1s, H-1Bs, TNs) and I-140s.

For all cases where an RFE (Request for Evidence) or NOID (Notice of Intent to Deny) was issued between March 1, 2020 and May 1, 2020, the USCIS will allow an automatic 60 day extension to the due date. 

Interviews and In-Person Appointments: The USCIS has suspended all in-person services until at least May 3, 2020.  This cancellation includes interviews for green card cases and biometrics appointments. USCIS will send notices to all applicants and petitioners with scheduled appointments impacted by this closure and all appointments will be automatically rescheduled when services resume.  The USCIS has also announced that it will re-use biometric information already on file in order to process applications for Employment Authorization Documents (EADs). 

Electronic Signatures: Due to the National Emergency, USCIS will accept scanned, faxed, or photocopied, original signatures.  For forms that require an original “wet” signature, including the I-129, I-140, and I-485, USCIS will accept electronically reproduced original signatures for the duration of the National Emergency. 

Department of State:

US Embassies: Effective March 20, 2020 the Department of States has also suspended interviews in an effort to slow the spread of Covid-19.  As resources allow, embassies and consulates will continue to provide emergency services. Appointments and interviews will resume as soon as possible.  If you are a medical professional, please see our previous blog post about interviews for medical professionals. 

Travel Restrictions: 

Out of the US: On March 19, 2020, the Department of State has issued a Level 4 warning, advising all US Citizens to avoid all international travel.  US Citizens who do not live in the United States should arrange for immediate return to the US or prepare to remain abroad for an indefinite period of time.  Many countries are experiencing COVID-19 outbreaks and are implementing travel restrictions, quarantines, and closed borders.

Into the US: Travel bans have been issued restricting travel to the US for individuals who have traveled to: Austria, Belgium, Mainland China, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Iran, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland, United Kingdom, within in the last 14 days.

The following individuals are exempt from the travel ban:

• US Citizens and Lawful Permanent Residents;
• Spouses of US Citizens and Lawful Permanent Residents;
• Parents or legal guardians of US Citizens of Lawful Permanent Residents, provided that the child is unmarried and under the age of 21;
• Siblings of US Citizens or Lawful Permanent Residents, provided both are unmarried and under the age of 21;
• Children who are under the legal custody of US Citizens or Lawful Permanent Residents; and
• Other certain foreign government and health officials. 

 On April 11, 2020 officials will reassess COVID-19 travel bans.

Stay Safe and Healthy and Please Remember to Wash Your Hands Regularly.

IMMIGRATION CLOSURES AND UPDATES AS A RESULT OF COVID-19

Due to the COVID-19 pandemic, there are a variety of closures and suspensions of immigration services.  Below is a summary of all closures and suspensions at this time.  This list is subject to change as new updates become available. 

US Citizenship and Immigration Service: As of March 18, 2020 the USCIS has suspended all in-person services until at least April 1, 2020.  This cancellation includes interviews for green card cases and biometrics appointments. USCIS will send notices to all applicants and petitioners with scheduled appointments impacted by this closure and all appointments will be automatically rescheduled when services resume.

USCIS will continue to perform duties that do not involve contact with the public.  Petitions will continue to be accepted for filing and adjudicated by the USCIS.

Emergency appointments and services will be provided by the USCIS in limited situations. 

Department of State: Most US Embassies have also suspended interviews in an effort to slow the spread of Covid-19.  You can find country specific information from the US Department of State about Covid-19 here.

Travel Restrictions:  Travel bans have been issued restricting travel to the US for individuals who have traveled to: Austria, Belgium, Mainland China, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Iran, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland, United Kingdom, within in the last 14 days.

The following individuals are exempt from the travel ban:

• US Citizens and Lawful Permanent Residents;
• Spouses of US Citizens and Lawful Permanent Residents;
• Parents or legal guardians of US Citizens of Lawful Permanent Residents, provided that the child is unmarried and under the age of 21;
• Siblings of US Citizens or Lawful Permanent Residents, provided both are unmarried and under the age of 21;
• Children who are under the legal custody of US Citizens or Lawful Permanent Residents; and
• Other certain foreign government and health officials. 

On April 11, 2020 officials will reassess COVID-19 travel bans.

Stay Safe and Healthy and Please Remember to Wash Your Hands Regularly.