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Weekly Immigration Update: May 1-7, 2020

May 7, 2020

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In immigration news this week:

  • Worldwide: Jurisdictions around the world continue to adapt their coronavirus-related travel restrictions and quarantine measures, and many have implemented extension policies and other concessions. Visit Fragomen’s coronavirus-related news page for the latest immigration updates.
  • United States: The Ninth Circuit Court of Appeals has upheld a nationwide preliminary injunction that prohibits the Trump Administration from enforcing a presidential proclamation requiring immigrant visa applicants to demonstrate that they would have unsubsidized health insurance within 30 days of entry to the United States or sufficient funds to cover reasonably foreseeable medical expenses. Due to the ongoing COVID-19 emergency, USCIS is further extending its 60-day deadline extension policy to July 1, 2020. USCIS data for the second quarter of FY 2020 show continued high rates of requests for evidence (RFEs) in key employer-sponsored nonimmigrant categories, though there was some improvement in H-1B, L-1 and TN outcomes. 

 

These items follow in this edition of the Fragomen Immigration Update.

 

Important Updates in Immigration This Week

United States, May 6, 2020
Latest USCIS Data Show RFE Rates Remained High for Key Employer-Sponsored Nonimmigrant Categories in Q2 of FY 2020

In the second quarter of FY 2020, the rate of requests for evidence remained high for H-1B and L-1 petitions though there was a modest improvement in H-1B and L-1 approval over Q2 of FY 2019.

To view entire article, click here.

 

United States, May 4, 2020
Ninth Circuit Upholds Injunction Against Health Insurance Requirement for Immigrant Visa Applicants

  • The Ninth Circuit Court of Appeals has upheld a nationwide preliminary injunction that prohibits the Trump Administration from enforcing a presidential proclamation requiring immigrant visa applicants to demonstrate that they would have unsubsidized health insurance within 30 days of entry to the United States or sufficient funds to cover reasonably foreseeable medical expenses.
  • The injunction will remain in place while a federal district court lawsuit against the proclamation continues. 
  • The Trump Administration is expected to appeal the Ninth Circuit ruling.


To view entire article, click here.

 

United States, May 1, 2020
USCIS Extends Existing COVID-19 Accommodations on RFEs, NOIDs, Appeals and Other Responses

  • Due to the ongoing COVID-19 emergency, USCIS is extending its 60-day deadline extension policy to July 1, 2020.
  • Petitioners and applicants will have an additional 60 days to respond to requests for evidence, notices of intent to deny or revoke, and notices of intent to terminate EB-5 regional investment centers dated between March 1 and July 1, 2020.
  • Employers and foreign nationals will also have 60, rather than 30, days to file any appeal or motion to reopen a USCIS decision that was issued between March 1 and July 1. 

 

To view entire article, click here.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.

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