Weekly Immigration Update: June 4–10, 2021
June 10, 2021
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 COVID-19 website for the latest immigration updates.
- United States: U.S. Citizenship and Immigration Services (USCIS) has issued a set of policy revisions aimed at reducing burdens on those eligible for U.S. immigration benefits. The new policy guidance instructs USCIS officers to issue requests for evidence and notices of intent to deny, instead of outright denials, in certain instances, extends the validity of employment authorization documents for green card applicants, and provides additional detail on its expedite criteria for immigration benefit applications. The EB-5 Regional Center Program is set to expire on June 30, unless reauthorized by Congress. Fragomen is closely monitoring discussions in Congress and will continue to provide updates.
These items and other news from France, Oman, and the United States follow in this edition of the Fragomen Immigration Update.
Important updates in immigration this week
USCIS Revises Policies to Reduce Administrative Barriers
- USCIS has announced a set of policy revisions, effective immediately, that are designed to reduce administrative barriers to seeking immigration benefits.
- In a return to a 2013 policy, USCIS officers are instructed to first issue requests for evidence (RFEs) or notices of intent to deny (NOIDs) -- instead of outright denials – on cases that could establish eligibility with the addition of further evidence.
- Employment authorization documents (EADs) for most adjustment of status applicants may now be issued for two years of validity, an increase from one year under the prior policy.
- The agency provides additional detail on its expedite criteria for applications that may require urgent adjudication due to severe financial loss.
To view entire article, click here.
United States, June 7, 2021
What's Next for the EB-5 Regional Center Program?
- The EB-5 Regional Center Program is set to expire on June 30, 2021, unless Congress acts to reauthorize it.
- There are widespread advocacy efforts to support bills to reauthorize the program. Though their prospects for passage are unclear, it is not certain that the EB-5 Regional Center Program will expire.
- Fragomen is closely monitoring discussions in Congress and will continue to provide updates.
To view entire article, click here.
Other weekly news briefs
France: Online Talent Passport Applications Now Available – As an update, the "immi pro" application platform is now available for initial and renewal Talent passport residence permit applications, including EU Blue Cards, Young graduate, Employment on secondment and Legal representative (10 sub-categories in total) across all prefectures as well as for change of status application to Talent Passport. Upon filing, applicants receive a filing confirmation. For initial applications, Talent Passport applicants must still visit the prefecture to submit their fingerprints. For now, Intra-Company Transferee secondment applications (for initial and renewal filings) are not included in the online filing procedure. Fragomen will report on related developments when they are available.
Oman: Immigration Status Change Now Permissible for Holders of More Visa Categories – The following additional categories of foreign nationals can now amend their immigration status without exiting and re-entering Oman, as was previously required: Express visa; Consular visit visa for business; Visit visa for residents of GCC countries; Single-entry visit visa for tourism; Family visit visa; Student visa; Dependent visa; Investor visa; Visa for property owners and their dependents; Visa for artists and performers; and Cruise ship visit visa. If the sponsor of the current visa is different than the sponsor of the work visa, the current sponsor must provide a “no objection certificate”. The new sponsor must also ensure that the appropriate labour clearance from the Ministry of Manpower in Oman is available.
United States: Latest PERM and PWD Processing Times – As of May 31, 2021, the Department of Labor (DOL) was conducting analyst review for PERM applications filed in December 2020 or earlier, and processing audited cases filed in July 2020 or earlier. DOL is working on standard reconsideration requests submitted in February 2021 or earlier. DOL is issuing prevailing wage determinations (PWDs) for PERM requests filed in December 2020 and H-1B requests filed in January 2021. The agency has been processing PERM and H-1B redeterminations requested in April 2021. PERM and H-1B center director reviews requested in April 2021 remain pending. These reports are available on the FLAG page.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.
