USCIS Eases Visitor Restrictions for Fully Vaccinated Individuals

On May 27, 2021, U.S. Citizenship and Immigration Services (USCIS) announced an updated visitor policy to reflect new guidance from the CDC. The new USCIS guidance advises that because COVID-19 vaccines are effective at preventing the virus and reducing the risk of people spreading the virus, fully vaccinated individuals can now enter USCIS offices without a face covering. To be considered fully vaccinated, it must have been at least two weeks since receiving a second dose in a two-dose series or at least two weeks since receiving a dose of a single-dose vaccine. Individuals two years old and older who are not fully vaccinated must still wear a face covering that covers both the mouth and nose while in a USCIS office. In DHS-controlled spaces, the new USCIS guidance supersedes state, local, tribal, or territorial rules and regulations regarding face coverings.

USCIS has also eased other requirements for fully vaccinated individuals who do not have COVID-19 symptoms. Those who have returned from domestic air, international air or cruise ship travel in the past 10 days may enter USCIS facilities if they are fully vaccinated. Individuals who have been in close contact (within six feet for a total of 15 minutes or more) with anyone known to have COVID-19 in the previous 14 days may also enter USCIS facilities as long as they are fully vaccinated.

USCIS continues to reserve the right to deny entry to anyone who does not wear an acceptable face covering. The USCIS visitor policy reminds visitors to follow USCIS signs or instructions to maintain social distancing during screening and while in USCIS spaces. To limit the number of people in the waiting room, applicants with scheduled appointments may only be accompanied by: an attorney; an interpreter (if permitted); a parent, legal guardian, or trusted adult, if the applicant being interviewed is a minor; immediate family members listed as dependents on the application or interview notice; and an individual assisting a disabled person. Guests are also still not allowed at naturalization ceremonies.

Please visit uscis.gov/coronavirus for updates. For the latest information on the status of a USCIS office, you can visit https://www.uscis.gov/about-us/uscis-office-closings.

Serotte Reich will continue to provide updates, as new developments affecting immigration continue to occur frequently during the COVID-19 pandemic. If you need assistance or advisement regarding an immigration matter, please contact us at (716) 854-7525 or www.srwborderlawyers.com/contact to schedule a consultation.

DHS Withdraws Proposed Biometrics Rule

On May 7, 2021, the Department of Homeland Security (DHS) announced its decision to withdraw a proposed rule concerning the use and collection of biometrics by U.S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection (CBP), and U.S. Immigration and Customs Enforcement (ICE). The rule, originally proposed on September 11, 2020, would have expanded department authorities and requirements for collecting biometrics by removing age restrictions; by requiring submission of biometrics for every applicant, petitioner, sponsor, beneficiary, or other individual filing for or associated with any immigration or naturalization benefit or request unless DHS waived or exempted the biometrics requirement; by codifying the authority to use or require DNA test results; and by authorizing the use of additional types of biometric modalities.

The withdrawal of the proposed rule is consistent with President Biden’s Executive Order 14012, Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans, which prioritizes reducing barriers and undue burdens in the immigration system. DHS maintains that it will continue to require submission of biometrics where appropriate and remains committed to national security, identity management, fraud prevention and program integrity.

Serotte Reich will continue to provide updates, as the status of the immigration systems continues to shift frequently. If you need assistance or advisement regarding an immigration matter, please contact us at 716-854-7525 or www.srwborderlawyers.com/contact to schedule a consultation.

USCIS Issues Policy Guidance on Deference to Previous Decisions

On Tuesday April 27, 2021, U.S. Citizenship and Immigration Services (USCIS) announced new policy guidance for the USCIS Policy Manual regarding deference to previous decisions. In 2004, USCIS issued guidance directing officers to generally defer to prior determinations of eligibility when adjudicating petition extensions. However, in 2017 USCIS rescinded the 2004 guidance, meaning that the approval of previous petitions was not considered when reviewing an extension.

The new guidance from USCIS reverts to the guidance issued in 2004, instructing officers to give deference to prior determinations when adjudicating extension requests involving the same parties and facts as the initial petition or application. This holds true unless there was was a material error, material change in circumstances or in eligibility, or new material information that adversely impacts the petitioner’s, applicant’s, or beneficiary’s eligibility. The new guidance also affirms that USCIS officers should consider previous eligibility determinations on petitions or applications made by other U.S. government agencies, but that USCIS does not necessarily need to defer to the previous decision in those cases. The new guidance is effective immediately.

According to the new guidance, “Officers are not bound to approve subsequent petitions or applications…strictly because of a prior approval…USCIS decides each matter according to the evidence of record on a case-by-case basis. However…any deviation requires close consideration of the previous approval by USCIS. When adjudicating a subsequent petition or application involving the same parties (for example, petitioner and beneficiary) and the same underlying facts, officers should defer to a prior determination that the beneficiary or applicant is eligible for the nonimmigrant classification sought, where appropriate.”

This update comes after President Biden’s executive order, Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans, which directs the secretary of homeland security to identify barriers impeding access to immigration benefits and fair, efficient adjudications. Reverting to the prior deference policy undoubtedly helps achieve the goal of a more just and efficient immigration system.

Serotte Reich will continue to provide updates, as the status of the immigration systems continues to shift frequently. If you need assistance or advisement regarding an immigration petition renewal or extension, please contact us at 716-854-7525 or www.srwborderlawyers.com/contact to schedule a consultation.

USCIS Announces Return of Premium Processing

After more than two months, USCIS will begin resuming premium processing for certain petitions. According to an announcement made on May 29, 2020, it will be done in phases during the month of June. USCIS will resume accepting Form I-907, Request for Premium Processing Service, on the following dates as included in the agency’s newly-issued guidance:

Starting June 1: USCIS will first begin accepting requests for premium processing for all eligible Form I-140 petitions.

Starting June 8:

• H-1B petitions filed before June 8 that are pending adjudication and are cap-exempt.

• All other Form I-129 petitions for nonimmigrant classifications eligible for premium processing filed before June 8 that are pending adjudication.

Starting June 15:

• H-1B petitions requesting premium processing by filing an I-907 concurrently with their I-129 (or request for a petition filed on or after June 8) and are exempt from the cap because: 

• The employer is cap-exempt or because the beneficiary will be employed at a qualifying cap-exempt institution, entity or organization (such as an institution of higher education, a nonprofit research organization or a governmental research organization); or 

• The beneficiary is cap-exempt based on a Conrad/IGA waiver under INA section 214(l).

Starting June 22: All other Form I-129 petitions, which include:

• All H-1B cap-subject petitions (including those for fiscal year 2021), including change of status from F-1 nonimmigrant status, for both premium processing upgrades and concurrently filed I-907s. 

• All other Form I-129 petitions for nonimmigrant classifications eligible for premium processing.

For I-129 and I-140 petitions filed using premium processing prior to the March 20, 2020 suspension due to COVID-19 that did not receive action (and were refunded), petitioners may refile according to the timeline issued above. USCIS does note that the dates are subject to change and that any amendments to the timeline will be announced.

For those who require assistance with a petition that needs to be filed – or refiled – using premium processing, please contact Serotte Reich.