USCIS suspends Premium Processing until further notice

USCIS has called for the immediate and temporary suspension of premium processing service for all Form I-129 and I-140 petitions, effective March 20, 2020. Due to the COVID-19 pandemic, no new requests for premium processing will be accepted for Form I-129 or Form I-140. This guidance will apply to all petitions requesting premium processing service that were mailed before March 20 but had not yet been accepted.

Petitions filed for the following categories will be affected:

• Form I-129, Petition for a Nonimmigrant Worker: E-1, E-2, H-1B, H-2B, H-3, L-1A, L-1B, LZ, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, R-1, TN-1 and TN-2.

• Form I-140, Immigrant Petition for Alien Workers: EB-1, EB-2 and EB-3.

The announcement from USCIS notes, “This includes new premium processing requests for all H-1B petitions, including H-1B cap-subject petitions for fiscal year 2021, petitions from previous fiscal years, and all H-1B petitions that are exempt from the cap.”

USCIS will process any petition with a previously accepted Form I-907, Request for Premium Processing Service, in accordance with the premium processing service criteria.

However, petitioners who have already filed a Form I-129 or Form I-140 using the premium processing service and who receive no agency action on their case within the 15-calendar-day period will receive a refund for the $1,410 premium processing fee.

For additional information, please visit the USCIS.gov website. If you have, or were planning to file, a I-129 or I-140 petition that will be impacted by this announcement, please reach out to Serotte Reich for advice or assistance: 716-854-7525 or www.srwborderlawyers.com/contact.

Higgins announces details on ‘essential’ and ‘non-essential’ travel guidelines

The U.S.-Canadian border is subject to new restrictions starting at 11:59pm EDT on Monday, March 20, 2020, limiting crossing at Land Ports of Entry to essential travel only. In an effort to limit the continuing spread of COVID-19, the U.S. Department of Homeland Security (DHS) will temporarily impose these restrictions until 11:59 p.m. EDT on April 20, 2020. After the 30-day period, the restrictions will be reviewed by both parties.

Congressman Brian Higgins has now made the specifics of the directive available, with details provided by the U.S. Customs and Border Protection (CBP) further defining “essential travel.” According to a press release from Congressman Higgins’ offices, “essential travel” includes, but is not limited to:

• U.S. citizens and lawful permanent residents returning to the United States;

• Individuals traveling for medical purposes (e.g., to receive medical treatment in the United States);

• Individuals traveling to attend educational institutions;

• Individuals traveling to work in the United States (e.g., individuals working in the farming or agriculture industry who must travel between the United States and Canada in furtherance of such work);

• Individuals traveling for emergency response and public health purposes (e.g., government officials or emergency responders entering the United States to support Federal, state, local, tribal, or territorial government efforts to respond to COVID-19 or other emergencies);

• Individuals engaged in lawful cross-border trade (e.g., truck drivers supporting the movement of cargo between the United States and Canada);

• Individuals engaged in official government travel or diplomatic travel;

• Members of the U.S. Armed Forces, and the spouses and children of members of the U.S. Armed Forces, returning to the United States; and

• Individuals engaged in military-related travel or operations. 

Traveling for tourism purposes (e.g., sightseeing, recreation, gambling, or attending cultural events) is considered to be non-essential.

According to the press release, the above-listed guidelines apply to passenger rail and ferry travel between the U.S. and Canada, but do not apply to air, freight rail, or sea travel.

If you need assistance or advisement regarding an immigration matter that will be impacted by the new restrictions listed above, please contact us at 716-854-7525 or www.srwborderlawyers.com/contact to schedule a consultation.

Copy of USCIS changes filing instructions for Form I-407

USCIS recently issued a new procedure for filing Form I-407, Record of Abandonment of Lawful Permanent Resident Status. As of July 1, 2019, Form I-407 can only be submitted by mail at the USCIS Eastern Forms Center. 

Prior to this change in policy, if an individual decided to voluntarily abandon their status as a lawful permanent resident (LPR), the form could be submitted at an international field office in person or by mail. USCIS noted that processing time at the Eastern Forms Center is anticipated to be 60 days following receipt. In the event that someone needs immediate proof that they have abandoned LPR status, USCIS stressed that “in very rare circumstances” the form will be accepted in person at an international field office, U.S. embassy or U.S. consulate. In other words, be sure to plan ahead if you require proof that you have abandoned your status as an LPR.

As of July 1, 2019, Form I-407 must be sent to USCIS at the following address: USCIS Eastern Forms Center, Attn: I-407 unit, 124 Leroy Road, PO Box 567, Williston, VT 05495. Documents issued by USCIS—including green cards and reentry permits—should be submitted along with the form.  Form I-407 may also still be submitted in person to U.S. Customs and Border Protection (CBP) at a U.S. port of entry. 

More information about filing Form I-407 can be found on the USCIS website.

Updated DS-160 requires visa applicants’ social media information

Do you have a social media presence? If you’re applying for a U.S. nonimmigrant visa, the Department of State wants to know—and they want details.

Completing the DS-160 (Online Nonimmigrant Visa Application) is the first step for applying for a nonimmigrant visa through a U.S. consulate or embassy. Applicants are required to fill out the online form on the Department of State’s Consular Electronic Application Center website. If the DS-160 is not satisfactorily completed and submitted, it is not possible to move forward with any requisite next steps, such as making an appointment for an interview.

On May 31, 2019, a new subsection entitled “Social Media” appeared on the Department of State’s DS-160 online form. The question is, “Do you have a social media presence?” Instructions are provided:

“Select from the list below each social media platform you have used within the last five years. In the space next to the platform’s name, enter the username or handle you have used on that platform. Please do not provide your passwords. If you have used more than one platform or more than one username or handle on a single platform, click the ‘Add Another’ button to list each one separately. If you have not used any of the listed social media platforms in the last five years, select ‘None.’”

The drop-down menu that follows includes 20 social media platforms, ranging from ubiquitous to relatively obscure: ASK.FM, Douban, Facebook, Flickr, Google+, Instagram, LinkedIn, MySpace, Pinterest, Qzone (QQ), Reddit, Sina Weibo, Tencent Weibo, Tumblr, Twitter, Twoo, Vine, Vkontakte (VK), Youku, and YouTube.

A response is required and the user’s ability to complete and submit the form is disabled until one is provided; there is no way to opt out completely. Should an applicant falsely select “None,” the immigration consequences could be serious, depending on how the Consulate/Embassy classifies the omission.

Some of the social media platforms may sound unfamiliar but are popular with international audiences.  Five of the platforms are widely used in China, including Douban, Qzone (QQ), Sina Weibo, Tencent Weibo and Youku. Vkontakte (VK) is an online social media and social networking service based in Russia.

A recent announcement was posted on the Department of State’s Consular Electronic Application Center website letting users know that the DS-160 page would be undergoing maintenance on Thursday, May 30, expected to be completed between 4 and 11pm. Apologies were offered to any visa applicants experiencing technical difficulties with their DS-160 during that time. The question regarding social media was not included on the online form prior to May 30.

Serotte Reich is continuing to monitor any new developments or changes to the nonimmigrant visa process. If you need assistance with your application, please contact our office.

Above is a screenshot of the DS-160 online form’s new question about social media accounts.