YOUR MONTHLY IMMIGRATION GUIDE

YOUR TRUSTED GUIDE TO THE AMERICAN DREAM_®

January 2021

Dear Friends and Colleagues:

We are celebrating ten years as a law firm this month. Over the last decade, we have helped countless companies and individuals with their immigration matters. Many times, the immigration process was an arduous and difficult journey, but time and time again, our team exemplified one quality that led to successful outcomes - PERSERVERANCE! We will not waver. We will not give up. We will see you through this journey as your trusted guide to the American Dream. The next year will bring with it many opportunities and much change. We look forward to another year and another decade of helping as many immigrants as possible and in turn making America stronger and better. Please call on us. We are here for you!

With much love and gratitude,

Elizabeth

H-1B Lottery Season Is Ramping Up For The 2022 Fiscal Year

Please contact us if you need assistance with lottery registration and filing applications. Stay tuned for more information.

Click the following links for more information:

H-1B Electronic Registration Process

Presidential Proclamation Ending Discriminatory

Bans on Entry Into the U.S.

“The United States was built on a foundation of religious freedom and tolerance, a principle enshrined in the United States Constitution.” This was the first sentence in President Joseph R. Biden’s proclamation repealing Trump’s discriminatory travel bans that prohibited nonimmigrants and immigrants from certain Muslim-majority and African-majority countries from entering the U.S.

Issued on his first day in office, January 20, 2021, President Biden’s proclamation sets forth that the Secretary of State direct all embassies and consulates to no longer apply Trump’s executive orders and proclamations and resume processing of all visas.

The proclamation also states that the Secretary of State provide:

The number of visa applicants considered for a waiver under Trump’s travel bans and a plan to adjudicate their pending visa applications quickly.
A proposal to ensure that individuals who were previously denied immigrant visas as a result of Trump’s ban may have their applications reconsidered.
A plan to ensure that visa applicants are not prejudiced as a result of a previous visa denial under Trump’s travel ban if they choose to reapply for a visa.

Trump’s travel ban has left a mark on the U.S. and affected thousands of families, including over 9,000 spouses and minor children of U.S. citizens who have been prevented from entering the U.S. due to Trump’s travel bans. As set forth in Biden’s proclamation, “those actions are a stain on our national conscience and are inconsistent with our long history of welcoming people of all faiths and no faith at all.” President Biden’s proclamation provides some hope for these families, who can now look forward to being reunited with their loved ones.

Click the following links for more information:

Proclamation on Ending Discriminatory Bans on Entry to The United States

Presidential Proclamation Issues Regulatory Freeze

Which Puts a Hold on Trump Regulations

On January 20, 2021, President Biden issued a memorandum declaring a freeze on the federal agency regulatory process for the Trump administration regulations that have not yet taken effect or been finalized. The memorandum states:

All rules pending but not yet published in the Federal Register be withdrawn immediately for review.
For rules that have been published in the Federal Register but have not taken effect, federal agencies consider postponing the effective dates for 60 days beyond the date of the memorandum.
Federal agencies should not propose or issue any new regulation or policy until reviewed by the Biden administration.

What does this mean for immigration? Immigration regulations issued by the Trump administration that are not yet in effect or finalized are delayed by at least 60 days.

One major benefit is that the Trump regulations that would have had a negative impact on the H-1B visa program (replacing the H-1B lottery with salary-based selection, redefining the term “specialty occupation,” altering the way prevailing wages are calculated) are put on hold.

The Garvish Immigration team is closing monitoring any developments that would affect the H-1B program and will keep you posted.

Click the following links for more information:

Regulatory Freeze Pending Review

President Biden Issues Order to Preserve DACA and Calls for Congress to Pass Comprehensive Immigration Reform

On January 20, President Biden issued a memorandum directing the Secretary of Homeland Security, together with the Attorney General, to take actions to preserve and fortify the Deferred Action for Childhood Arrivals (DACA) program. This comes after the unsuccessful rescission of the DACA program by the prior administration in September 2017, which was litigated up to the U.S. Supreme Court.

President Biden also asked Congress to pass a comprehensive immigration bill that would make more people eligible for legal status. At this time, Congress has not passed any such immigration bill into law, which means that no new options to apply for legal status have been created and no broad legalization program has been adopted. However, now is the time to prepare for this possibility by organizing your documents and consulting with one of our attorney’s.

Click the following links for more information:

Preserving and Fortifying Deferred Action for Childhood Arrivals (DACA)

Halt of Former-President Trump’s Attempt to Exclude

Noncitizens from the Census for Purposes of

Apportionment of Congressional Representation

We previously wrote about the prior Administration’s actions to exclude immigrants who are living in the United States without authorization from the official count taken by the U.S. Census. This was in contradiction to the 14th Amendment of the U.S. Constitution, which states that apportionment of seats in Congress must be based on a calculation of the "whole number of persons in each state."

President Biden’s order acknowledges that representation of all people is a foundational tradition in our representative democracy. “[O]ur elected representatives have a responsibility to represent the interests of all people residing in the United States and affected by our laws. This tradition also respects the dignity and humanity of every person.”

Click the following link for more information:

Executive Order on Ensuring a Lawful and Accurate Enumeration and Apportionment Pursuant to the Decennial Census

February 2021 Visa Bulletin

The February 2021 Visa Bulletin is out! EB-3 for “rest of the world” (except China and India) remains current. India and China experienced some movement as follows,

EB-1 India moves ahead to 01JAN20
EB-2 India moves ahead a week to 12OCT09
EB-3 India also moves ahead a week to 01APR10
EB-1 China moves ahead a few months to 01JAN20
EB-2 China moves ahead a week to 15JUN16
EB-3 China moves ahead to 01JAN18

Click here to see February's visa bulletin

Garvish Immigration

Law Group

ADDITIONAL NEWS

Click the titles to access the information

Biden likely to delay executive orders on immigration, including a task force to reunite families

USCIS to Replace Sticker That Extends Validity of Green Cards

Upcoming Events

LeGALS - Drinks and Debate

Elizabeth Garvish, Amna Shirazi, Lorena Saedi and Alyssa Maloof Whatley

Grab your beverage of choice for our monthly virtual happy hour discussion with the LeGALS legal entrepreneurs. Do not miss the opportunity to meet their special guest: Ruth Rocker-McMullin the Gwinnett County Chief Deputy Clerk of Court and former judge. Previously, as a business owner, Ruth represented citizens that were charged with serious felonies. Also, throughout her career, she has worked and volunteered fighting for civil rights with organizations such as the Southern Center for Human Rights, the Southern Poverty Law Center, the Lawyers’ Committee for Civil Rights Under Law, and Lawyers Without Borders.

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