YOUR MONTHLY IMMIGRATION GUIDE

YOUR TRUSTED GUIDE TO THE AMERICAN DREAM_®

March 2021

Dear Friends and Colleagues:

Spring is in the air! It is a time of renewal, rebirth and growth. We are letting go of the dark winter and moving forward with renewed hope for a better America. At Garvish Immigration Law Group, we are expanding in many ways. Our most Senior Associate, Nadia, just had her second son, Jonathan, and she is spending this time at home with him. We are hiring and adding new talent to the team as well. We hope to be able to serve our clients even better in this new era of immigration in America.

Happy Spring! Let us know how we can help you!

Elizabeth xo

"The day the Lord created hope was probably the same day he created Spring."--Bernard Williams

USCIS May Reopen and Reconsider Adverse H-1B Decisions Denied Under Three Rescinded Policy Memos

USCIS announced on March 12, 2021 that it may reopen and/or reconsider denied

Petitions for a Nonimmigrant Worker based on Policy Memoranda 602-0114 and 602-0142.1.

These policy memoranda rescinded three previous memoranda. A petitioner is able to request that USCIS reopen and/or reconsider negative decisions based on the three rescinded policy memos. If you think your H-1B petition applies to be reopened or considered, contact us to further discuss.

Click the following link for more information:

Article: USCIS May Reopen H-1B Petitions Denied Under Three Rescinded Policy Memos

Venezuela Designated for Temporary Protected Status (TPS) through September 2022

Alejandro N. Mayorkas, Secretary of Homeland Security, announced that Venezuela does not provide safe grounds for their nationals to return to their home country safely. Due to such extraordinary conditions, the Secretary of Homeland Security designated Venezuela for Temporary Protected Status for 18 months.

In order to obtain TPS, applicants must file an application with the USCIS within the 180-day registration period. Additionally, applicants must demonstrate continuous residence in the United States as of March 8, 2021 in order to be eligible for TPS under the Venezuela designation. Lastly, applicants will undergo a security and background check in order to be determined eligible. TPS holders qualify for Employment Authorization.

Click the following link for more information:

Secretary Mayorkas Designates Venezuela for Temporary Protected Status for 18 Months

DHS Withdrew the "Affidavit of Support" Proposed Rule

Consistent with the current administration's Executive Order (EO) 14012, Restoring Faith in Our Legal Immigration System and Strengthening Integration and Inclusion Efforts for New Americans, DHS decided to withdraw the “Affidavit of Support” proposed rule. The agency demonstrated its commitment to reduce barriers within the legal immigration system that increase burdens on American families who are willing to sponsor individuals to immigrate to the U.S.

The proposed rule was introduced on October 2, 2020 under the Trump Administration. Such rule would have increased the evidentiary requirements for U.S Citizens, U.S. nationals and lawful permanent residents who are sponsoring foreign individuals. Indeed, the rule required production of tax returns, banking information and credit reports of the sponsoring individuals/families. Such requirements would have placed new, costly burdens, estimated at $2.4 billion over the next ten years.

Click the following link for more information:

DHS Withdraws ‘Affidavit of Support’ Proposed Rule

Revocation of the Immigrant Visa Ban

On February 24, 2021, President Biden revoked Presidential Proclamation 10014 which prohibited the issuance of certain immigrant visas at the U.S. Embassies abroad. That Proclamation purported to protect the U.S. labor market during the Covid-19 pandemic. In contrast, President Biden’s revocation asserts that such Proclamation served only to cause family separation for U.S. citizens and permanent residents, as well as harm U.S. industries in that rely on talent from around the world. This is a very welcome development, as we may now resume processing of cases that have been on hold since April 22, 2020. However, the Presidential Proclamation 10052 suspending the entry of nonimmigrant workers (H-1B, etc.) for the same reasons remains in place.

Click the following link for more information:

A Proclamation on Revoking Proclamation 10014

Phased Resumption of Routine Visa Services

U.S. Citizenship Act of 2021 Introduced in the House

On February 18, 2021, Representative Linda Sánchez (D-CA) introduced the U.S. Citizenship Act of 2021 in the House “to provide an earned path to citizenship, to address the root causes of migration and responsibly manage the southern border, and to reform the immigrant visa system, and for other purposes.” On February 22, 2021, Senator Bob Menendez (D-NJ) introduced an identical bill in the Senate. These bills express the legislative proposals that President Biden called for on his first day in office. We will stay tuned to legislative updates on these bills and continue to hope for long-awaited comprehensive immigration reform.

Click the following links for more information:

Fact Sheet: President Biden Sends Immigration Bill to Congress as Part of His Commitment to Modernize our Immigration System

April 2021 Visa Bulletin

The April 2021 Visa Bulletin is out! EB-1, EB-2 and EB-3 for “rest of the world” (except China and India) remains current.

EB-1 India becomes current
EB-2 India moves ahead to 01MAY10
EB-3 India also moves ahead to 01SEP10
EB-1 China becomes current
EB-2 China moves ahead to 01 SEP16
EB-3 China moves ahead to 15MAR18

Click here to see April's visa bulletin

Garvish Immigration

Law Group

ADDITIONAL NEWS

Click the titles to access the information

USCIS Extends Flexibility for Responding to Agency Requests

USCIS Updates Policy Guidance for Special Immigrant Juvenile Classification

Registration period opens for Temporary Protected Status (TPS) for Syria

Relevant Events of the Month

LeGALS - Drinks and Debate

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

Did you miss the opportunity to meet the LeGALS with Elizabeth "Liz" George, Managing Member of Shah Law Firm. Access the recording of the meeting by clicking HERE!

Follow LeGALS on Facebook!