USCIS Further Extends Deadlines for Responding to RFEs, NOIDs

Good news for anyone in receipt of a Request for Evidence (RFE) or NOID (Notice of Intent to Deny) that was issued by USCIS: You may have more time to submit your response.

Due to the pandemic, USCIS is allowing an extra 60 days of response time for many RFEs and NOIDs received between March 1, 2020 and January 15, 2022.

Need assistance with your fiance visa, green card application sponsored by a family member or employer, or employment-based visa? Contact us today at theteam@huwelaw.com or 415-496-9040.

Immigration Backlog Causes Long Delays in Processing

The data is in: The US Government Accountability Office (GAO) has found that the caseload at USCIS, the government agency that processes immigration applications like applications to adjust status to become a permanent resident and naturalization applications, has increased by 85% over the past 5 years. Yikes.

Per the GAO, "policy changes, longer forms, staffing issues, and delays from COVID-19 contributed to longer processing times. Although USCIS has several plans to address the backlog, it hasn't implemented them and hasn't identified necessary resources."

What does this mean for me?

If you have a pending application with USCIS, then you likely will need to wait much longer than you would have in the past to see it approved. For example, right now we are seeing 18-24 month processing times for Applications to Adjust Status (to obtain a green card while residing in the US) in the San Francisco and San Jose California area. And processing time for a Petition for Alien Relative (the first step in the "green card" process when sponsoring a relative abroad) for the spouse, parent, or child of a US citizen can be as long as 32 months!

What does this mean moving forward?

We hope that USCIS will soon take action to address this frustrating backlog. In the meantime, we recommend filing your application as soon as possible to "get in line." If you are seeking assistance with a green card sponsored by a family member or employer, or an employment-based visa, contact us today at theteam@huwelaw.com or 415-413-8760 and let us help!

TPS Extended for El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan

The Department of Homeland Security has announced that Temporary Protected Status (TPS) will be automatically extended for El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan, through December 31, 2022. To obtain a new EAD with an expiration date of Dec. 31, 2022, TPS beneficiaries must file Form I-765, Application for Employment Authorization.

Need help figuring out your immigration options? Contact us today at theteam@huwelaw.com or 415-496-9040.

USCIS Creates New Webpage for Lockbox Filing Location Updates

USCIS has created a new Lockbox Filing Location Updates page on their website to provide updates they make to lockbox filing locations, where immigration applications are mailed. The filing locations are periodically adjusted to balance incoming workload for timely processing. That means that even if your application was mailed to one location, it could end up being processed in a different one. 

Contact us today at theteam@huwelaw.com or 415-548-7067 for assistance with a green card or employment-based visa application.

TPS Redesignated for Somalia

The Department of Homeland Security has announced that TPS for Somalia will be redesignated through March 17, 2023. So far we do not have details, but we expect that re-registration should be allowed soon.

Need help in re-registering for TPS? Contact us today at theteam@huwelaw.com or 415-496-9040.

TPS Redesignated for Yemen

The Department of Homeland Security has announced that TPS for Yemen will be redesignated through March 3, 2023. So far we do not have details, but we expect that re-registration should be allowed soon.

Need help in re-registering for TPS? Contact us today at theteam@huwelaw.com or 415-496-9040.

USCIS Extends Deadlines for Responding to RFEs, NOIDs

In good news for anyone in receipt of a Request for Evidence (RFE) or NOID (Notice of Intent to Deny) that was issued by USCIS, you may have more time to submit your response. Due to the pandemic, USCIS is allowing an extra 60 days of response time for many RFEs and NOIDs received between March 1, 2020 and September 30, 2021.

Need assistance with your fiance visa, green card application, or employment visa? Contact us today at theteam@huwelaw.com or 415-548-7067. We are operating fully remotely and are here for you during this challenging time.

Biden Reverses Trump Policy of Green Card Denial Before RFE

In good news for adjustment of status ("green card") applicants, President Biden has announced the reversal of a Trump-era policy of rejecting incomplete applications without first issuing a Request for Evidence (RFE) requesting more information or documentation.

What does this mean for me?

If you are applying for a green card and submit an incomplete application, you will have a chance to correct any omissions at a later time in the process. This is especially helpful for our clients who are unable to obtain a necessary document in time to submit it with their green card application.

Seeking assistance with your green card application? We may be able to help! Contact us today at theteam@huwelaw.com or 415-413-8760 for more information.

USCIS Suspends Biometrics Requirements For H, L and E Visa Spouses

Starting on May 17th, 2021, USCIS will suspend biometrics requirements for certain I-539 applicants, including H-4, L-2, and E-1, E-2, and E-3 visa applicants, for at least two years.

What does this mean for me?

This is good news! If you are filing a new H-4, L-2, E-1, E-2, or E-3 visa application, or you have an application currently pending and you do not receive your biometrics notice by May 17th, then you should not be required to appear for a biometrics appointment while your case is being processed. That means that your application should be approved sooner. 

Need assistance with an application for a visa or green card? Contact us today at theteam@huwelaw.com or 415-548-7067!

A Pathway to Citizenship for Dreamers?

Are you an undocumented "Dreamer" who was brought into the US as a child? 

Deferred Action for Childhood Arrivals, or DACA, is a means of getting employment authorization for many in your situation. However, it is not a pathway to permanent residency (a "green card") or US citizenship. Currently there is no such pathway, independent of potential sponsorship by an immediate relative. The Dream Act of 2021 is meant to change that. 

Last Thursday, February 4th, Senators Dick Durbin, D-Ill., and Lindsey Graham, R-S.C. introduced this bill in the US Senate. Similar legislation was first introduced in 2001. If passed into law, the bill would give some young, undocumented immigrants brought to the U.S. as children, assuming that they are able to pass certain background checks and are paying their taxes, a pathway to a green card and US citizenship. 

It may be a while before we know whether the Dream Act of 2021 will become law. In the meantime, contact us at theteam@huwelaw.com or 415-496-9040 to see if you qualify for DACA or a green card through sponsorship by an immediate relative. We specialize in this area and would be happy to provide a free 15 minute consultation to see if we can help!

New H-1b Visa Rule Calls for Lottery Selection Based on Wage Level

UPDATE: The Biden administration has put a 60 day hold or “freeze” on implementation of this new rule. Therefore it will not apply in this year’s lottery selection process.

Last Friday, January 8, 2021, USCIS published a final regulatory rule which changes the way that H-1b visas will be evaluated in the H-1b visa cap season lottery.

What is the new rule?

Under the existing rule, H-1b visa lottery winners are chosen based on a random selection process. The new rule calls for lottery selection based on the wage level used in an H-1b visa petition. This means that H-1b visa numbers will be allocated according to salary levels, giving priority to those earning the highest salaries in their respective occupations and geographic areas of employment.

Will the new rule affect this year's H-1b cap season?

As of now, that is unclear. The rule is scheduled to go into effect on March 9, 2021. Incoming President Biden has the authority to put a freeze on all unimplemented rules that exist at the time he takes office, including this one. The freeze could be up to 60 days, which means this rule would not apply to this H-1b cap season. However, Biden has not committed to freezing this rule, and he has expressed support for allotment of H-1b based on wage levels. Therefore we will need to wait and see.

Need assistance with an H-1b visa cap season petition? Contact us today at theteam@huwelaw.com or 415-849-1199.

Trump Extends Immigrant and Employment Visa Bans

On December 31, 2020, President Trump issued a new proclamation continuing Proclamations 10014 and 10052, which suspend the entry of certain immigrants and nonimmigrants into the United States. The ban has been extended until March 31st, 2021.

Will Biden rescind the bans?

It is possible but not guaranteed. The situation is complex, and he may decide to let them reach their natural expirations.

How will this affect me?

If you are seeking an immigrant visa (green card at a consulate) in a preference category, such as the child of a permanent resident, or as the parent of a US citizen, then that visa may not be able to be issued until April. The same is true for certain employment-based visas issued at a consulate.

Need more information or assistance with your green card or employment-based visa application? Contact us today at theteam@huwelaw.com or 415-849-1199.

Immigration Officers Have Discretion When Deciding Green Card Cases

Did you know: Even if you prove that you meet all general legal requirements for eligibility for a green card, the immigration officer deciding your case still has discretion to deny it?

This is a surprise to many green card applicants. And in the San Jose and San Francisco Bay Area where we practice, the use of discretion to deny a green card application has not been common practice thus far. However, recently United States CItizenship and Immigration Services (USCIS) updated their Policy Manual and added consolidated guidance on the issue of discretion. We expect that this new guidance will prompt increased scrutiny and denials moving forward.

The USCIS Policy Manual now states that the adjudicating officer "should review the entire record and give appropriate weight to the negative and positive factors relative to the privileges, rights, and responsibilities of LPR [Lawful Permanent Resident] status. Once the officer has weighed each factor, the officer should consider all of the factors cumulatively to determine whether the positive factors outweigh the negative ones."

So what types of factors will the officer consider when evaluating your case? Some of the biggest factors are:

-Your family ties in the US 

-Your history of education and employment in the US, and current US investment or property ownership

-Whether you have any type of criminal history, including arrests or citations (even if those would not otherwise bar you from receiving the green card) 

-Whether you have ever violated US immigration laws (even if the conduct would not otherwise bar you from receiving the green card)

Because immigration officers are likely to focus more on these and other additional factors when deciding a green card case, green card approval is becoming more challenging. 

How can Hurtubise Weber Law help? Our team has the knowledge and experience to support, guide, and represent you throughout the green card process, to give you the best chance of success. Contact us at theteam@huwelaw.com or 415-413-8760 to get help today!

TPS extended for El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan

Some great news for anyone from El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan holding Temporary Protected Status (TPS): USCIS has extended eligibility until October 4, 2021. This means that TPS holders from these countries will remain in status and authorized to work through that date.

Is your TPS scheduled to expire on October 4th? You may have options to remain in the U.S. beyond that date. We specialize in Deferred Action for Childhood Arrivals (DACA) and adjustment of status (green cards) sponsored by family members and employers. Contact us today at 628-877-0197 or theteam@huwelaw.com to see if you may qualify for one of these benefits!

USCIS Immigration Fees will Increase on October 2nd

UPDATE: The U.S. District Court for the Northern District of California has issued a nationwide preliminary injunction enjoining the fee increases described below. The injunction could be lifted at any time. Stay tuned for further updates.

Beginning on October 2, 2020, USCIS will implement across-the-board fee increases. If you qualify for an immigration benefit, now may be the time to apply.

Fees will increase for the benefits below, among others:

• N-400 Naturalization: $640 to $1160

• I-485 Adjustment for a child under 14 years old: $750 to $1130

• I-601A Provisional Waiver: $630 to $960

• I-192 Waiver: $930 to $1400

• I-751 Petition: $595 to $760

• I-765 EAD: $410 to $550

Additionally, all applicants for adjustment of status (an application for a "green card" in the US) will be required to pay separate fees for an I-765 EAD and I-131 travel document. This will result in an increase of more than $1100 in filing fees for adjustment applicants seeking these benefits. 

If you believe you may be eligible for an immigration benefit, there is still time to apply before the fees increase. Contact us to get started today at theteam@huwelaw.com or 415-496-9040.

Getting Around the Suspension of H-1b and L-1 Visas: National Interest Exceptions

Many foreign nationals know that on June 22nd, Presidential Proclamation 10052 was issued. The Proclamation suspends entry into the United States of applicants for certain visas, including (among others) H-1B, H-2B, L-1, and L-2 visas. It does not apply to applicants who were in the US on its effective date (June 24th) and who already had a valid visa in one of the classifications mentioned above. It is nonetheless a sweeping ban applicable to hundreds of thousands of nonimmigrants, which has resulted in multiple lawsuits being filed against the federal government to enjoin it. 

In response to these lawsuits, on August 12th the government issued new guidance that includes expanded "national interest" exceptions to the Proclamation. This new guidance will presumably help many professionals and companies because it includes exceptions such as the following:

1. The applicant is seeking to resume ongoing employment in the US in the same position with the same employer and visa classification

2. The applicant is a technical specialist, senior level manager, or other workers whose travel is necessary to facilitate the immediate and continued economic recovery of the US

3.  The wage rate paid to the H-1B applicant meaningfully exceeds the prevailing wage rate by at least 15%

4. The H-1B applicant’s education, training and/or experience demonstrate unusual expertise in the specialty occupation in which the applicant will be employed

5. The applicant’s proposed job duties or position within the petitioning company indicate the individual will provide significant and unique contributions to an employer meeting a critical infrastructure need

6.  Denial of the visa pursuant to the Proclamation would cause financial hardship to the US employer

However, in practice it will be difficult for a foreign national to benefit from a national interest exception. In order to do so, they must be able to get over the hurdles of (1) successfully scheduling an emergency appointment at the applicable US consulate abroad during a pandemic that has resulted in extremely limited visa services, and (2) successfully arguing that they qualify for an exception in the face of consular officers who have unchecked discretion to approve or deny these applications. Furthermore, the new guidance in conjunction with the Proclamation itself constitute an attempt by the executive branch to circumvent the legislative procedure and create new statutory requirements for H-1b and L-1 visas. These issues will result in lawsuits continuing to move forward against the federal government, which may result in an injunction on the Proclamation itself. Stay tuned . . . 

. . . and in the meantime, contact us for help at theteam@huwelaw.com or 415-496-9040. 

Judge Bars Enforcement of Immigration Public Charge Rule During Pandemic

UPDATE #2: Per a September 2020 court order, the public charge rule may now be enforced nationwide, during the pandemic, until further notice.

UPDATE: The Second Circuit Court of Appeals issued a ruling on August 12th limiting the District Court’s Order discussed below to Vermont, Connecticut, and New York only. Therefore enforcement of the public charge rule is currently barred in those states only. USCIS may enforce the rule in all other states. Stay tuned for further updates.

We have rare positive news for those seeking permanent residency in the US: 

On Wednesday, July 29th, a federal judge in the US District Court for the Southern District of New York issued a nationwide injunction barring USCIS from enforcing the "public charge" rule for as long as the COVID-19 pandemic remains a public health emergency. Both United States Citizenship and Immigration Services (USCIS) and the United States Department of State (DOS) have since announced that they will comply with the injunction.  

This means that as long as the injunction remains in effect and there is a declared national health emergency, neither DOS consular nor USCIS officers will enforce any part of the public charge rule. 

Please check back in for updates, as this is a fluid situation. 

We are fully operational virtually and here to help! Contact us at theteam@huwelaw.com or 415-496-9040 for assistance in applying for a green card. 

The Confusing State of DACA

UPDATE: As of December 7, 2020, to comply with a recent court order, DHS has restored DACA to its original form and is now accepting new DACA and advance parole applications. Please contact us today at theteam@huwelaw.com or 415-849-1199 for assistance!

On Tuesday, July 28th, Department of Homeland Security ("DHS") Acting Secretary Chad Wolf issued a memo instructing DHS to:

• Reject all initial requests for DACA and associated applications for Employment Authorization Documents,

• Reject new and pending requests for advanced parole absent exceptional circumstances, and

• Limit the period of renewed deferred action granted pursuant to the DACA policy after the issuance of this memorandum to one year.

This announcement was made despite recent US Supreme Court and federal district court orders instructing the federal government to reinstate the DACA program as it was initially designed and to again accept DACA applications for initial applicants. 

Due to the federal government's apparent defiance of these court orders, DACA is currently in a limbo state. Class action lawsuits have been brought on behalf of initial DACA applicants whose applications will now be rejected. 

What does this announcement mean in practice?

If you are an initial applicant for DACA, or a DACA recipient who has recently applied for advance parole, your applications will likely be rejected and returned to you. Pending litigation may result in the applications eventually being accepted, but only time will tell.

If you are in this situation, you may have other options under immigration law. Contact us at theteam@huwelaw.com or 415-849-1199 to find out if we can help.

Can a Foreign National Working in the US Apply for Unemployment?

Many of our clients have reached out to ask whether it is okay for them to apply for unemployment during this uncertain economic time. They are understandably worried that doing so could negatively affect their current immigration status or applications for future benefits.  

Immigration law is complex and fact dependent. However the good news is that in general a foreign national working in the US can apply for unemployment without triggering negative immigration consequences. 

The key is that the foreign national must be eligible for unemployment under all applicable rules where they reside. They must be legally entitled to receive the benefit under federal law, as well as local and state law in their jurisdiction. If this is the case, then applying for or receiving unemployment benefits should not negatively impact current or future immigration applications.

Of course there are caveats and nuances involved. If you are struggling to decide what to do in your specific situation, please contact us at theteam@huwelaw.com or 415-413-8760 to schedule a legal evaluation. We are here to help!

We Support our Essential Immigrant Workers

The U.S. economy is largely built on immigrants. Immigrants make up a significant percentage of workers in a range of industries, including those that are essential during a pandemic.

Over 33% of all farmers, fishermen, and forestry workers are immigrants. Over 3 million immigrants work in the accommodation and food services industries. And more than 4 million immigrants work in the healthcare and social services industries.

To learn more, visit https://www.americanimmigrationcouncil.org/research/immigrants-in-the-united-states?emci=a3df6c49-1b8b-ea11-86e9-00155d03b5dd&emdi=a77d2ecf-bd8b-ea11-86e9-00155d03b5dd&ceid=4520155.

Hurtubise Weber Law stands with our essential immigrant workers, sending gratitude for all that they do.