Proposed Immigration Language for Green Card Fees & Issuance

UPDATE: Senate Parliamentarian Rejects Option for Including Immigration Proposals in Reconciliation Bill

The House Judiciary Committee approved some immigration language to include with the upcoming budget reconciliation bill, which would allow some applicants the ability to pay an extra fee to be issued their green card. On September 20, 2021, the Senate’s nonpartisan parliamentarian determined that Democrats could not include the language in the bill, calling the language “by any standard a broad, new immigration policy.” She noted that these provisions would not be allowed in the bills if the budget effect is “merely incidental” to the overall policy impact.

Although a House committee approved the language, there are still several steps before the bill is brought to the House and Senate for a vote. If passed by both branches of Congress, the bill would be sent to the President for signature before implementation. Below is a summary of the proposed language, but please note this language could change significantly before potential approval.

Summary of Immigration Language

  • House Judiciary Committee approves immigration language for the reconciliation bill
    • New section in INA that would allow anyone in 4 categories to adjust status if they pay a supplemental fee of $1,500 and pass security/law enforcement checks and medical exam
      • Categories are Dreamers, essential workers, TPS, DED
      • Essential workers:
        • continuously physically present in the US since 1/1/2021
        • Demonstrated a consistent record of earned income in the US in an occupation listed in DHS’ Advisory Memorandum on Ensuring Ability to Work During the COVID from 1/31/2020 to 8/24/2021 Essential Critical Infrastructure  Workers
      • Recapture of unused immigrant visa numbers
        • Recapture of family and employment visas that went unused between 1992 and 2021 and automatically recapture unused numbers going forward
        • DV visas remain available from 2017 to 2021 if visa refusal was due to Trump visa ban or COVID slowdowns
      • DHS may accept AOS if the beneficiary of an approved I-130, pays a supplemental fee of $1,500 plus $250 for each derivative beneficiary and is otherwise eligible to adjust
        • DHS may exempt applicants from family numerical limits if they have a priority date more than 2 years old and
          • Applying in FA-1, FA-3, FA-4 and pay $2,500
          • EB-1, EB-2, or EB-3, and pay $5,000
          • EB-4 and pay fee of $50,000
        • Would take effect 180 days after the date of enactment or May 1, 2022, whichever is earlier
        • Additional supplemental fees
          • Family 1st, 2nd, 3rd, and 4th green card petitions shall have a new $100 supplemental fee. EB-1, 2, and 3 petitions shall be accompanied by a new $800 supplemental fee. EB-5 petitions shall be accompanied by a new $15,000 supplemental fee.
        • USCIS shall be appropriated $2.8 billion to increase their capacity to handle the new programs under 60001 and 60003.

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U.S. Announces Travel Restrictions to Be Lifted

U.S. Announces Travel Restrictions To Be Lifted

White House pandemic coordinator, Jeff Zients, announced a new international air travel system that will allow travelers abroad to enter the U.S. once again. Zients stated that the new system “enhances the safety of international air travel” and would allow COVID-19-based travel bans to end in early November for those who are fully vaccinated against the virus. The existing requirements for COVID-19 tests will remain, even for fully vaccinated travelers. Individuals wishing to travel to the U.S. need to show proof of a negative test within three days of their planned entry to the U.S. Masks will still be required, but quarantine mandates are not expected.

Americans who are abroad will have stricter testing requirements if they remain unvaccinated. The individuals may also be contacted by officials after arrival to see if they are experiencing any COVID-19 symptoms.

The Centers for Disease Control and Prevention is expected to announce a process for airlines to help implement a contact-tracing system by collecting phone numbers and email addresses of travelers. Zients stated: “This will enable CDC and state and local public health officials to follow up with inbound travelers and those around them as someone has potentially been exposed to COVID-19 or other pathogens.” The CDC will also release the list of vaccinations that will be acceptable before the new policy goes into effect.

Are you currently in a country subject to travel bans? 

If you have an urgent need to travel in the next few weeks, the existing travel restrictions will still be in place. You can request an emergency appointment and National Interest Exception if you qualify. However, the timeline for getting these approvals may be longer than a few weeks and therefore moot after the restrictions are lifted in November.

Check with your medical provider to determine if international travel and the current requirements are recommended for you. Note that some of the most popular vaccines require two doses, several weeks apart. If you wish to travel in November, consider scheduling your vaccination appointments early so that all required doses can be completed. If the vaccines available to you abroad are not currently approved for use in the U.S., you should check the CDC list of approved vaccines after it it is released (expected soon).

The consular posts are still subject to significant backlogs for visa appointments as posts are subject to country-specific operating conditions. Although you may be allowed to enter the U.S., obtaining visa stamping in a timely manner is expected to remain challenging in the coming months.

Resources

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DOS Announces Student Interviews May Be Waived

DOS Announces Student Interviews May Be Waived

The Department of State announced that F, M, and academic J visa applicants (students, professors, research scholars, short-term scholars, or specialists) may be eligible to have their applications adjudicated without an in-person interview at a consular post. While each embassy or consulate will have its own procedures for waiving the interviews, applicants may have to obtain drop box appointments for visa stamping. As a reminder, students qualified for an F-1 or M-1 visa will automatically be considered for an NIE, or National Interest Exception, to travel to the U.S., despite the ongoing travel bans applicable to travel from 33 countries.

Challa Law Resources:

September 14, 2021 Update from the Department of State

International students are now and always have been among the Department of State’s highest priorities.  The Department recognizes the important contributions these students make to our college and university campuses; the positive impact they have on U.S. communities; and the rich benefits of academic cooperation in increasing cultural understanding, furthering research, knowledge, and supporting U.S. diplomacy.  The Department is committed to supporting the U.S. academic community, while administering U.S. law.  The Department also recognizes this is a critical period of time for students seeking to begin their studies at academic institutions across the United States.

To that end, the Deputy Secretary for Management and Resources, under the authority delegated to him by the Secretary of State, in consultation with the Department of Homeland Security, has authorized consular officers through the end of 2021 to expand the categories of F, M, and “academic J visa applicants” (students, professors, research scholars, short-term scholars, or specialists) whose applications can be adjudicated without an in-person interview in their consular district of residence, with certain exceptions.  Consular officers may, if they so choose, and pursuant to local conditions, now waive the visa interview requirement for F, M, and academic J visa applicants who were previously issued any type of visa, and who have never been refused a visa unless such refusal was overcome or waived, and who have no apparent ineligibility or potential ineligibility; or first-time F, M, and academic J visa applicants who are citizens or nationals of a country that participates in the Visa Waiver Program (VWP), provided they have no apparent ineligibility or potential ineligibility.  This applies only to non-U.S. citizens who are nationals of eligible countries.  Details about country eligibility and necessary procedures will be available on the website of the relevant embassy or consulate.  Applicants from non VWP countries whose prior visa was issued when they were less than 14 years of age, may need to submit biometric fingerprints, but can still be approved for an interview waiver.

Secretary of State Antony Blinken has previously found F, M, and academic J visa applicants eligible for National Interest Exceptions (NIEs) under Presidential Proclamations that suspend entry of individuals present in one of the 33 countries subject to COVID-19 travel restrictions (see https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/covid-19-travel-restrictions-and-exceptions.html).  Students seeking to apply for a new F-1 or M-1 visa should check the status of visa services at the nearest embassy or consulate; those applicants who are found to be otherwise qualified for an F-1 or M-1 visa will automatically be considered for an NIE to travel.  Students and academics traveling on J-1 visas must contact the nearest embassy or consulate prior to travel to receive an NIE.

Consular resources and local government restrictions vary widely, and each consular section is continuously reviewing its capacity to adjudicate visa applications during this worldwide pandemic and as we address global issues and competing priorities.  We encourage applicants to check the website of the relevant U.S. embassy or consulate to confirm the level of services currently offered and to find guidelines for applying for a visa without an interview.

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Contact us at info@challalaw.com or 804-360-8482 to get your case started today.

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October 2021 Visa Bulletin Released

The Department of State released the first Visa Bulletin for the new fiscal year. USCIS confirmed it will use the Dates for Filing chart for the month of October. This allows applicants with later priority dates to file their Adjustment of Status applications, along with applications for Advance Parole and an Employment Authorization Document (EAD).

Employment-Based Highlights

  • Dates for Filing – EB-2 progressed by approximately 6 months
  • Dates for Filing – EB-3 retrogressed by almost 2 months
DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS

Visa Availability in the Coming Months (Predictions Through January 2022)

  • No movement expected in F1, F2B, F3, and F4 family-based categories. F2A will likely remain current.
  • EB-1 will remain current worldwide and for India and China
  • EB-2 will be current worldwide, with “up to several months” of movement expected for China and India
  • EB-3 – Final Action Date could be imposed worldwide as early as November
    • China: retrogression could occur as early as November
    • India: retrogression could occur as early as November
    • Mexico: Final Action Date could be imposed as early as November
    • Philippines: Final Action Date could be imposed as early as November
  • EB-4 will remain current for most countries, limited (if any) movement expected for Mexico, El Salvador, Guatemala, and Honduras
  • EB-5 will remain current for most countries, no forward movement for China

The Department of State’s Chief of the Visa Control division, Charles Oppenheim will host “Chats with Charlie” on the @TravelGov YouTube channel at 1 PM EST, September 15, 2021.

Next Steps

If you are current using the Dates for Filing chart, contact us immediately to get your case started. Considering an EB-2 to EB-3 “downgrade” to take advantage of the movement? Join our weekly webinars and get your questions answered!

REQUIRED DOCUMENTATION

International Travel: Please advise our office if you have planned or anticipate any international travel in the next twelve months.

If you have ever been arrested in the U.S. or another country, please disclose to our office immediately so that our office can best represent you.  

  • Copy of Foreign Passport (and expired passport if it includes immigration history)
  • Most recent I-94
  • Copy of all prior immigration documentation (I-797s, I-20s, DS-2019s, I-601 waiver, etc.)
  • Copy of Employment Authorization Document (EAD) work cards
  • Copy of Birth Certificate
  • Copy of Marriage Certificate
  • For prior marriages, copy of marriage certificate and evidence of legal termination (divorce decree or death certificate)
  • Police Certificates – ONLY REQUIRED FOR CONSULAR PROCESSING (Must be obtained for any arrests in the U.S. or in another country.)
  • Documentation of any criminal arrests, convictions, etc. (REQUIRED IF APPLYING FROM U.S.)
  • Certificates of citizenship to other countries other than country of birth
  • Copy of any U.S. federal tax returns for three most recent years
  • Copy of any W-2 statements for three most recent years (or covering all years of employment for an employer-sponsored green card)
  • Copy of paystubs for six most recent months
  • Six (6) U.S. passport-style photos
  • Civil Surgeon Medical Exam – Form I-693 (sealed in an envelope with full name printed on the outside; must be submitted to USCIS within 60 days of physician’s signature) 
  • I-485 Supplement J for employment-based cases (signed by original petitioning employer demonstrating continued offer of employment)
  • USCIS Filing Fees and Legal Fees

Any document not in English must be accompanied by a certified English translation.

Connecting with Challa Law Group

Join us on Wednesdays for a live webinar at 12 PM ET on critical immigration updates

Don’t miss out on the immigration news! You can sign up for our mailing list or follow us on FacebookTwitterInstagramYouTube, or LinkedIn. You can also join our Telegram community.

Contact us at info@challalaw.com or 804-360-8482 to get your case started today.

 

 

 

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