Can You Apply for a Green Card Next Month? Check the October Visa Bulletin!
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for October 2020 to see if your priority date will be current next month.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for October 2020 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in October.
More good news: Final action dates for employment-based 1st, 2nd, 3rd, and Other Workers preference categories will become current for all countries except for China and India.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is fully operational and here for you during this challenging time.
Contact us at theteam@huwelaw.com or 415-496-9040 today.
USCIS Immigration Fees will Increase on October 2nd
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.
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.
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
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.
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 415-413-8760 for assistance in applying for a green card.
The Confusing State of DACA
Update from the Department of Homeland Security ("DHS") Acting Secretary Chad Wolf issued a memo…
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.
