USCIS Eases Visitor Restrictions for Fully Vaccinated Individuals
Release Date 05/27/2021
Due to updated guidance from the CDC, USCIS has updated its visitor policy. Fully vaccinated individuals no longer have to wear a face covering. Individuals two years old and older who are not fully vaccinated must still wear a face covering.
To be considered fully vaccinated, it must be at least two weeks after receiving a second dose in a two-dose series or at least two weeks after receiving a dose of a single-dose vaccine.
USCIS has eased other requirements for fully vaccinated individuals who do not have COVID-19 symptoms. Those who have returned from domestic air, international air or cruise ship travel in the past 10 days may enter USCIS facilities if they are fully vaccinated. Individuals who have been in close contact (within six feet for a total of 15 minutes or more) with anyone known to have COVID-19 in the previous 14 days may also enter USCIS facilities if they are fully vaccinated. Healthcare workers who consistently wear an N95 respirator and proper personal protective equipment or equivalent when in contact with COVID-19 positive individuals continue to be exempt from reporting close contact.
In DHS-controlled spaces, this guidance supersedes state, local, tribal, or territorial rules and regulations regarding face coverings.
For more information, see our USCIS Visitor Policy.
Last Reviewed/Updated: 05/27/2021
Source: https://www.uscis.gov/news/alerts/uscis-eases-visitor-restrictions-for-fully-vaccinated-individuals
USCIS Temporarily Suspends Biometrics Requirement for Certain Form I-539 Applicants
Effective May 17, 2021, U.S. Citizenship and Immigration Services will temporarily suspend the biometrics submission requirement for certain applicants filing Form I-539, Application To Extend/Change Nonimmigrant Status, requesting an extension of stay in or change of status to H-4, L-2, and E nonimmigrant status. USCIS will allow adjudications for those specific categories to proceed based on biographic information and related background checks, without capturing fingerprints and a photograph. This suspension will apply through May 17, 2023, subject to affirmative extension or revocation of the suspension period by the USCIS director.
This temporary suspension will apply to applicants filing Form I-539 requesting the following:
- Extension of stay in or change of status to H-4 nonimmigrant status;
- Extension of stay in or change of status to L-2 nonimmigrant status;
- Extension of stay in or change of status to E-1 nonimmigrant status;
- Extension of stay in or change of status to E-2 nonimmigrant status (including E-2C (E-2 CNMI Investor)); or
- Extension of stay in or change of status to E-3 nonimmigrant status (including those selecting E-3D).
This suspension will apply only to the above categories of Form I-539 applications that are either:
- Pending as of May 17, 2021, and have not yet received a biometric services appointment notice; or
- New applications postmarked or submitted electronically on or after May 17, 2021.
However, USCIS retains discretion on a case-by-case basis to require biometrics for applicants who meet the criteria above, and any applicant may be scheduled for an application support center (ASC) appointment to submit biometrics.
Form I-539 applicants who have already received a biometric services appointment notice should still attend their scheduled appointment.
Effective May 17, 2021, Form I-539 applicants meeting the criteria above are not required to submit the $85 biometric services fee for Form I-539 during the suspension period. USCIS will return a biometric services fee if submitted separately from the base fee. USCIS will allow a short grace period during which USCIS will not reject Form I-539 filed with the biometric services fee. USCIS will begin rejecting paper Form I-539 applications postmarked May 27, 2021, or later (while this suspension of the biometrics requirement is in effect), if applicants meeting the above criteria submit a single payment covering both the filing fee and the $85 biometrics services fee. If USCIS rejects the paper application because the applicant included the $85 biometrics service fee after the grace period, the applicant will need to re-file Form I-539 without the biometric services fee.
Background
Beginning March 2019, USCIS required certain Form I-539 applicants and co-applicants to appear in person at an ASC to submit their biometrics. In March 2020, USCIS temporarily suspended in-person services at its field offices, asylum offices, and ASCs to help slow the spread of COVID-19. Although ASCs have since reopened to the public, they are not yet operating at full appointment capacity due to necessary COVID-19 health and safety protocols. These temporary closures and capacity limitations at the ASCs, accompanied by other processing delays, created a substantial volume of cases awaiting biometrics appointments at ASCs.
The significant volume of pending cases related to Form I-539 are particularly impacting the timeframe for USCIS to adjudicate the related employment authorization applications (Form I-765, Application for Employment Authorization) for H-4 nonimmigrants (spouses and children of H-1B nonimmigrants), L-2 nonimmigrants (spouses and children of L-1 nonimmigrants), and certain E nonimmigrants (dependents of E-1, E-2 and E-3 principal nonimmigrants).
While DHS regulations provide for an automatic extension of employment authorization for certain EAD renewals, H-4, L-2, and E nonimmigrants are not included in the applicable automatic renewal provisions. Form I-765 cannot be approved until after the dependent spouse’s underlying H-4, L-2, or E nonimmigrant status is granted or extended upon approval of Form I-539.
Suspending biometrics requirements for 24 months for H-4, L-2, and E nonimmigrants filing Form I-539 who meet the criteria above will provide sufficient time for USCIS to address the processing delays that have been exacerbated by limited ASC capacity due to COVID-19 health and safety protocols. USCIS has decided to suspend biometrics submission for all H-4, L-2, and E nonimmigrants (in other words, both dependent spouses and children) filing Forms I-539 rather than limiting the suspension to only those dependent spouses who are also filing Form I-765 because it would not be operationally feasible to treat dependent children differently from dependent spouses. USCIS will continue to monitor ASC capacity and adjudication processing times for Form I-539 and Form I-765 and may adjust or extend this suspension as circumstances change.
USCIS has general authority to require the submission of biometrics from applicants, petitioners, and beneficiaries for immigration or naturalization benefits or requests. The Immigration and Nationality Act (INA) at section 103(a), 8 U.S.C. 1103(a), provides general authority for DHS to collect or require submission of biometrics. DHS regulations provide specific authority to require biometrics submission at 8 CFR 103.2(b)(9) and 103.16.
This alert is intended solely for the guidance of USCIS personnel in the performance of their official duties. It is not intended to, does not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable at law, or by any individual or other party in removal proceedings, in litigation with the United States, or in any other form or manner.
Last Reviewed/Updated: 05/13/2021
DHS Proposes to Limit Work Permits for Aliens with Final Orders of Removal
Release Date 11/17/2020
Rule will encourage these aliens to depart the country
WASHINGTON—The Department of Homeland Security (DHS) today announced a proposed rule that would limit discretionary work authorization for aliens who have final orders of removal and who have been temporarily released from DHS custody on an order of supervision (OSUP). The rule would align the issuance of discretionary employment authorization with the administration’s priorities to protect U.S. workers and strengthen immigration enforcement.
Orders of supervision allow DHS to place conditions on and monitor aliens with final orders of removal who have been temporarily released from DHS custody until DHS has the travel documents necessary to remove the alien from the United States. The OSUP contains several conditions for release, including a requirement that aliens cooperate with efforts to procure the travel documents for removal, check in with DHS on designated dates, and present themselves for removal once it is arranged.
“Authorizing employment benefits to aliens who have already had due process and have been ordered removed by the U.S. government undermines the rule of law and weakens DHS enforcement and removal operations,” said USCIS Deputy Director for Policy Joseph Edlow. “This effort would also remove the economic incentive for these aliens to not cooperate in the effort to obtain travel documents to return to their home countries.”
Under current regulations, an alien who has a final order of removal and who is temporarily released from DHS custody on an OSUP is generally eligible for an employment authorization document (EAD). This creates a disincentive for the alien to depart or cooperate with their home country to obtain travel documents to depart the United States. These aliens have used substantial government resources throughout the removal process and have ultimately been ordered removed from the United States by an immigration judge.
Under the proposed rule, only a small subset of these aliens who can demonstrate that DHS has determined that their removal from the United States is impracticable would remain eligible for discretionary employment authorization. DHS will require such aliens to establish economic necessity to work, consistent with other discretionary EAD categories, and USCIS will assess whether they warrant a favorable exercise of discretion for a grant of employment authorization. In addition, aliens who qualify for discretionary employment authorization under the proposed rule and subsequently seek to renew their work authorization would also be required to establish that their employer participates in E-Verify and is in good standing in the program.
The proposed rule also would limit the validity period of the employment authorization for aliens released on an OSUP to one year, regardless of whether it is an initial or a renewal employment authorization. When a final rule is published, the changes made by the rule will apply to initial and renewal applications filed on or after the final rule’s effective date. Aliens who are employment-authorized prior to the final rule’s effective date will remain employment authorized until the expiration date on their EAD, unless the EAD is terminated or revoked. The final rule also would not affect applications to replace EADs granted before the final rule’s effective date.
For more information on USCIS and its programs, please visit uscis.gov or follow them on Twitter (@uscis), Instagram (/uscis), YouTube (/uscis), Facebook (/uscis) and LinkedIn (/uscis).Last Reviewed/Updated:11/17/2020
Never quit trying. Succeed!
Is anyone able to recommend quality Hydraulic Couplings Business Sales Leads? Thanks very much 🙂