4/30/2021: US to start restricting travel from India effective Tuesday, May 4 due to surge of Covid-19 outbreak in India: https://www.cnn.com/2021/04/30/politics/us-india-travel-restrictions/index.html
4/20/2021: May 2021 Visa Bulletin is available: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2021/visa-bulletin-for-may-2021.html
4/13/2021: Department of State Provides FAQ regard immigrant visa backlog.
See also: https://www.facebook.com/9229303148/posts/10159159963093149/?d=n
November 2020 Visa Bulletin is out. There is no movement for Employment Based “Dates For Filing” Chart and some minor movements in the “Final Action Dates” chart. There is no movement on the family side under either the “Dates for Filing” or “Final Action Dates” charts.
October Visa Bulletin is out. It contains significant movement in some family and employment based categories. If you have any question, please contact us. Thank you
6/15/2021: USCIS provided data from the FY2022 H-1B cap registration process, reporting that it received 308,613 H-1B registrations during the initial registration period and selected 87,500 registrations.
6/1/2021: Department of States provides additional guidance on obtaining “National Interest Exception”.
5/7/2021: Department of State latest updates on Covid-19 Travel Restrictions and Exceptions: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/covid-19-travel-restrictions-and-exceptions.html
5/4/2021: USCIS announces that it will suspend the biometric requirements (fingerprinting) for H-4, L-2, E-1, E-2, and E-3 applicants beginning on May 17, 2021, as a result of a lawsuit and unprecedented processing backlog in these categories.
4/27/2021: Department of State announces “National Interest Exceptions” standards to all banned countries due to Covid-19: https://travel.state.gov/content/travel/en/News/visas-news/national-interest-exceptions-for-certain-travelers-from-china-Iran-brazil-south-africa-schengen-area-united-kingdom-and-ireland.html
4/26/20221: Latest announcements from US consulates in India. https://in.usembassy.gov/visas/. Mumbai, New Delhi, and Chennai, are closed temporarily. Others may follow. Due to surge of Covid cases in some countries, this may happen in other countries with little or no warnings. We continue to advise against non-essential foreign travel, especially if one needs to apply for a new visa to return to the U.S.
4/1/2021: Presidential Proclamation 10052 suspending visas processing for H1B, H2B and some J visas expired on 3/31/2021.
Visa applicants should still exercise caution in planning international travel and visa applications due to limited consulate operations and Covid related restrictions.
3/11/2021: USCIS to discontinue the use of I-944 Declaration of Self-Sufficiency.
The ill-conceived Form I-944 has finally been discontinued. While on the face of the it, the form seems to support the notion that each immigrant must be able to support himself or herself. However, this safeguard was already in the law, and applicants for permanent residence had to demonstrate sufficient means to remain in the US already. However, the I-944 was conceived and applied primarily against individuals with less resources – asylum seekers, families from south and central America, etc, adding one more hurdle for these migrants to seek new lives in the U.S.
3/3/2021: Department of State rescinds National Interests Exceptions for certain Travelers from the Schengen Area, United Kingdom, and Ireland.
National Interests Exceptions (NIE) is now much harder to obtain for holders of H1B visas, L1 visas, E2 visas, P1 visas, and their dependents. This means if they apply for a new visa, they may not get it. If they need a NIE to travel to the US, they may not get it, unless they meet the new standards.
People in these categories from the affected areas SHOULD NOT travel if they must apply for a new visa or new NIE at a US consulate.
2/25/2021 State Department’s Guidance Based on Rescission of Presidential Proclamation 10014
Presidential Proclamation 10014 has been revoked
Employment-based and family-based immigrants are no longer subject to the ban.
2/18/2021: Democrats unveil Biden’s immigration bill, including an eight-year path to citizenship
2/8/2021: USCIS provided updates on H-1B Lottery Registration 2021
USCIS has announced that the registration period will be from March 9 to March 25 for this year (vs. March 1 to March 20 last year). This means there is a shorter period of time to register this year. Also, the selection will remain “random” this year, and the new rules favoring positions with higher wages will not be used this year.
1/25/2021: Covid related travel restrictions will be in place for certain countries. (Schengen Area, UK, Ireland, Brazil, South Africa – China and Iran remain on the list)
1/18/2021: Termination of Presidential Proclamation to ban travel from the Schengen Area, U.K., Ireland, and Brazil.
1/15/2021: Starting on 1/26/2021, all international air passengers arriving in the U.S. require negative Covid-19 test results with in 3 days.
1/12/2021: USCIS to replace “sticker” to extend green cards
1/5/2021: USCIS to provide free interactive citizenship education webinar on January 7 and January 14, 2021 about the new citizenship test. Please see attached flyers.
1/1/2021: President Trump has extended the travel ban through 3/31/2021.
Expansion of Interview Waiver Eligibility to March 31 2021
10/11/2020: Members of these Organizations are Exempt from Presidential Proclamation 10052 on banning J-1, H-1B, H-2B, and L-1 Visa:
National Association of Manufacturers
Chamber of Commerce of the United States of America
National Retail Federation
See this press release from Department of State: https://travel.state.gov/content/travel/en/News/visas-news/court-order-regarding-presidential-proclamation-10052.html
9/30/2020: USCIS Fee increase has been blocked by a judge.
Excellent video for “National Interest Exception” from consulate officers from US Embassy in Switzerland. The same principles apply to other countries as well:
9/15/2020: Form I-9 Requirements Flexibility Extended for an additional 60 Days
8/31/2020: Department of State to resume K-1 fiancee visa processing
8/25/2020: Department of State Expands Interview Waiver Eligibility
Employer may accept approval notice for work permit for I-9 purposes, instead of actual work permit due to Covid related delay in work permit production
I-9 flexibility rule extended to September 19
ICE announcement: https://www.ice.gov/news/releases/ice-announces-another-extension-i-9-compliance-flexibility?utm_source=dlvr.it&utm_medium=twitter
Here is the original announcement back in March: https://www.ice.gov/news/releases/dhs-announces-flexibility-requirements-related-form-i-9-compliance
8/14/2020: Department of State provides additional guidance on exceptions under Presidential Proclamation for certain travel in the national interest by nonimmigrants in H-1B, H-2B, L1, and J1 categories:
FAQ related to Covid-19 from ICE for F and M students. Please see attached PDF file.
ICE FAQ for F and M students last updated 8-7-2020.pdf
U.S. Lifts Global Health Coronavirus Travel Advisory
Judge blocks administration from implementing ‘public charge’ rule for immigrants during pandemic
Amendment to “June 22, 2020” Proclamation.
President Trump issued a new proclamation today (June 22, 2020), which extends the effect of his “April 22, 2020” Proclamation, and adds additional classes of individuals who cannot enter the U.S. We will provide analysis of this Proclamation shortly. See this link for the “June 22, 2020” Proclamation: https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-aliens-present-risk-u-s-labor-market-following-coronavirus-outbreak/
Summary and Analysis of June 22, 2020 Presidential Proclamation
June 18, 2020: Supreme Court rules Trump administration illegally ended DACA:
USCIS offices are closed till at least April 1, 2020 to the public due to COVID-19. All interviews and biometric appointments are cancelled and will be rescheduled. https://www.uscis.gov/about-us/uscis-response-coronavirus-disease-2019-covid-19
Travel Ban countries due to COVID-19: https://www.ustraveldocs.com/cn/index.html?firstTime=No
COVID-10 White House and CDC website: https://www.coronavirus.gov/
April 25, 2020: Know Your Rights: Understanding Benefits You Can Receive During The COVID-19 Crisis
April 23, 2020: USCIS Offices Closure for In-Person Interviews and Biometric Appointments Extended to June 4: https://www.uscis.gov/about-us/uscis-response-covid-19
April 22, 2020: Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak: https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-immigrants-present-risk-u-s-labor-market-economic-recovery-following-covid-19-outbreak/
Jared Leung to provide immigration seminar to International Students at ASU via webinar on May 19, 2020
Jared Leung to be on panel on E-1 and E-2 visa at National Conference of AILA (American Immigration Lawyers Association) in San Diego on June 19, 2020. (Conference to be rescheduled in Fall 2020)
Jared Leung to be on panel to discuss employment immigration at “CLE By the Sea” for State Bar of Arizona on July 15, 2020 in San Diego.
Three most recent services as a mediator, judicial or quasi-judicial officer:
Three most recent pro bono seminars on university campuses for international students to discuss work authorization before & after graduation, F-1 compliance and travel Issues, and other work and “green card” options
Three most recent speaking engagements
Three most recent publications
Three Most Recent Services on a Committee or Board