House Passes DACA & TPS Bills - Immigration News for March 19, 2021

House Passes 2 Immigration Bills Yesterday that Could Establish a Pathway to Citizenship for Millions

This bill is for "Dreamers" that is recipients of Deferred Action for Childhood Arrivals (DACA), and individuals who have Temporary Protected Status ("TPS"). The legislation stands to make up to 4.4 million individuals eligible for permanent residence.

Now, it will go to the Senate where it will likely face a tough fight.

USCIS Will Revisit Some H-1B Applications Denied Under Trump Administration

Last Friday, U.S. Citizenship and Immigration Services (USCIS) said it would reconsider applications for H-1B work visas that were denied under Trump administration policies recently rescinded by the agency.

USCIS will revisit some decisions based on two memos that made it more difficult for staffing firms to obtain H1-Bs for workers assigned to third-party sites, and a 2017 memo that narrowed the types of “computer workers” eligible for visas.

Biden Administration Cancelled Public Charge Rule

As of March 9, 20121, the USCIS is no longer applying the August 2019 Public Charge Final Rule required by the previous administration. As a consequence, among other changes, USCIS will apply the public charge inadmissibility statute consistent with the 1999 Interim Field Guidance. In other words, USCIS is not considering an applicant’s receipt of Medicaid (except for long-term institutionalization at the government’s expense), public housing, or Supplemental Nutrition Assistance Program (SNAP) benefits as part of the public charge inadmissibility determination.

USCIS will issue additional guidance regarding the use of affected forms. In the interim, USCIS will not reject any Form I-485 based on the inclusion or exclusion of Form I-944, Declaration of Self-Sufficiency; and will not reject Form I-129, Form I-129CW, Form I-539, or Form I-539A based on whether the public benefits questions (Form I-129 (Part 6), Form I-129CW (Part 6), Form I-539 (Part 5), and Form I-539A (Part 3)) have been completed or left blank.

The Biden Administration has Deployed FEMA to the Mexican/American Border to Address the Surge of Migrants

The Department of Homeland Security said Saturday that the Biden administration is deploying the Federal Emergency Management Agency to the Mexican border to help care for thousands of unaccompanied migrant teens and children who are arriving in significant numbers and being transferred into detention cells and tent shelters.

The deployment marks another escalation in the administration’s response to the growing crisis at the border. This has been the largest surge in migration in more than 20 years. It is part of what DHS said would be a 90-day government-wide effort at the border, where an unprecedented number of minors are arriving without their parents each day and must be sheltered and cared for until they can be placed with a vetted sponsor, usually a parent or relative already living in the United States.

Border Closures Extended Through April 21

The U.S., Canada, and Mexico have agreed to extend their mutual border closures to non-essential travel by land or ferry through April 21, 2021, due to the ongoing threat of COVID-19. Air travel is not an issue.

If you believe a recent change applies to you, please contact my office. If you know someone who it applies to, please refer them to my office. Thank you.


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Peri Edelman, Immigration Attorney

Peri B. Edelman is an experienced attorney who practices Immigration Law in New York City. She provides immigration legal services, legal counsel on immigration matters, and legal support for court cases related to Immigration. A graduate of Brooklyn Law School, Peri B. Edelman is admitted to the New York and Connecticut Bars, U.S. Eastern District Court of New York, U.S. Southern District Court of New York, and United States Court of Appeals for the 2nd Circuit.

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Department of Labor Proposes Delaying Prevailing Wage Rule - Immigration News for March 26, 2021