H-1B Cap Initial Registration Period Opens in March & other Immigration News for February 12, 2021

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Peri B. Edelman | February 12, 2021

H-1B Cap Initial Registration Period Opens on March 9 for FY 2022

On February 5, 2021, U.S. Citizenship and Immigration Services (USCIS) announced the initial registration period for the fiscal year (FY) 2022 H-1B cap will open at 12:00p.m Eastern on March 9, 2021 and will run through 12:00 p.m. Eastern on March 25, 2021. Prospective petitioners (employers) and representatives will be able to fill out petitioner and beneficiary information and submit their registrations. A confirmation number will be assigned to each registration submitted for the FY 2022 H-1B cap. For more information of this procedure, please contact Peri B Edelman, Attorney at Law.

USCIS Taking Two Years to Process Many Applications For H-1B Spouses

U.S. Citizenship and Immigration Services (USCIS) takes two years to process applications for many spouses of H-1B visa holders. Prior to March 2019, the USCIS would typically adjudicate an H-4 dependent (spouse) petition and the H-4 employment authorization document (EAD) application at the same time as the corresponding H-1B petition. Premium processing of the H-1B petition would ensure adjudication within 15 days. However, the USCIS insistence on the biometrics has delayed the H-4 applications considerably. A new lawsuit argues that wait times for extensions for spouses of H-1B visas far exceed those of other applicants for extensions.

New Biden Administration Proposed Rules for ICE Point to Fewer Arrests and Potential Deportations, and a More Restrained Agency

U.S. Immigration and Customs Enforcement (ICE) is preparing to issue new guidelines to agents this week that would reduce arrests and deportations. The draft guidelines are awaiting approval by DHS Secretary Alejandro Mayorkas. It is reported that these convictions would not include drug-based crimes (less serious offenses), simple assault, DUI, money laundering, property crimes, fraud, tax crimes, solicitation, or charges without convictions. Instead, ICE agents will focus on national security threats, recent border crossers and individuals completing prison and jail terms for aggravated felony convictions.

Texas Federal Judge Blocks President Biden’s 100-day Deportation Pause for 2 More Weeks

Judge Drew Tipton issued a 14-day suspension of Biden’s moratorium on Jan. 26. The pause in deportations was part of Biden’s attempted day one overhaul of several of former President Donald Trump’s immigration policies. But Governor Paxton of Texas quickly filed a lawsuit in response to Biden’s moratorium, claiming the state would face financial harm if undocumented immigrants were released from custody, because of costs associated with health care and education.

Biden Administration stated Most Immigrants will Still be Turned Away at the Border

Despite activist hopes that President Joe Biden would change course from Trump, White House press secretary Jen Psaki on Wednesday told reporters that "the vast majority" of immigrants will continue to face expulsion at the border. The Biden administration has warned that it will take time to undo Trump’s immigration policies and has already ordered a direct review of such policies.

President Biden Terminates Trump Border Construction

Yesterday, President Biden has rescinded the emergency order issued by Trump to justify the construction of the border wall with Mexico. Biden determined that the declaration of a national emergency to construct the border wall was unwarranted.

This newsletter is a general information regarding recent changes in immigration law. Every matter is different. 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.

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.