USCIS Experiencing Delays in Issuing Receipt Notices & other Immigration News for January 15, 2021
Peri B. Edelman | January 15, 2021
So far this week, one my clients received an approval of an H-1B non-immigrant petition, within a week of filing with the USCIS. Another client received an approval of Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal as he previously received a Removal (Deportation) order out of Texas. It is well known that it extremely difficult to receive a positive result in the state of Texas. He is now on the path to becoming a green card holder.
This week’s news:
USCIS is Experiencing 4-6 Week Delays in Issuing Receipt Notices
USCIS is experiencing delays in issuing receipt notices for some applications and petitions properly filed at a USCIS lockbox facility. There is a delay of 4-6 weeks in receiving a receipt notice after filing with a USCIS lockbox. The USCIS claims that delays may vary among form types and lockbox locations as some locations that have been severely impacted by COVID-19 must adhere to stricter local guidelines.
Supreme Court Will Consider TPS “Admission” Circuit Split
In Sanchez v. Wolf, 2021 WL 77237 (U.S. 2021), the Supreme Court will consider a circuit split over whether Temporary Protected Status (TPS) is an “admission” into the U.S. that authorizes foreign nationals (primarily those who entered the country unlawfully) to seek lawful permanent resident status based upon such admission.
USCIS Modification of H-1B Selection Process to Prioritize Wages
On January 7, 2021, U.S. Citizenship and Immigration Services (USCIS) announced a final rule that will modify the H-1B cap selection process, amend current lottery procedures, and prioritize wages that President Trump claims to protect the economic interest of U.S. workers and better ensure the most highly skilled foreign workers benefit from the temporary employment program. Cap-subject H-1B petitions will be prioritized to favor higher levels of offered wages within each occupation code and geographic area of employment. The changes apply to all regular or advanced-degree registrations (or petitions, if registration is suspended) submitted on or after March 9, 2021. Registrations or petitions properly submitted before that date will be subject to the regulations in place at the time of submission.
The Biden administration has said it plans to halt these “midnight regulations” pushed through by President Trump in the last days of his administration. The Biden administration could then issue its own rule, go through Congress to rescind the wage changes, or seek litigation.
Chad Wolf Resigns as Acting Department of Homeland Security (DHS) Secretary
Chad Wolf stated that his decision to resign was due to “recent events” and court rulings that have challenged the legality of his appointment by the Trump administration to run the department. Peter Gaynor, the administrator of the Federal Emergency Management Agency (FEMA), will take over as acting DHS secretary.
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.