Executive Orders and R...

Executive Order on AI: Attracting Global Talent to the United States

In a move to strengthen the United States’ position in the global artificial intelligence (AI) landscape, on October 30, 2023, the Biden Administration issued an Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (AI), which sets forth a comprehensive strategy to attract and retain top AI talent from around the world. These initiatives aim to streamline immigration pathways and ensure that the U.S. remains a hub for innovation and technological advancement.

The Executive Order recognizes the importance of attracting and retaining foreign talent in critical and emerging technologies, such as AI. To achieve this goal, the order outlines several key directives to the Department of State (DOS) and the Department of Homeland Security (DHS) related to immigration, including:

  1. Streamlined Visa Processing: DOS and DHS are tasked with taking appropriate steps to streamline visa processing times for noncitizens seeking to work, study, or conduct research in AI or other critical and emerging technologies. This includes ensuring timely availability of visa appointments and facilitating continued availability for applicants with expertise in these fields.

  2. J-1 Skills List Revision:  DOS is required to consider initiating rulemaking to revise the DOS’s Exchange Visitor Skills List. This would impact the two-year foreign residence requirement.

  3. Stateside Visa Renewal Program:  DOS is required to consider implementing a domestic visa renewal program to enable qualified applicants, including highly skilled AI talent, to continue their work in the United States without unnecessary interruption. The program may also be expanded to include academic J-1 research scholars and F-1 students in STEM fields. (Note that a stateside renewal pilot program is already expected to launch in early 2024.)

  4. Policy Changes for Extraordinary Ability Applicants and Entrepreneurs:  DHS is directed to review and initiate necessary policy changes to modernize immigration pathways for AI experts. This includes reviewing categories such as O-1A and EB-1 extraordinary ability applicants, EB-2 advanced-degree holders, and startup founders in AI and other critical technologies who may benefit from the International Entrepreneur Rule which has largely been unused.  (The modernization of the H-1B program is also mentioned. See our post on the proposed H-1B rules for more information.)

  5. Revision to Schedule A List of Occupations:  The Department of Labor is instructed to publish a request for information (RFI) to solicit public input, including from industry and worker-advocate communities. The goal is to identify AI and STEM-related occupations for which there is an insufficient number of qualified U.S. workers, the designation of which which may streamline some permanent residency applications.

Note that many of these proposals would require rulemaking.  Jewell Stewart & Pratt will watch developments related to these directives closely, including the publishing of policy updates or proposed rules, and post updates here as they occur.

 © Jewell Stewart & Pratt PC 2023

Negative COVID Test Required for all Travelers from China

March 15, 2023 update: CDC posted a notice in the Federal Register effective March 10, 2023, rescinding pre-flight testing requirement for persons traveling from China.

Original post:

Starting at 12:01 AM ET on January 5, all passengers originating from China, Hong Kong, and Macau will be required to provide a negative COVID test or documentation of recovery to board a flight to the United States. The requirement applies to all travelers regardless of nationality or vaccination status.

According to the CDC alert:

“[A]ll air passengers two years and older originating from the PRC will be required to get a test (such as a PCR test or an antigen self-test administered and monitored by a telehealth service or a licensed provider and authorized by the Food and Drug Administration or the relevant national authority) no more than 2 days before their departure from the PRC, Hong Kong, or Macau, and show a negative test result to the airline upon departure.

  • The requirement applies to these air passengers regardless of nationality and vaccination status.

  • This will also apply to persons traveling from the PRC via third country transit and to passengers connecting through the United States onward to further destinations.

  • Along with applying this requirement to direct flights from the PRC, passengers transiting Incheon International Airport, Toronto Pearson International Airport, and Vancouver International Airport on their way to the United States will be required to provide a negative COVID-19 test if they have been in the PRC in the last 10 days no more than 2 days before their departure to the United States. These three transit hubs cover the overwhelming majority of passengers with travel originating in the PRC and the Special Administrative Regions. We will continue to monitor travel patterns, adjust our approach as needed, and keep Americans informed in a timely manner.

  • Passengers who tested positive more than 10 days before the flight can provide documentation of recovery from COVID-19 in lieu of a negative test result.

  • Airlines must confirm the negative COVID-19 test result or documentation of recovery for all passengers before they board or deny boarding to the passenger.”

The U.S. Embassy in Beijing also provides further information regarding entry/exit requirements and testing/vaccine availability on its website. Not that the CDC’s order regarding proof of vaccination is still in effect. For additional information, the CDC’s COVID travel page is available here and includes a Travel Assessment Tool. Persons traveling in or visiting China should also be aware that many of the Embassy/Consular locations are not providing regular visa services due to COVID’s operational impacts.

© Jewell Stewart & Pratt PC 2023

CDC Eliminates COVID-19 Testing Requirement for Air Arrivals

 On Sunday, June 12, CDC rescinded the COVID-19 testing order for U.S. air arrivals. Note that the vaccine requirements for non-USCs/LPRs are still in place as follows:

 

Finally, a reminder that documented recovery or proof of antibodies cannot replace the vaccine requirement. Boosters are not currently required to meet the vaccine requirement. 

© Jewell Stewart & Pratt PC 2022

New Travel Ban Issued for Southern African Countries

12/28/2021 update:

On December 24, 2021, the Biden Administration stated that it would lift the Southern African travel ban at midnight on December 31, 2021.

Original post 11/29/2021:

On November 26, 2021, the Biden Administration issued a new geographic travel ban due to the emerging Omicron COVID-19 variant. The ban goes into effect today, November 29, 2021, and suspends entry for anyone present in the listed countries for the 14 days preceding entry. The countries include: Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, and Zimbabwe.  Many of the same exceptions apply as with previous bans, such as Lawful Permanent Residents, parents of minor U.S. citizens, and spouses of U.S citizens.  As of this writing, DHS has not announced implementation details except via an announcement to air carriers which instructs that previously granted National Interest Exception (NIE) waivers are void as to this ban, and that this ban does not affect the vaccine and testing requirements for U.S. entry that are currently in place. The Department of State has a short summary of the new ban here.

© Jewell Stewart & Pratt PC 2021

U.S. Travel Bans Now Lifted; Vaccine Requirements in Effect

Starting today, November 8, 2021, the COVID-related travel bans are now lifted and the new vaccine and testing requirements are in effect for air travel to the U.S. For all the details on these new requirements for U.S. citizens, Lawful Permanent Residents, and nonimmigrant visa holders, please refer to our previous post.

The U.S./Canada and Mexico land borders (including ferries) are now also open to non-essential travel. There is a vaccine requirement in effect, but no testing requirement for land border travel. There are exceptions for U.S. citizens, Lawful Permanent Residents, children under 18, and those traveling for “essential” reasons. Starting on January 21, 2022, vaccines will be required for foreign nationals regardless of the reason for land border travel. DHS provided a Fact Sheet and FAQs for further information.

© Jewell Stewart & Pratt PC 2021

Biden Administration Issues Proclamation Suspending Entry for Unvaccinated Nonimmigrants

12/03/2021 update:

On December 2, 2021, the CDC amended its order regarding testing requirements for all air passengers 2 years of age or older to require a negative test within 1 day of boarding a flight to the U.S. The new requirement goes into effect for flights departing to the U.S. from a foreign country at or after 12:01 AM EST (5:01a AM GMT) on December 6, 2021.

Original post, last updated 11/08/2021:

On October 25, 2021, the Biden Administration issued a Proclamation concerning the ongoing COVID-related travel bans. This executive action, A Proclamation on Advancing the Safe Resumption of Global Travel During the COVID-⁠19 Pandemic, revokes the geographic-related COVID bans issued in 2020-2021 in response to the COVID-19 pandemic. It also creates a new global travel ban for unvaccinated nonimmigrant travelers, with certain exceptions. The new travel ban applies only to unvaccinated air travelers to the United States and does not affect visa issuance.

Frequently Asked Questions:

When will the geographic travel bans be lifted? The bans will be lifted and the new vaccine requirement will take effect for flights to the U.S. departing on/after November 8, 2021 at 12:01 AM ET.

Which vaccines will qualify? FDA Authorized/Approved and WHO Approved vaccines will qualify, specifically: Moderna, Johnson & Johnson, Pfizer-BioNTech, Oxford-AstraZeneca/Covishield, Sinopharm, and Sinovac. (Sputnik V will not qualify.) Mix-and-match vaccines will be accepted. The CDC considers someone as fully-vaccinated 14 days following the second of a two-dose series or 14 days after a single-dose. See the CDC website for further details.

Will a negative COVID test still be required? Yes. A negative test must be taken within 3 days of the flight for fully-vaccinated individuals. Children under two-years old and persons with documentation of recovery from COVID in the last 90 days do not need to test.

How will vaccine status be verified? Airlines will verify vaccine status as part of the boarding process. For acceptable forms of proof, refer to the CDC website.

Will there be any exceptions to the vaccine requirement? The limited exceptions include the following:

  • Persons on diplomatic or official foreign government travel

  • Children under 18 years of age

  • Persons with documented medical contraindications to receiving a COVID-19 vaccine

  • Participants in certain COVID-19 vaccine trials

  • Persons issued a humanitarian or emergency exception

  • Persons with valid visas [excluding B-1 (business) or B-2 (tourism) visas] who are citizens of a foreign country with limited COVID-19 vaccine availability

  • Members of the U.S. Armed Forces or their spouses or children (under 18 years of age)

  • Sea crew members traveling with a C-1 or D nonimmigrant visa

  • Persons whose entry would be in the national interest, as determined by the Secretary of State, Secretary of Transportation, or Secretary of Homeland Security (or their designees)

How will vaccine exceptions be administered? Airlines will be primarily responsible for verifying that an exception is met. For the humanitarian, emergency, or national interest exceptions, a paper or digital letter confirming approval may be issued by a U.S. Embassy or Consulate. See the CDC technical instructions for further details.

What are the requirements to travel to the U.S. for unvaccinated persons who meet one of the above exceptions?

Per the CDC website:

If you travel by air to the United States under one of these exceptions, you will be required to attest that you are excepted from the requirement to present Proof of Being Fully Vaccinated Against COVID-19 based on one of the exceptions listed above.

You must also have a negative COVID-19 test result taken no more than 1 day before travel.

Based on the category of the exception, you may have further requirements, such as attesting to the following:

  1. You will be tested with a COVID-19 viral test 3–5 days after arrival in the United States, unless you have documentation of having recovered from COVID-19 in the past 90 days;

  2. You will self-quarantine for a full 7 days, even if the test result to the post-arrival viral test is negative, unless you have documentation of having recovered from COVID-19 in the past 90 days; and

  3. You will self-isolate if the result of the post-arrival test is positive or if you develop COVID-19 symptoms.

Based on the category of the exception, if you intend to stay in the United States for longer than 60 days you may additionally be required to attest that:

  • You agree to be vaccinated against COVID-19; and

  • You have arranged to become fully vaccinated against COVID-19 within 60 days of arriving in the United States, or as soon thereafter as is medically appropriate, unless (for children) you are too young to be vaccinated.

What does this mean for existing visa holders or ESTA travelers? On/after November 8, 2021 at 12:01 AM ET, existing visas and/or approved ESTAs for fully-vaccinated individuals may be used for travel without need of a National Interest Exception.

What does this mean for my upcoming visa appointment? We are awaiting guidance from the Department of State (“DOS”) on the full resumption of consular services and availability of visa appointments following months of COVID-related closures. An October 25, 2021 update to the DOS website states" “[p]lease note that the rescission of these [Proclamations] does not necessarily mean that your local U.S. embassy or consulate is able to immediately schedule all affected applicants for visa interviews.” However, “[DOS] can process visa applications for individuals physically present in the [previously banned] countries.”

Are there any travel requirements for U.S. citizens, Lawful Permanent Residents, or immigrant visa holders returning to the United States? Yes. U.S. citizens, Lawful Permanent Residents, and immigrant visa holders boarding a flight to the United States are required to show one of the following:

  • If you are fully vaccinated: Proof of vaccination and a negative COVID-19 test result taken no more than 3 days before travel.

  • If you are NOT fully vaccinated: A negative COVID-19 test result taken no more than 1 day before travel.

Children under 2 years old do not need to test. There are also accommodations for people who have documented recovery from COVID-19 in the past 90 days.

Are the Canada/Mexico land borders still closed? On October 12, DHS announced that the Canada/Mexico land borders will re-open for vaccinated travelers in November. A negative COVID test will not be required for land border travel. For updates on land border travel, please refer to this post.

Reminder: Changes are rapidly evolving and may not be immediately posted here.

© Jewell Stewart & Pratt PC 2021

U.S. Immigration & Travel Updates - September 2021

Last updated: 09/22/2021

Disclaimer: Any foreign national considering international travel should have an attorney review the particular circumstances of their case as there are currently several “bans” in effect.

On September 20, 2021, the White House announced that it would lift the COVID travel bans sometime in November for fully-vaccinated travelers. We do not yet know what date it will be lifted, nor do we know how soon U.S. Embassies/Consulates will resume normal visa processing given COVID-19 safety restrictions.

Following is a list of recent updates:

  • COVID Travel Bans for Europe, China, Iran, Brazil, South Africa, India:

    • The geographic COVID bans for Europe (Schengen/U.K./Ireland), China, Iran, Brazil, South Africa, and India are still in place and will be lifted sometime in November. See our FAQ post for regular updates.

    • On March 2, April 27, and April 30, 2021, the Department of State announced changes to the “National Interest Exception” standard, which allows for a waiver of the COVID ban if the applicant is “seeking to provide vital support for critical infrastructure.” On May 27, the NIE criteria was again updated to now include executive direction for critical infrastructure, or vital support or executive direction for significant economic activity.

    • Additional NIE criteria for certain Immigrant, K-1 Fiancé(e), exchange visitor, pilots and air crew visa applicants were added on April 8, 2021.

    • Lawful Permanent Residents, certain relatives of U.S. citizens, and F-1/M-1 students continue to remain excepted from the ban, and NIEs also remain available for humanitarian travel, public health response, and national security.

    • As of July 6, 2021, DOS-issued NIEs are now valid for 1 year from date of issuance, and for multiple entries.

  • Ongoing Worldwide Consular Closures: It is not yet known when normal visa processing will resume at U.S. Embassies/Consulates worldwide; the State Department has stated that it will be on a post-by-post basis and many are still only offering “emergency” appointment availability. The State Department announced tiers of prioritization for immigrant visas (consular processed permanent residency applications, K-1 fiancé(e)s, diversity visa lottery, etc.) on April 30, 2021. Further, the State Department announced on September 14, 2021 that interviews may be waived for academic visa renewals (F, M, J).

  • Canada/Mexico Land Border: The U.S. and Canadian/Mexican land borders remain closed except for essential travel until at least October 21, 2021.

  • U.S. Citizens with expired passports: The Department of State issued guidance on return travel on recently expired U.S. passports.

  • CDC Testing Requirement for Air Arrivals: In a CDC order dated January 26, 2021, airlines are required to deny boarding to the U.S. to anyone who cannot produce negative test results within 3 days of the planned flight. The testing requirement applies to all entries, including U.S. citizens and Lawful Permanent Residents or persons who are vaccinated.

  • COVID Vaccine Required for Medical Exams: On August 24, 2021, CDC Technical Instructions to Civil Surgeons were updated to require a COVID-19 vaccine on immigration medical exams that are required for both Adjustment of Status or Immigrant Visa (i.e., “green card”) applications. The requirement goes into effect on October 1, 2021, and applies to adults and children over age 12, with certain exceptions for medically contraindicated, not routinely available, etc. Lab confirmation of immunity or tests may not be used as an alternative to vaccination. Persons who do not comply and are not eligible for a limited exception will be deemed medically inadmissible.

  • DHS I-9 Flexibilities: Certain I-9 flexibilities initially announced in March 2020 have been extended to December 31, 2021.

Reminder: Changes are rapidly evolving and may not be immediately posted here.

© Jewell Stewart & Pratt PC 2021

U.S. Immigration & Travel Updates - August 2021

Last updated: 08/24/2021

Disclaimer: Any foreign national considering international travel should have an attorney review the particular circumstances of their case as there are currently several “bans” in effect.

It is not yet known for how long the Biden Administration intends to keep the many COVID-19 geographic travel restrictions in place or how soon U.S. Embassies/Consulates will resume normal visa processing given COVID-19 safety restrictions.

Following is a list of recent updates:

  • COVID Travel Bans for Europe, China, Iran, Brazil, South Africa, India:

    • The geographic COVID bans for Europe (Schengen/U.K./Ireland), China, Iran, Brazil, South Africa, and India are still in place and will be reviewed at the end of each month.

    • On March 2, April 27, and April 30, 2021, the Department of State announced changes to the “National Interest Exception” standard, which allows for a waiver of the COVID ban if the applicant is “seeking to provide vital support for critical infrastructure.” On May 27, the NIE criteria was again updated to now include executive direction for critical infrastructure, or vital support or executive direction for significant economic activity.

    • Additional NIE criteria for certain Immigrant, K-1 Fiancé(e), exchange visitor, pilots and air crew visa applicants were added on April 8, 2021.

    • Lawful Permanent Residents, certain relatives of U.S. citizens, and F-1/M-1 students continue to remain excepted from the ban, and NIEs also remain available for humanitarian travel, public health response, and national security.

    • As of July 6, 2021, DOS-issued NIEs are now valid for 1 year from date of issuance, and for multiple entries.

  • Ongoing Worldwide Consular Closures: It is not yet known when normal visa processing will resume at U.S. Embassies/Consulates worldwide; the State Department has stated that it will be on a post-by-post basis and many are still only offering “emergency” appointment availability. The State Department announced tiers of prioritization for immigrant visas (consular processed permanent residency applications, K-1 fiancé(e)s, diversity visa lottery, etc.) on April 30, 2021.

  • Canada/Mexico Land Border: The U.S. and Canadian/Mexican land borders remain closed except for essential travel until at least September 21, 2021.

  • U.S. Citizens with expired passports: The Department of State issued guidance on return travel on recently expired U.S. passports.

  • CDC Testing Requirement for Air Arrivals: In a CDC order dated January 26, 2021, airlines are required to deny boarding to the U.S. to anyone who cannot produce negative test results within 3 days of the planned flight. The testing requirement applies to all entries, including U.S. citizens and Lawful Permanent Residents or persons who are vaccinated.

  • COVID Vaccine Required for Medical Exams: On August 24, 2021, CDC Technical Instructions to Civil Surgeons were updated to require a COVID-19 vaccine on immigration medical exams that are required for both Adjustment of Status or Immigrant Visa (i.e., “green card”) applications. The requirement goes into effect on October 1, 2021, and applies to adults and children over age 12, with certain exceptions for medically contraindicated, not routinely available, etc. Lab confirmation of immunity or tests may not be used as an alternative to vaccination. Persons who do not comply and are not eligible for a limited exception will be deemed medically inadmissible.

Reminder: Changes are rapidly evolving and may not be immediately posted here.

© Jewell Stewart & Pratt PC 2021

U.S. Immigration & Travel Updates - July 2021

Last updated: 07/06/2021

Disclaimer: Any foreign national considering international travel should have an attorney review the particular circumstances of their case as there are currently several “bans” in effect.

It is not yet known for how long the Biden Administration intends to keep the many COVID-19 geographic travel restrictions in place or how soon U.S. Embassies/Consulates will resume normal visa processing given COVID-19 safety restrictions.

Following is a list of recent updates:

  • COVID Travel Bans for Europe, China, Iran, Brazil, South Africa, India:

    • The geographic COVID bans for Europe (Schengen/U.K./Ireland), China, Iran, Brazil, South Africa, and India are still in place and will be reviewed at the end of each month.

    • On March 2, April 27, and April 30, 2021, the Department of State announced changes to the “National Interest Exception” standard, which allows for a waiver of the COVID ban if the applicant is “seeking to provide vital support for critical infrastructure.” On May 27, the NIE criteria was again updated to now include executive direction for critical infrastructure, or vital support or executive direction for significant economic activity.

    • Additional NIE criteria for certain Immigrant, K-1 Fiancé(e), exchange visitor, pilots and air crew visa applicants were added on April 8, 2021.

    • Lawful Permanent Residents, certain relatives of U.S. citizens, and F-1/M-1 students continue to remain excepted from the ban, and NIEs also remain available for humanitarian travel, public health response, and national security.

    • As of July 6, 2021, NIEs are now valid for 1 year from date of issuance, and for multiple entries.

  • Ongoing Worldwide Consular Closures: It is not yet known when normal visa processing will resume at U.S. Embassies/Consulates worldwide; the State Department has stated that it will be on a post-by-post basis and many are still only offering “emergency” appointment availability. The State Department announced tiers of prioritization for immigrant visas (consular processed permanent residency applications, K-1 fiancé(e)s, diversity visa lottery, etc.) on April 30, 2021.

  • Canada/Mexico Land Border: The U.S. and Canadian/Mexican land borders remain closed except for essential travel until at least July 21, 2021.

  • U.S. Citizens with expired passports: The Department of State issued guidance on return travel on recently expired U.S. passports.

  • CDC Testing Requirement for Air Arrivals: In a CDC order dated January 26, 2021, airlines are required to deny boarding to the U.S. to anyone who cannot produce negative test results within 3 days of the planned flight. The testing requirement applies to all entries, including U.S. citizens and Lawful Permanent Residents or persons who are vaccinated.

  • USCIS Updates:

    • AOS EAD Policy: On June 9, 2021, USCIS announced that initial and renewal EAD (work permit) applications for Adjustment of Status applicants would be valid for two years instead of one.

    • Request for Evidence Policy or “RFE” Memo: On June 9, 2021, USCIS updated its policy for issuing Requests for Evidence (“RFEs”) to revert back to 2013 guidance.

    • Expedite Criteria: On June 9, 2021, USCIS updated its expedite criteria.

    • Entrepreneur Parole: On May 10, 2021, USCIS announced the continuation of the International Entrepreneur Parole Program. For background on the program including process and requirements, please refer to our 2018 post.

    • Biometrics for I-539s: On May 5, 2021, it was reported that USCIS will waive biometrics for some existing and new I-539 applications for H-4 and L-2 dependents. On May 13, USCIS confirmed that biometrics will be suspended, and no biometrics fee will be required, for filings received on / after May 17 for H-4, L-2, E-1, E-2, and E-3 I-539 dependent filings.

    • “Deference Memo”: On April 27, USCIS announced that it was restoring the previously rescinded guidance requiring deference to prior adjudications.

Reminder: Changes are rapidly evolving and may not be immediately posted here.

© Jewell Stewart & Pratt PC 2021

U.S. Immigration & Travel Updates - June 2021

Last updated: 06/24/2021

Disclaimer: Any foreign national considering international travel should have an attorney review the particular circumstances of their case as there are currently several “bans” in effect.

It is not yet known for how long the Biden Administration intends to keep the many COVID-19 geographic travel restrictions in place or how soon U.S. Embassies/Consulates will resume normal visa processing given COVID-19 safety restrictions.

Following is a list of recent updates:

  • COVID Travel Bans for Europe, China, Iran, Brazil, South Africa, India:

    • The geographic COVID bans for Europe, China, Iran, Brazil, South Africa, and India are still in place and will be reviewed at the end of each month.

    • On March 2, April 27, and April 30, 2021, the Department of State announced changes to the “National Interest Exception” standard, which allows for a waiver of the COVID ban if the applicant is “seeking to provide vital support for critical infrastructure.” On May 27, the NIE criteria was again updated to now include executive direction for critical infrastructure, or vital support or executive direction for significant economic activity.

    • Additional NIE criteria for certain Immigrant, K-1 Fiancé(e), exchange visitor, pilots and air crew visa applicants were added on April 8, 2021.

    • Lawful Permanent Residents, certain relatives of U.S. citizens, and F-1/M-1 students continue to remain excepted from the ban, and NIEs also remain available for humanitarian travel, public health response, and national security.

  • Ongoing Worldwide Consular Closures: It is not yet known when normal visa processing will resume at U.S. Embassies/Consulates worldwide; the State Department has stated that it will be on a post-by-post basis and many are still only offering “emergency” appointment availability. The State Department announced tiers of prioritization for immigrant visas (consular processed permanent residency applications, K-1 fiancé(e)s, diversity visa lottery, etc.) on April 30, 2021.

  • Canada/Mexico Land Border: The U.S. and Canadian/Mexican land borders remain closed except for essential travel until at least July 21, 2021.

  • U.S. Citizens with expired passports: The Department of State issued guidance on return travel on recently expired U.S. passports.

  • CDC Testing Requirement for Air Arrivals: In a CDC order dated January 26, 2021, airlines are required to deny boarding to the U.S. to anyone who cannot produce negative test results within 3 days of the planned flight. The testing requirement applies to all entries, including U.S. citizens and Lawful Permanent Residents or persons who are vaccinated.

  • USCIS Updates:

    • AOS EAD Policy: On June 9, 2021, USCIS announced that initial and renewal EAD (work permit) applications for Adjustment of Status applicants would be valid for two years instead of one.

    • Request for Evidence Policy or “RFE” Memo: On June 9, 2021, USCIS updated its policy for issuing Requests for Evidence (“RFEs”) to revert back to 2013 guidance.

    • Expedite Criteria: On June 9, 2021, USCIS updated its expedite criteria.

    • Entrepreneur Parole: On May 10, 2021, USCIS announced the continuation of the International Entrepreneur Parole Program. For background on the program including process and requirements, please refer to our 2018 post.

    • Biometrics for I-539s: On May 5, 2021, it was reported that USCIS will waive biometrics for some existing and new I-539 applications for H-4 and L-2 dependents. On May 13, USCIS confirmed that biometrics will be suspended, and no biometrics fee will be required, for filings received on / after May 17 for H-4, L-2, E-1, E-2, and E-3 I-539 dependent filings.

    • “Deference Memo”: On April 27, USCIS announced that it was restoring the previously rescinded guidance requiring deference to prior adjudications.

Reminder: Changes are rapidly evolving and may not be immediately posted here.

© Jewell Stewart & Pratt PC 2021