Greenspoon Marder Immigration Alert: New Developments January 11, 2022

Jan 11, 2022

USCIS Published the Final Rule Withdrawing H-1B Wage Based Selection Rule

On December 21, 2021, U.S. Citizenship and Immigration Services (USCIS) published a final rule withdrawing the Modification of Registration Requirements for Petitioners Seeking to File Cap-Subject Base H-1B Petition final rule, also known as the H-1B Selection Final Rule, issued January 8, 2021. The H-1B Selection Final Rule planned to shift the H-1B cap selection process from the current random lottery selection to a wage-based selection procedure. Currently, the H-1B cap selection process will remain under the current random lottery selection for FY 2023.

USCIS Granted Extension to Respond to RFE and Other Filings until March 26, 2022

In its ongoing response to the COVID-19 pandemic, USCIS extended its 60-day deadline extension policy for responses to various agency requests dated between March 1, 2020 and March 26, 2022, inclusive. The accommodation will continue to be available to those responding to the following:

Requests for Evidence;
Continuations to Request Evidence (N-14);
Notices of Intent to Deny;
Notices of Intent to Revoke;
Notices of Intent to Rescind;
Notices of Intent to Terminate regional centers; and
Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

In addition, USCIS has extended the grace period to respond to Form I-290B, Notice of Appeal or Motion, and Form N-336, Request for Hearing on a Decision in Naturalization Proceedings, from 60 days to 90 days if the decisions were made between November 1, 2021 and March 26, 2022, inclusive.

USCIS Issued Guidance on Biometrics Appointment Notices for Electronically Filed Form I-539

On January 3, 2022, USCIS issued guidance stating that it will not mail paper biometrics appointment notices for Form I-539 filed online. The biometrics notice will appear in the applicant’s USCIS online account under “Documents” once the appointment is scheduled. The applicant is required to print the copy of the appointment notice to present at their appointment.

President Revoked Proclamation Suspending Entry of Certain People Who Pose a Risk of Transmitting Omicron Variant

On December 28, 2021, President Biden revoked Presidential Proclamation 10315, which had suspended entry of certain individuals physically present in countries where the Omicron variant of COVID-19 had been detected. Accordingly, the Department of State issued guidance rescinding the travel restrictions on Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, and Zimbabwe, which took effect on December 31, 2021, at 12:01 am (ET). Vaccine and pre-testing requirements as determined by the CDC remain in effect.

Please reach out to your Greenspoon Marder LLP Immigration & Naturalization Practice Group attorney for any questions or concerns. Click here to stay updated on our weekly alerts.

About Greenspoon Marder

Greenspoon Marder LLP is a full-service law firm with over 240 attorneys and more than 20 office locations across the United States. With operations from Miami to New York and from Denver to Los Angeles, our firm attracts some of the nation’s top talent in key markets and innovation hubs. Our core practice areas include Real Estate, Litigation, and Transactional Services, complemented by the capabilities of a full-service firm. Greenspoon Marder has upheld a spot on The American Lawyer’s Am Law 200 as one of the top law firms in the U.S. since 2015, and our goal is to provide exceptional client service by developing a thorough understanding of each client’s business needs and objectives in order to provide strategic, cost-effective solutions.

MEDIA CONTACT

Natalie Villanueva, Director of Marketing
954.333.4308 | [email protected]

This Greenspoon Marder LLP Client Alert is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.

Previous Next

News

Greenspoon Marder Immigration Alert: New Developments January 11, 2022

Share

News & Events

News & Events