Immigration through investment has been, for the last 30 years, an important component of our legal immigration system, creating tens of thousands of jobs and adding billions of dollars in investment to our economy. A large part of that “EB-5” program came to a screeching halt on June 30, 2021, when Congress failed to pass a timely extension of the program.
While we remain convinced that this program will be quickly reestablished, its temporary demise is a sign that our Congress remains monumentally dysfunctional, especially when it comes to immigration.
Read below for more on this and the other immigration news of the day.
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Here is the Immigration News You NEED to Know Now
UP-TO-DATE IMMIGRATION NEWS
EB-5 Program To Expire June 30 After Efforts Fail in Senate; Reauthorization Still Possible Later – Since the Senate has recessed until July, it appears that the EB-5 regional center program will expire. It remains to be seen whether Congress will reauthorize it later.
USCIS Allows Resubmission of Certain FY 2021 H-1B Petitions Rejected or Closed Due to Start Date – USCIS will accept resubmitted fiscal year 2021 H-1B cap-subject petitions that were rejected or administratively closed solely because the requested start date was after October 1, 2020.
Flexibilities Extended for Responding to Certain USCIS Requests – In response to the COVID-19 pandemic, USCIS is extending to September 30, 2021, previously announced flexibilities to assist applicants, petitioners, and requestors responding to certain requests.
Employers Encouraged to Consider Supplemental H-2B Allocation in Filling Positions – If by July 8, 2021, fewer than 6,000 beneficiaries are requested toward the visas initially set aside for Northern Triangle countries, USCIS will announce by July 23 that the unused visas will be made available to employers “regardless of the beneficiary’s country of nationality, subject to the returning worker requirement.”
Labor Dept. Announces H-2B Application Filing Timeline for 2021 Peak Filing Season – The three-day filing window to submit an H-2B Application for Temporary Employment Certification requesting a work start date of October 1, 2021, will open on July 3, 2021.
CBP Continues Temporary Travel Restrictions From Canada, Mexico Into United States Via Land POEs and Ferries – Temporary limits on nonessential travel of individuals from Canada or Mexico into the United States at land ports of entry along the border, including ferry service, will continue through July 21, 2021.
H-2B Employer Data Hub Launched – USCIS launched the hub to provide information to the public on employers or agents petitioning for H-2B workers.
Afghans To Be Evacuated Who Worked To Help United States, Biden Says– A group of affected Afghans will be brought to Guam or a third country to complete their application process before receiving Special Immigrant Visas.
New Publications and Items of Interest
New E-Verify feature. A new E-Verify feature, myUploads, allows employees to upload required documents in JPEG, PNG, or PDF formats to help resolve Tentative Nonconfirmations (TNCs). Employees can access their myE-Verify accounts by logging into their USCIS online accounts and uploading the requested documents. They can still use fax or mail to submit documents if they prefer. The employer should provide the Further Action Notice (FAN) to the affected employee, discuss the TNC privately with the employee, and allow the employee to decide whether he or she will contest the TNC. The FAN includes the steps for using myUploads to help resolve a DHS TNC. Once uploaded, the employee must call the number on the FAN to resolve the case.https://myeverify.uscis.gov/
New SAVE features. Systematic Alien Verification for Entitlements (SAVE) is enhancing its case search capabilities, including improved usability through a search bar and other features, and a more robust case search engine. SAVE will notify users by email at least three weeks before the go-live date for enhancements. https://save.uscis.gov/web/media/resourcesContents/SAVESearchCasesTipSheet.pdf
COVID-19 resources. The response of the U.S. immigration agencies to the coronavirus (COVID-19) pandemic is constantly evolving, making it difficult to report relevant, up-to-date information. The list of online resources below is intended to serve as a quick reference to the most current available agency information.
COVID-19 resources.The response of the U.S. immigration agencies to the coronavirus (COVID-19) pandemic is constantly evolving, making it difficult to report relevant, up-to-date information. The list of online resources below is intended to serve as a quick reference to the most current available agency information.
Immigration Agency Information
Department of Labor:
- Office of Foreign Labor Certification:
– COVID-19 FAQs:
Agency Twitter Accounts
· EOIR: @DOJ_EOIR
· ICE: @ICEgov
· Study in the States: @StudyinStates
· USCIS: @USCIS
Immigrant and employee rights webinars. The Department of Justice’s Immigrant and Employee Rights Section (IER), of the Civil Rights Division, is offering a number of free webinars for workers, employers, and advocates. For more information, see https://www.justice.gov/crt/webinars
Government Agency Links
Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, and the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:
Department of State Visa Bulletin:
Kuck Baxter Immigration — In The News
Kuck Baxter Immigration LLC has an office in Adel, Georgia, near the Irwin, Folkston, and Stewart Detention Centers, which hold more than 6,000 detained immigrants. The new office is managed by our Partner Elizabeth Matherne, the former Director for the Southern Poverty Law Center’s Irwin Detention Project.
We have changed the location of our podcast–The Immigration Hour
— to Stitcher. We are entering our 134h year of continuous broadcasts. Listen each week for our latest take on immigration and immigration law!