Immigration News Update — Late-September 2021 (Newsletter)

Kuck Baxter Immigration Immigration News, News & Videos

Former INS Deportation Attorney Rejects Democrats’ Immigration Proposals

The Senate Parliamentarian issued a “ruling” that the immigration legalization provisions should not be included in the budget reconciliation because the “tremendous and enduring policy change dwarfs its budgetary impact”. Democratic Party Senators are ensuring that they have not given up and have additional proposals to present to the Parliamentarian in the coming days. Some proponents of the immigration package feel the unfavorable decision was expected as the Parliamentarian represented the government as an INS deportation attorney before obtaining her current position. In the same vein, others are calling for the immediate replacement of the Parlimentarian who is not an elected official.
Throughout the week, we will be watching to see what Democrats are able to do on this front – Will immigration reform survive or be delayed yet again? Stay tuned! Make sure to follow us on Social Media for all late-breaking updates.
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


Senate Parliamentarian Rejects Inclusion of Immigration Language in $3.5 Trillion Bill – In a blow to Democrats, President Biden, and immigration advocates, the Senate parliamentarian ruled that immigration language cannot be included in the $3.5 trillion filibuster-proof budget reconciliation bill.
District Court Vacates H-1B Lottery Wage-Based Final Rule – The rule would have prioritized H-1B visa selection based on wages.
State Dept. Announces Tiered Triage of Immigrant Visa Applications at U.S. Embassies and Consulates – U.S. embassies and consulates are using a tiered approach to triage immigrant visa applications based on the category of immigrant visa as they resume and expand processing.
State Dept. Expands Categories of International Students That Can Be Adjudicated Without In-Person Interviews – The Department authorized consular officers through the end of 2021 to expand the categories of F, M, and “academic J visa applicants” (students, professors, research scholars, short-term scholars, and specialists) whose applications can be adjudicated without an in-person interview in their consular district of residence, with certain exceptions.
Visa Bulletin for October Includes Outlook for Next Several Months – The Department of State’s Visa Bulletin for October 2021 includes information on potential movement in visa availability for the next several months.
Diversity Visa 2021 Update: State Dept Ordered to “Expeditiously Process” DV-2021 Applications by Sept. 30 – A U.S. district court preliminarily enjoined the Department from applying November 2020 prioritization policy guidance to DV-2021 applicants and ordered the Department to undertake good-faith efforts to expeditiously process DV applications (including derivative beneficiaries) by September 30, 2021.
COVID-19 Vaccination Required for Immigration Medical Exams – Effective October 1, 2021, applicants subject to the immigration medical examination must be fully vaccinated against COVID-19 before the civil surgeon can complete the exam.
USCIS Expands Credit Card Payment Pilot Program to Texas Service Center – The Texas Service Center is now accepting credit card payments using Form G-1450, Authorization for Credit Card Transactions, for petitioners filing Form I-140, Immigrant Petition for Alien Workers, with Form I-907, Request for Premium Processing Service, or when filing Form I-907 to upgrade a pending Form I-140 to premium processing.
FY 2022 H-2B Cap Count Updated – The agency received 26,123 petitions toward the 33,000 cap for the first half of FY 2022, with 21,096 approved and 5,027 pending.
Haitians Stream to U.S.-Mexico Border; Administration Plans Flights Out– An estimated 8,000 Haitian migrants have converged in Texas at the border with Mexico, along with several thousand migrants from other countries. Biden administration officials told the media that many would be put on flights back to Haiti.
For details on these news briefs,click here!
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.
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.
Helpful Links:
Immigration Agency Information
Department of Homeland
Department of Labor:
Justice Department
Agency Twitter Accounts
  • ICE: @ICEgov
  • Study in the States: @StudyinStates
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
E-Verify webinar schedule. E-Verify has released its calendar of webinars at
NFor Details on these and other topics, click!
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:
USCIS Service Center processing times online:
Department of State Visa Bulletin:
Kuck Baxter Immigration — In The News
Charles Kuck was quoted by CNN in “Labor Shortages Expected to Continue as Employers Struggle With Visa Bureaucracy and Covid.” Mr. Kuck said, “Our immigration system is so outdated and so unresponsive to the needs of the 21st century, it’s literally doing economic damage to our country. I think employers are realizing, ‘I’m not going to get these people back.’ ” The article also discusses the H-2B visa, for which the fiscal year cap stands at 66,000, with 33,000 for workers starting employment October 1 to March 31, and 33,000 for those employed April 1 to September 30.
Charles Kuck was quoted by Bloomberg Law in “Their Papers Mired in Pandemic Backlog, Visa Seekers Go to Court.” Mr. Kuck said that delays abroad have prompted EB-5 immigrant investors to join a third class-action lawsuit that was filed last month.
Kuck Baxter Immigration LLC published its US legal guide for Corporate Immigration. It can be found at
mber/Firm 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.
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Kuck Baxter Immigration