President Biden Lets Trump’s Suspension of Certain Work Visas Including H-1B’s Expire

President Biden has let former President Trump’s Presidential Proclamation 10052, which temporarily suspended the entry of certain H-1B, H-2B, J (for certain categories within the Exchange Visitor Program), and L nonimmigrants, expire on March 31, 2021. In their announcement regarding the expiration of PP 10052, the Department of State (DOS) noted that “visa applicants who have not yet been interviewed or scheduled for an interview will have their applications prioritized and processed in accordance with existing Visa Services Operating Status Update guidance.”

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H-1B Initial Electronic Registration Selection Process Completed for FY 2022 Cap

On March 30, 2021, USCIS announced that they have received enough H-1B electronic registrations during the initial registration period to reach the fiscal year (FY) 2022 H-1B numerical allocations including for the advanced degree master’s cap exemption. The agency randomly selected from registrations properly submitted to reach the H-1B cap, and they have notified all prospective petitioners with selected registrations that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.

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USCIS Extends Flexibility for Responding to Agency Requests

In response to the ongoing coronavirus (COVID-19) pandemic, US Citizenship & Immigration Services (USCIS) is yet again extending the flexibilities it originally announced on March 30, 2020, to assist applicants, petitioners, and requestors who are responding to:

  • 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;

  • Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant;

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US Government Will Not Defend 2019 Public Charge Rule And Will No Longer Require Form I-944

On March 9, 2021, Alejandro N. Mayorkas, the Secretary of the Department of Homeland Security (DHS), announced that the US government consistent with Executive Order 14012 will no longer defend the 2019 Public Charge Final Rule since “doing so is neither in the public interest nor an efficient use of limited government resources.” In a press release, Secretary Mayorkas said: “The 2019 public charge rule was not in keeping with our nation’s values. It penalized those who access health benefits and other government services available to them. He added: “Consistent with the President’s vision, we will continue to implement reforms that improve our legal immigration system.”

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President Biden Signs Executive Order That Revokes Trump’s “Buy American and Hire American” Order

On January 25, 2021, President Biden issued an executive order titled “Ensuring the Future Is Made in All of America by All of America’s Workers” that requires when possible the US government to “procure goods, products, materials, and services from sources that will help American businesses compete in strategic industries and help America’s workers thrive.” Additionally, President Biden’s order revokes former President Trump’s April 18, 2017 “Buy American and Hire American” (BAHA) executive order that required various governmental agencies to propose new rules and guidance in regards to the US immigration system that would “protect the interests” of American workers.

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President Biden Issues Proclamation Revoking Trump's Ban for Immigrants Outside the US 

On February 24, 2021, President Joseph Biden signed a proclamation revoking former President Trump’s suspension of the issuance of immigrant visas (Green Cards) to those outside the United States, which Trump put forth at the time to purportedly assist with the economic recovery for American workers affected by the coronavirus (COVID-19) pandemic. Specifically, President Biden’s proclamation revokes the suspension of entry imposed in Proclamation 10014 (April 22, 2020), as extended by section 1 of Proclamation 10052 (June 22, 2020), and section 1 of Proclamation 10131 (December 31, 2020).

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USCIS Expands Premium Processing Service to E-3 Petitioners Effective February 24, 2021

This week US Citizenship & Immigration Services (USCIS) expanded the fifteen-day premium processing service to E-3 petitioners. Effective February 24, 2021, petitioners filing Form I-129, Petition for a Nonimmigrant Worker, who are requesting a change or extension of status to E-3 classification, will have the option to request premium processing service for their petition. The E-3 visa category is reserved for Australian nationals seeking to work in the US in a professional job.

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USCIS Will Revert Back to the 2008 Version of the Naturalization Civics Test Effective March 1, 2021

On February 22, 2021, US Citizenship & Immigration Services (USCIS) announced plans to revert to the 2008 Version of the naturalization civics test effective March 1, 2021, after the Trump administration, in late 2020, implemented a new version of the test for naturalization applications filed on or after December 1, 2020. Those who file for naturalization after March 1, 2021 will be given the 2008 test to which the Biden Administration is reverting. However, those who filed or will file between December 1, 2020 and March 1, 2021 will be given the option of taking either the 2020 Trump era version or 2008 version of the test.

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BuzzFeed News: "'Illegal Alien' Will No Longer Be Used In Many US Government Communications"

For many years the American government has used such terms as “alien” and “illegal alien” when referring to non-US citizens—terms that many immigration advocates have denounced as “dehumanizing” and offensive. Now, under direction from the Biden administration, Tracy Renaud, the senior official performing the duties of the director of US Citizenship & Immigration Services (USCIS), has issued a memo for the agency to no longer refer to foreign nationals as “illegal alien,” “alien,” or “undocumented alien” in internal and external communications, but rather to use the terms “noncitizen,” “undocumented noncitizen,” or “undocumented individual.” Additionally, USCIS will no longer use “assimilation,” but instead use the term “integration,” and also will refer to those who apply for immigration benefits as “customers.”

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