The Department of State released new information for Afghan nationals seeking to leave Afghanistan: Afghan immigrant visa applicants, including Special Immigrant Visa (SIV) applicants, should continue monitoring official U.S. government websites, including...
OFLC Announces Enhancements to Foreign Labor Application Gateway
On August 17, 2021, the Department of Labor's Office of Foreign Labor Certification (OFLC) announced several enhancements to the Foreign Labor Application Gateway (FLAG) system: A new "Notification Center" within user accounts that provides access to OFLC decisions...
DHS Seeks Comments on Public Charge Rulemaking
The Department of Homeland Security (DHS) announced on August 20, 2021, that it is seeking data and information from the public that the agency intends to use to develop a public charge regulatory proposal. The purpose of public comment is "to ensure that the...
Settlement Agreement Reached in ‘No Blank Space Rejection Policy’ Case
U.S. Citizenship and Immigration Services (USCIS) announced on August 19, 2021, that it reached a settlement agreement in Vangala v. USCIS. The agreement allows certain individuals to receive updated receipt dates for resubmitted immigration benefit applications or...
Court Orders State Dept. to Adjudicate More Than 9,000 DV-2020 Visas
A federal court ordered the Department of State to adjudicate more than 9,000 DV-2020 cases that were not processed before the fiscal year deadline. The case concerned the Department's suspension of the processing and issuance of diversity visas for certain classes of...
USCIS Extends Flexibilities Through October for Certain OPT Applicants Filing Work Authorization Applications
Pursuant to a court order, U.S. Citizenship and Immigration Services (USCIS) extended flexibilities through October 31, 2021, for certain applicants filing Form I-765, Application for Employment Authorization, for optional practical training (OPT) and science,...
Cap Reached for Remaining H-2B Visas for Returning Workers for FY 2021
As of August 13, 2021, U.S. Citizenship and Immigration Services (USCIS) has received enough petitions for returning workers to reach the additional 22,000 H-2B visas made available under the fiscal year (FY) 2021 H-2B supplemental visa temporary final rule. USCIS...
What’s Next on DACA?
By Stephen Yale-Loehr* On July 16, 2021, Texas federal district Judge Andrew Hanen ruled that the Department of Homeland Security (DHS) violated the Administrative Procedure Act (APA) when it created the deferred action for childhood arrivals (DACA) program in 2012....
Upcoming USCIS Webinars on Temporary Protected Status
U.S. Citizenship and Immigration Services (USCIS) will hold a webinar on Temporary Protected Status (TPS) on Wednesday, August 25, 2021, from 2 to 3 pm ET. The agency will provide a general overview of TPS, including an explanation of eligibility requirements; online...
President Biden Appoints Tracey Jacobson to Lead Afghan Special Immigrant Evacuation Effort
President Joe Biden announced on August 14, 2021, that he has placed Ambassador Tracey Jacobson in charge of a "whole-of-government effort to process, transport, and relocate Afghan Special Immigrant Visa [SIV] applicants and other Afghan allies." He said the United...
