Jewell Stewart & Pratt PC

JSP Anti-Racism Statement In light of continued violence against Asian and Black communities in the United States, JSP once again re-commits itself to the work of anti-racism. The tragic murders in Atlanta and targeted attacks of Asian women and elders in San Francisco and elsewhere have made it clear that we must redouble our efforts to dismantle racism, systemic injustice, and bias in the United States, and to ensure that Asian and Black Americans are treated with respect, ...dignity, and equality. In solidarity, JSP

The April Visa Bulletin is now available, and shows EB-1 as current across all categories for Final Action Dates, and advancements for EB-2 and EB-2 India/China. USCIS has not yet stated whether it will accept filings under the Dates for Filing or the Final Action Dates chart. https://travel.state.gov//visa-bulletin-for-april-2021.html

Following yesterday's DHS statement that it will no longer defend the previous administration's Public Charge rule (i.e., the "wealth test"), USCIS updated its website to note that the Form I-944, Declaration of Self-Sufficiency, is no longer required for Adjustment of Status filings, and that any information included or required on forms related to the wealth test will be disregarded. https://www.jspvisa.com//2/1/20/bidenadminupdatesmarch2021

DHS announces that it will no longer defend the previous administration's Public Charge rule (i.e., the "wealth test") in ongoing litigation. Announcements to follow regarding the cessation of implementation of requirements for Forms I-944 and related. https://www.dhs.gov//dhs-statement-litigation-related-publ

USCIS announced certain flexibilities for F-1 students experiencing receipt delays or rejections on their OPT EAD applications, will RFE instead of rejecting for missing or deficient signatures. https://www.uscis.gov//uscis-extends-flexibilities-to-cert

Now posted on our blog - a running list of U.S. immigration and travel updates for March. We will update this list throughout the month. https://www.jspvisa.com//2/1/20/bidenadminupdatesmarch2021

President Biden Issues Proclamation Revoking Immigrant Visa Ban https://www.jspvisa.com//president-biden-issues-proclamati

USCIS’s Premium Processing Service (PPS) is now available for E-3 change of employer or extension filings! https://www.uscis.gov//uscis-expands-premium-processing-se

The March Visa Bulletin is now available and shows a big jump forward in Final Action Dates to Aug. 2020 for EB-1 India & China; USCIS has not yet indicated if it will accept the Dates for Filing or Final Action Dates for new filings. https://travel.state.gov//visa-bulletin-for-march-2021.html

JSP firm news - Wendy Stewart transitions to Of Counsel https://www.jspvisa.com//wendy-stewart-transitions-to-of-c

H-1B "cap" for 2021 (FY 2022) will be a Random Lottery, as in Prior Years https://www.jspvisa.com//h-1b-cap-for-2021-fy-2022-will-be

More Executive Actions from the Biden Administration are posted on our blog: the H-4 EAD rescission rule has been withdrawn, and the Buy American and Hire American ("BAHA") EO has been revoked. More news to come next week. https://www.jspvisa.com//2021/1/20/bidenadminupdatesjan2021

New CDC testing requirement for all U.S. air arrivals goes into effect today, January 26, 2021. https://www.state.gov/negative-covid-19-test-required-for-/

The January 2021 Visa Bulletin is now available and USCIS will accept employment-based filings under the the Final Action Dates chart. https://travel.state.gov//visa-bulletin-for-january-2021.h

U.S. Immigration & Travel Restrictions - December 2020 Updates https://www.jspvisa.com//covid-19-related-us-travel-restri

The December 2020 Visa Bulletin is now available, and USCIS is accepting the Dates for Filing Charts once again. https://travel.state.gov//visa-bulletin-for-december-2020.

JSP Statement on the 2020 U.S. Presidential Election Dear Clients & Friends, JSP welcomes the election of President-Elect Biden and Vice President-Elect Harris, and looks forward to the Biden-Harris Administration’s resolution of many damaging policies left behind by the current administration. With more than 900 changes to regulation and policy made in the past four years, this is no small feat for a new administration already tasked with enormous challenges. ... As we posted four years ago, we are a nation built by immigrants and strengthened by each new generation. Our firm strongly believes that our shared prosperity relies on welcoming the innovation and creativity of immigrants from all over the world, from all walks of life, and from all faiths and cultural traditions. We will continue to work tirelessly to help our clients achieve their dreams. As always, we are following legal developments and will carefully consider strategies and implications for our clients’ cases as information becomes available during this transitional period and beyond. Our dedicated staff of attorneys and paralegals will continue to use every resource and tool at our disposal to further our work that promotes justice and a fair and reasonable immigration law and policy. Onward! https://www.jspvisa.com//jsp-statement-on-the-2020-us-pres

Update on the Visa Ban: Two weeks ago there was a court decision lifting the ban for plaintiffs in a lawsuit challenging the ban. Since then, the Dept. of State made updates to its website about how it will apply the lifting of the ban. The most recent update is that visa applicants must have a relationship to one of the plaintiff organizations. We are monitoring this development closely. https://travel.state.gov//court-order-regarding-presidenti

Department of Labor announces changes to the prevailing wage system effective October 8, 2020. https://www.jspvisa.com//dol-announces-changes-to-prevaili

DHS/DOL announced new H-1B rules today. The 152 page DOL rule makes changes to prevailing wages and goes into effect 10/8. The DHS rule narrows the definition of specialty occupation, will be published as final, and take effect in 60 days. Litigation is sure to result.

Update on the Visa Ban: Last week there was a court decision lifting the ban for plaintiffs in a lawsuit challenging the ban. Today, October 5, the Dept. of State made certain updates to its website which imply that it may apply the court order to non-plaintiffs, meaning that the effect is a lift of the ban across the board. Of course the COVID ban remains for those present in Schengen/UK/Ireland/Brazil/China, and Embassies are still not operating at full capacity. Further, the government is likely to appeal the court decision. We are monitoring this development closely.

Instructions for the 2022 Diversity Visa Lottery Program now available https://www.jspvisa.com//09192016-instructions-for-the-202

U.S. Immigration & Travel Restrictions - October 2020 Updates https://www.jspvisa.com//covid-19-related-us-travel-restri

Future Changes to USCIS's Premium Processing Service https://www.jspvisa.com//future-changes-to-usciss-premium-

USCIS's Fee Rule enjoined nation-wide. https://www.jspvisa.com//uscis-fee-changes-take-effect-oct

October 2020 Visa Bulletin Update https://www.jspvisa.com//24/october-2020-visa-bulletin-upd

USCIS announced that it will use the Dates for Filing Chart for October, which in addition to EB-1 All Other being current, EB-1 China and India are at 9/1/2020, along with advancements for EB-2 and -3.

The October 2020 Visa Bulletin is posted and for Final Action Dates EB-3 all other is current, with modest forward advancement for India/China. The Dates for Filing chart shows 9/2020 for EB-1 India/China but USCIS is unlikely to accept this chart. https://travel.state.gov//visa-bulletin-for-october-2020.h

Update on USCIS's implementation of the administration's Public Charge rule, which is no longer enjoined. https://www.jspvisa.com//nationwide-injunctions-stop-the-a

Statement on the Passing of Justice Ruth Bader Ginsburg JSP mourns the loss of the inspirational and irreplaceable Supreme Court Justice Ruth Bader Ginsburg. She not only blazed a trail for women in the law, but set an example for reaching the very highest levels of achievement in the practice. Our hearts are heavy, and we send our condolences to her family and loved ones.