Karasik Law Group

Trump Extends Through March 31, 2021 Bans on Work Visa Holders Previously Set to Expire December 31, 2020 On December 31, 2020, President Trump signed a proclamation extending earlier proclamations suspending the entry of certain immigrant and nonimmigrant visa applicants through March 31, 2021, and stating that the proclamation may be continued as necessary. The nonimmigrant suspension applies to applicants for H-1B, H-2B, and L-1 visas; J-1 visa applicants participating i...n the intern, trainee, teacher, camp counselor, au pair, and summer work travel programs; and any spouses or children of covered applicants applying for H-4, L-2, or J-2 visas. The President also extended a memorandum on visa sanctions, to continue in force until terminated by the President. The memo states that countries that deny or unreasonably delay the acceptance of their citizens, subjects, nationals, or residents from the United States during the ongoing pandemic caused by SARS-CoV-2 [the COVID-19 pandemic] create unacceptable public health risks for Americans. The earlier memo on which it is based states that visa sanctions will be imposed on such countries. Details: Presidential Proclamation, Dec. 31, 2020, https://www.whitehouse.gov//proclamation-suspension-entry/ Extension of Presidential Proclamations 10014 and 10052, Department of State, Jan. 1, 2021, https://travel.state.gov//extension-of-presidential-procla Presidential Proclamation 10052, June 22, 2020, https://www.whitehouse.gov//proclamation-suspending-entry/ Presidential Proclamation 10014, April 22, 2020, https://www.whitehouse.gov//proclamation-suspending-entry/ Memorandum on Extension of Memorandum on Visa Sanctions, Dec. 30, 2020, White House, https://www.whitehouse.gov//memorandum-extension-memorand/ Memorandum on Visa Sanctions, April 10, 2020, https://www.whitehouse.gov/presi/memorandum-visa-sanctions/.

FAIRNESS FOR HIGH-SKILLED IMMIGRANTS ACT OF 2020 WILL REMOVE THE PER COUNTRY QUOTA LIMITS ON ALL EMPLOYMENT-BASED IMMIGRANT VISA CATEGORIES. Yesterday the Senate passed S.386, Fairness for High-Skilled Immigrants Act of 2020, its version of House bill H.R.1044. Having been amended in the Senate, the bill now returns to the House for review and vote on the amended text. If this legislation is passed in the House and signed into law by the President, it will remove the per country quota limits on all employment-based immigrant visa categories, including EB-5. It will be huge win for immigrants from India and China who are experiencing decades of waiting for the visa to become available, while disadvantaging immigrants from all other countries.

On November 18, 2020, USCIS updated policy guidance to clarify the circumstances when the agency would find applicants ineligible for naturalization because they were not lawfully admitted for permanent residence. Applicants are ineligible for naturalization if they obtained lawful permanent residence (LPR) status in error, by fraud or otherwise not in compliance with the law, USCIS said. The update also clarifies that USCIS reviews whether an applicant has abandoned LPR status when it adjudicates a naturalization application. If an applicant does not meet the burden of establishing maintenance of LPR status, USCIS said it generally denies the naturalization application and places the applicant in removal proceedings by issuing a Notice to Appear (NTA).

California Homestead Exemption Amounts Increased In the State of California, the homestead exemption is designed to help homeowners when they fall behind on paying a debt and are in danger of losing their home. The homestead exemption covers the property you own and live in, whether is it a house, condo, mobile home, or boat. If one owns multiple properties, they can only claim one property with the homestead exemption. The point of the exemption is to prevent creditors from ...Continue reading

PUBLIC CHARGE RULE IS OUT. NATION-WIDE. On November 2, 2020, the district court in Cook County, Illinois, et al v. Wolf et. al., (19-cv-6334), granted summary judgment in favor of Plaintiffs on their claim that DHS’s Public Charge Rule, 84 Fed. Reg. 41,292 (Aug. 14, 2019) violates the Administrative Procedure Act (APA), 5 U.S.C. 701 et. seq. The district court specifically ruled that (1) the public charge exceeds DHS’s authority under the public charge provision of the INA, 8 U.S.C. 1182(a)(4)(A); (2) is not in accordance with law; and (3) is arbitrary and capricious. Therefore, the court immediately set aside the DHS Public Charge Rule nationwide without staying its decision pending appeal. DHS may not apply the public charge rule as of today, which includes the submission of Form I-944 and the information contained therein.

PUBLIC CHARGE RULE IS PERMANENTLY OUT NATIONWIDE On November 2, 2020, the district court in Cook County, Illinois, et al v. Wolf et. al., (19-cv-6334), granted summary judgment in favor of Plaintiffs on their claim that DHS’s Public Charge Rule, 84 Fed. Reg. 41,292 (Aug. 14, 2019) violates the Administrative Procedure Act (APA), 5 U.S.C. 701 et. seq. The district court specifically ruled that (1) the public charge exceeds DHS’s authority under the public charge provis...ion of the INA, 8 U.S.C. 1182(a)(4)(A); (2) is not in accordance with law; and (3) is arbitrary and capricious. Therefore, the court immediately set aside the DHS Public Charge Rule nationwide without staying its decision pending appeal. DHS may not apply the public charge rule as of today, which includes the submission of Form I-944 and the information contained therein.

USCIS Launches Sponsor Deeming and Agency Reimbursement Information Collection Initiative. WASHINGTON U.S. Citizenship and Immigration Services today announced the launch of a new Systematic Alien Verification for Entitlements (SAVE) initiative that will enable agencies that administer federal means-tested benefits to ensure more effective compliance with federal laws, regulations, and policies related to financial support of aliens by their sponsors and agency reimburseme...nt. The Trump administration has made it clear that existing immigration laws must be enforced, and sponsors of aliens should be held legally accountable for the financial responsibilities they willingly accept, said USCIS Deputy Director for Policy Joseph Edlow. This enhanced feature will support participating public-benefit granting agencies as they manage their programs and determine an alien’s eligibility for public assistance by ensuring consistency with current law, established sponsorship requirements and proper accountability. SAVE provides information about sponsors to agencies that administer federal means-tested public benefits. With this new SAVE initiative, USCIS is asking these agencies to now share how they use the SAVE sponsorship information in their sponsor assessment and agency reimbursement processes. The collected information will help participating agencies learn and improve how they use sponsor information to make eligibility determinations and hold sponsors accountable. This initiative will also allow USCIS to improve how it administers the SAVE program and help agencies that administer benefits programs better meet obligations under agency reimbursement laws and regulations. This new SAVE initiative stems from the May 2019 Presidential Memorandum on Enforcing the Legal Responsibilities of Sponsors of Aliens, which directed increased oversight and data collection to ensure more effective compliance in determining eligibility for federal means-tested benefits and reimbursement requirements. Sponsored aliens sometimes apply for and receive means-tested public benefits from federal, state, local, or tribal agencies. However, they may be ineligible for certain means-tested public benefits because the granting agency will consider their sponsor’s income and resources when determining the immigrant’s eligibility for the benefits. If a sponsored alien receives a means-tested public benefit, the sponsor is responsible, upon request, for reimbursing the agency providing the benefit. An agency can seek a court order for repayment if a sponsor does not issue reimbursement. USCIS encourages all agencies that administer federal means-tested benefits to use the new sponsorship feature. See more

The Department of Homeland Security (DHS) is expected to publish a proposed rule on September 11, 2020, to expand the collection and use of biometrics by U.S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection (CBP), and U.S. Immigration and Customs Enforcement (ICE). Based on an advance copy of the notice of proposed rulemaking, DHS is expected to propose: That any applicant, petitioner, sponsor, beneficiary, or individual filing or associated w...ith an immigration benefit or request, including U.S. citizens, must appear for biometrics collection without regard to age unless DHS waives or exempts the biometrics requirement.To authorize biometrics collection, without regard to age, upon arrest, for purposes of processing, care, custody, and initiation of removal proceedings.To define the term biometrics.To increase the biometric modalities that DHS collects, to include iris images, palm prints, and voice prints.That DHS may require, request, or accept DNA test results, including a partial DNA profile, to prove the existence of a claimed genetic relationship, and that DHS may use and store DNA test results for the relevant adjudications or to perform any other functions necessary for administering and enforcing immigration and naturalization laws.To modify how Violence Against Women Act and T nonimmigrant petitioners demonstrate good moral character, and remove the presumption of good moral character for those under the age of 14.To further clarify the purposes for which biometrics are collected from individuals filing immigration applications or petitions to include criminal history and national security background checks; identity enrollment, verification, and management; secure document production; and administering and enforcing immigration and naturalization laws. See more

USCIS Fee Increase. Karasik Law Group advises to file your petitions now. On July 31, 2020, USCIS officially announced the highly anticipated increase in the fees applicable to certain immigration processes and Naturalization applications. According to DHS, the adjusted weighted average increase of 20% will be applied to help recover USCIS operational costs. The biggest increase is affecting Application for Naturalization (citizenship) that will be increased 81% from already... high fee of $725 to exorbitant $1,245. If you are eligible to apply for naturalization, the time to file is right now. Certain immigration benefits will foresee either a lower or higher percentage increase including: I-130 Petition for Alien Relative going from $535 to $550 (3%) I-485 Application to Register for Permanent Residency going from $1140 to $1130 (-1%) I-601A Provisional Unlawful Presence Waiver going from $630 to $960 (52%) I-765 Application for Employment Authorization (Non-DACA) going from $410 to $550 (34%) N-400 Application for Naturalization going from $725 to $1245 for online filing* (81%) I-881 Application for Suspension of Deportation going rom $285 to $1810 (535%) Karasik Law Group highly recommends to submit all applications prior to October 2, 2020 to avoid the fee increase. If you are planning to file any of the listed petitions/applications, stop procrastinating and file now. Regardless when you file, all USCIS fees has to be paid accurately and in full as applications with incorrect or incomplete fees will be rejected. See more

BIRTH TOURISM RULES The Trump administration has amended the definition of visitor for pleasure at 22 CFR 41.31(b)(2) to prohibit so called birth tourism. The original version of this rule, before it was amended on January 24, 2020, defined pleasure as stated in INA 101(a)(15(B) to legitimate activities of a recreational character, including tourism, amusement, visits with friends or relatives, rest, medical treatment, and activities of a fraternal, social, or service nat...Continue reading

EXTENDING VISITORS VISA STATUS WHILE IN THE UNITED STATES Visitors who have been admitted in B-2 visa status may extend their status while in the United States. Even if a visitor has a multiple entry visa in the passport for a duration of ten years, the visitor is admitted into the US for a more limited time at a port of entry, which is generally a period of six months in B-2 status. Since the COVID-19 pandemic, many visitors have sought to extend their status as flights are ...Continue reading

OFLC to Decommission iCERT Labor Certification Registry The Department of Labor’s Office of Foreign Labor Certification (OFLC) is alerting employers and other interested stakeholders that the iCERT System Labor Certification Registry, which provides public access to labor certification decisions in the PERM, LCA, H-2A, and H-2B visa programs, will be decommissioned. As part of the Department’s technology modernization initiative, the Foreign Labor Application Gateway (FLAG) S...ystem was developed to replace the legacy iCERT System, improve customer service, and modernize the administration of foreign labor certification programs, OFLC said. Effective February 28, 2020, iCERT System account users will no longer be able to take any actions on their applications (e.g., delete initiated applications, request redeterminations, request center director reviews, withdraw applications, and upload supporting documents) within the respective Prevailing Wage, LCA, H-2A, or H-2B program areas of the legacy iCERT System. However, iCERT System account users will retain the ability to access their accounts and view, download, or copy information related to their applications after the iCERT System is placed in a read-only mode. Also effective February 28, 2020, data on labor certification decisions will be available within the Disclosure Data section of the OFLC Performance data page. Those interested in obtaining copies of labor certification records or other information maintained by OFLC may also request access under the Freedom of Information Act.

State Department Issues Final Rule Ordering Denials of B Visas to Combat ‘Birth Tourism’. The Department of State’s Bureau of Consular Affairs has amended its regulation governing the issuance of visas in the ‘‘B’’ nonimmigrant classification for temporary visitors for pleasure, effective January 24, 2020. The final rule establishes that travel to the United States with the primary purpose of obtaining U.S. citizenship for a child by giving birth in the United States is an im...permissible basis for the issuance of a B nonimmigrant visa. Consequently, a consular officer shall deny a B nonimmigrant visa to an alien who he or she has reason to believe intends to travel for this primary purpose, the rule states, noting that this rule is an effort to combat the birth tourism industry as a matter of national security. The final rule also codifies a requirement that a B nonimmigrant visa applicant who seeks medical treatment in the United States must demonstrate, to the satisfaction of the consular officer, the arrangements for such treatment and establish the ability to pay all costs associated with such treatment. The rule establishes a rebuttable presumption that a B nonimmigrant visa applicant who a consular officer has reason to believe will give birth during her stay in the United States is traveling for the primary purpose of obtaining U.S. citizenship for the child. Although the regulation amends the part pertaining to visitors for pleasure, the language is broad enough to subject B-1 business visitor applicants to the rebuttable presumption. The rule would thus also adversely affect women who seek to come to the United States to engage in legitimate business activities, which includes business meetings and entrepreneurial activities. The rule only applies to visa applicants at U.S. consular posts and not to visa waiver applicants whose first opportunity to establish their eligibility as visitors is at a U.S. port of entry. As of January 23, 2020, no guidance has been issued by U.S. Customs and Border Protection HQ to ports of entry concerning the final rule.

NEW PUBLIC CHARGE RULE EXPLAINED. USCIS announced a final rule that clearly defines the public charge inadmissibility law. DHS has revised the definition of public charge to ensure that aliens subject to the public charge inadmissibility ground, found at section 212(a)(4) of the Immigration and Nationality Act (INA), are self-sufficient. Who will be affected? Mostly immigrants who are already residing in the US in either non-immigrant status or out of status, who are in the...Continue reading

REQUIRED INVESTMENT AMOUNT FOR EB-5 GREENCARD IS DOUBLED FROM $500,000/$1,000,000 TO $900,000/$1,800,000 and MORE CHANGES ARE COMING AS OF NOVEMBER 1, 2019. On July 24th, the Final Rule on EB-5 program regulations are scheduled to be published in the Federal Register. The new rule goes into effect on November 21st. The final rule increases investment amounts from $500,000 and $1,000,000 to $900,000 and $1,800,000 respectively. It makes other changes in how TEA is defined and determined and what constitute high unemployment area. The full text of the rule can be accessed here https://www.federalregister.gov//eb-5-immigrant-investor-p

Plan to Improve the Naturalization Test USCIS is revising the current naturalization test with improvements to ensure it continues to serve as an accurate measure of a naturalization applicant’s civics knowledge and that it reflects best practices in adult education assessments. The goal is to create a meaningful, uniform, and efficient test that will assess applicants’ knowledge and understanding of U.S. history, government and values. In Fiscal Year 2018, USCIS naturalize...d nearly 757,000 people, a five-year high in new oaths of citizenship. The naturalization test revision is a key part of preparing legal immigrants to fully exercise their rights and meet their responsibilities. Granting U. S. citizenship is the highest honor our nation bestows, said USCIS Acting Director Ken Cuccinelli. Updating, maintaining, and improving a test that is current and relevant is our responsibility as an agency in order to help potential new citizens fully understand the meaning of U.S. citizenship and the values that unite all Americans. In December 2018, USCIS formed a naturalization test revision working group with members from across the agency. The working group has been reviewing and updating the naturalization test questions. The working group will also assess potential changes to the speaking portion of the test. USCIS is soliciting the input of experts in the field of adult education to ensure that this process is fair and transparent. After careful analysis of the pilot, and thorough officer training, USCIS will set an implementation date in December 2020 or early 2021. Section 312 of the Immigration and Nationality Act outlines the English and civics requirements for naturalization. By law, candidates for naturalization must have an understanding of the English language, including an ability to read, write, and speak words in ordinary usage in the English language and knowledge and understanding of the fundamentals of the history, and of the principles and form of government, of the United States... This test revision will comply with all statutory and regulatory requirements, and USCIS will pilot it this fall. See more

Sen. Rand Paul Blocks Bill to Eliminate Per-Country Cap on Employment-Based Green Cards The Fairness for High-Skilled Immigrants Act of 2019 (S. 386), a bill ...that would eliminate the 7 percent per-country cap (numerical limitation) on employment-based immigrants, among other things, was blocked in the Senate by Rand Paul (R-Ky.), who wants to amend the bill with an accommodation for EB-3 nurses. The legislation is expected to benefit primarily Indian and Chinese workers, who constitute the largest proportion of foreign H-1B skilled workers waiting for years in the green card backlog. Other recent developments included the addition of provisions strengthening H-1B specialty occupation enforcement by Sens. Mike Lee (R-Utah) and Charles Grassley (R-Iowa). See more