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USCIS to Furlough 73% of the Employees on August 3 2020

6/30/2020

On Monday, June 29, 2020, 13,400 USCIS employees received emails telling them the furloughs would begin on August 3, 2020 and last for at least 30 days, with the potential to last three months or longer.... Employees were told last week that around 73% of the agency’s entire staff would be put out of work temporarily.

USCIS has nearly 20,000 employees total. 13,400 of them will be furloughed.

Unlike most other federal agencies, a significant amount of the USCIS’s $14.8 billion operating budget — nearly 97%, according to congressional testimony from 2019 — comes from immigration fees. The reasoning given to employees for the furlough was declining revenues as a result of the COVID-19 pandemic and resulting economic crisis.
“USCIS has seen a 50% drop in receipts and incoming fees starting in March and estimates that application and petition receipts will stay well below plan through the end of Fiscal Year 2020,” the USCIS spokesperson said. “This dramatic drop in revenue has made it impossible for our agency to operate at full capacity. Without additional funding from Congress before August 3, USCIS has no choice but to administratively furlough a substantial portion of our workforce.”
This will significantly slow down USCIS processing times, and has a potential to affect our immigration system long term.

https://www.vice.com/en_us/article/ep4pkw/the-trump-administration-just-furloughed-13400-immigration-workers

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Immigrant Visa 60-Day Ban Extended to Nonimmigrant Visas to The End of 2020

6/22/2020

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On Monday, June 22, 2020, the Trump administration said that it was extending a ban on Immigrant Visas aka "green cards" issued outside the United States until December 31, 2020, and adding many nonimmigrant and work visas to the ban, including those used heavily by technology companies and multinational corporations (H-1B, L) and also H-2B, J-1.

The administration explained this ban a way to free up jobs in an economy reeling from the coronavirus. The ban is in effect since April 23, 2020. Original ban was for 60 days. New ban is valid until December 31, 2020.

The ban on new visas applies to H-1B visas, which are used by major American technology companies, and their immediate families, H-2B visas for nonagricultural seasonal workers, J-1 visas for exchange students and L-1 visas for managers of multinational corporations. There will be exemptions for food processing workers, which make up about 15% of H-2B visas.

The administration is proposing a new way of awarding H-1B visas, which are capped at 85,000 a year. The administration wants to award them by highest salary instead of by lottery.

Text of the June 22, 2020 Proclamation is here.

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Section 1. Continuation of Proclamation 10014. (a) Section 4 of Proclamation 10014 is amended to read as follows:
“Sec. 4. Termination. This proclamation shall expire on December 31, 2020, and may be continued as necessary. Within 30 days of June 24, 2020, and every 60 days thereafter while this proclamation is in effect, the Secretary of Homeland Security shall, in consultation with the Secretary of State and the Secretary of Labor, recommend any modifications as may be necessary.”
(b) This section shall be effective immediately.
Sec. 2. Suspension and Limitation on Entry. The entry into the United States of any alien seeking entry pursuant to any of the following nonimmigrant visas is hereby suspended and limited, subject to section 3 of this proclamation:
(a) an H-1B or H-2B visa, and any alien accompanying or following to join such alien;
(b) a J visa, to the extent the alien is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any alien accompanying or following to join such alien; and
(c) an L visa, and any alien accompanying or following to join such alien.
Sec. 3. Scope of Suspension and Limitation on Entry. (a) The suspension and limitation on entry pursuant to section 2 of this proclamation shall apply only to any alien who:
(i) is outside the United States on the effective date of this proclamation;
(ii) does not have a nonimmigrant visa that is valid on the effective date of this proclamation; and
(iii) does not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.
(b) The suspension and limitation on entry pursuant to section 2 of this proclamation shall not apply to:
(i) any lawful permanent resident of the United States;
(ii) any alien who is the spouse or child, as defined in section 101(b)(1) of the INA (8 U.S.C. 1101(b)(1)), of a United States citizen;
(iii) any alien seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain; and
(iv) any alien whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.
..........

Read here.

Here and here.

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COVID19 Updates from USCIS About Reopening and New Procedures

6/18/2020

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USCIS Provided COVID-19 Updates During a Conference Call on June 18, 2020:

On June 18, 2020, I attended a conference call where USCIS representatives advised the attorneys and public about their new and updated post-Covid19 procedures.
The purpose of new procedures is to ensure safety of the USCIS personnel, staff, customers and visitors.
On June 4, 2020, USCIS local field office started to reopen. Offices will reopen depending on situation in the local community and existing safety concerns. USCIS is following CDC COVID-19 guidelines. It is expected that it will take at least several more weeks for the appointments to be rescheduled. Because the number of daily appointments will be significantly reduced, it will result in longer delays and wait time for an interview will be longer than before COVID-19 pandemic.
July 13, 2020 is an estimate when many ASC will reopen and biometrics will resume. Biometrics appointment will be available ONLY at the time and date in the appointment notice. Walk-ins will not be allowed. There will be much less people scheduled every day, so USCIS will have time to clean up and prepare for the next customer. USCIS will reschedule all cancelled Biometrics appointments unless they are deemed unnecessary. When mailing a new appointment notice, a biometrics worksheet will be mailed too. In the past, it was completed during the appointment. Now, the customers will be required to complete the worksheet and bring it with them to the appointment.
During pandemic, USCIS was able to reuse some biometrics if they were already on file (taken during previous applications) and the case was ready for adjudication.
Some USCIS offices (not consular sections) will start reopening in July 2020. It is expected that USCIS office in Rome will reopen in July 2020. It is expected that USCIS London office will be permanently closed.
Priority number one after reopening of the local USCIS offices will be Naturalization ceremonies.
Second priority is rescheduling cancelled adjustment of status or green card interviews.
Some employment-based green card interviews can be waived on a case-by-case basis and only if it is deemed unnecessary.
It is expected that all cancelled and delayed Naturalization ceremonies will be complete by the end of July 2020 (about 100,000 people are waiting).
Naturalization ceremonies will be very brief, there will be no big crowds, no family members or friends will be allowed to attend, no video, information will be given in printed format.
Asylum interviews will follow different format from other USCIS’ field office interviews.
When attending any USCIS appointment, customers are advised to bring their own blue or black pens, wear a face covering (face mask). People not wearing an appropriate face covering will not be allowed to enter. During the interview or biometrics appointment, customers can be asked to remove face covering for a brief period (to identify, to take photo).
Customers are advised not to arrive earlier than 15 minutes before an interview, or 30 minutes before naturalization interview.
Interpreters are not allowed to attend interviews at USCIS offices in person. Interpreters can interpret by phone.
Attorneys can attend in person or by phone.
Waiting room sitting will be limited. Number of appointments per day will be significantly reduced. There will be a COVID-19 specific screening for all customers
Customers and staff will be required to practice social distancing. The USCIS officer and an applicant can be in different rooms communicating via video call.
USCIS is advising all customers to use online tools for contacting USCIS, and to have online accounts.
USCIS advises customers who are feeling sick or unwell not to attend the interview, but to follow the instructions in the appointment letter to reschedule an appointment.

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U.S. Supreme Court Rules That DACA Program Will Continue

6/18/2020

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DACA program for undocumented youth in the U.S. will continue. On June 18, 2020, the U.S. Supreme Court blocked the Trump administration's attempt to end or rescind the Deferred Action for Childhood Arrivals, DACA program that protects hundreds of thousands of immigrants brought to the US as children from deportation.

A narrowly divided 5-4 Supreme Court extended protection from deportation to over 650,000 so-called Dreamers, while the Trump administration jumps through the administrative hoops that the court said are required before ending the program.

The court ruling was written by Chief Justice John Roberts and joined by Justices Ruth Bader Ginsburg, Elena Kagan, Stephen Breyer and Sonia Sotomayor.

Court said the Department of Homeland Security's decision to rescind #DACA was arbitrary and capricious under the Administrative Procedure Act.

Some experts believe that the decision not only allows renewals in the program to continue for now, but clears the way for new applicants to apply to the program.

However, USCIS response today was different "court opinion has no basis in law and merely delays the President's lawful ability to end the illegal Deferred Action for Childhood Arrivals amnesty program."

Technically, Chief Justice John Roberts wrote that the Trump administration's rescission was vacated and he sent the case back down to the lower courts.

We will post here again when USCIS updates its current DACA policy. USCIS is the agency which is responsible for making this new ruling clear and informing the public as to whether they will accept new applications.

The decision is here:
https://apps.npr.org/documents/document.html?id=6951500-DACA-Decision

https://www.cnn.com/2020/06/18/politics/daca-supreme-court-explainer/index.html

https://www.cnn.com/2020/06/18/politics/daca-immigration-supreme-court/index.html

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Asylum in the United States of America Overview 2020

6/15/2020

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Each year, thousands of people arriving at the border or already in the United States apply for asylum, or protection from persecution. Those granted asylum can apply to live in the United States permanently and gain a path to citizenship and can also apply for their spouse and children to join them in the United States. This fact sheet provides an overview of the asylum system in the United States, including how asylum is defined, eligibility requirements, and the application process.

What is Asylum process in the United States? Read overview here.

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USCIS to Furlough 73% of the Employees on August 3 2020

Immigrant Visa 60-Day Ban Extended to Nonimmigrant Visas to The End of 2020

COVID19 Updates from USCIS About Reopening and New Procedures

U.S. Supreme Court Rules That DACA Program Will Continue

Asylum in the United States of America Overview 2020

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