Immigration News Briefs
H1B process announced for FY2022
In early February, USCIS stated that it will not use the Wage Based system that the Trump administration had tried to implement in 2020. Instead, they will use the same registration process that was in place last year. This means potential H1B applicants can register for the “lottery system” from noon on March through noon on March 2.
During this time period, the employer must submit a separate electronic registration, along with a $10.00 fee, for each cap-subject H1B candidate the company seeks to sponsor for the next fiscal year (FY2022), which runs from October 1, 2021 to September 30, 2022.
At the end of the initial registration period, USCIS will conduct a random lottery from among all the registrations, and then a second lottery for the remaining registrations that are eligible for the master’s cap. By March 31, 2021, USCIS will notify the employer/petitioner for each selected registration that they may file an H1B petition on behalf of the employee/beneficiary listed in the registration. The notice will provide the petitioner with a 90-day filing window to submit the petition. For registrations selected during the initial registration period, the 90-day filing period is expected to start April 1, 2021. USCIS also has procedures in place to select additional registrations, or even reopen the registration period, in the unlikely event that the H1B cap is not reached initially.
Extended flexibility for agency requests
USCIS is once again extending the flexibilities it announced on March 30, 2020 to assist applicants and petitioners who are responding to certain:
• Requests for Evidence;
• Continuations to Request Evidence (N-14);
• Notices of Intent to Deny;
• Notices of Intent to Revoke;
• Notices of Intent to Rescind and Notices of Intent to Terminate regional investment centers; and
• Filing date requirements for Form I-290B, Notice of Appeal or Motion.
Notice/Request/Decision Issuance Date: This flexibility applies to the above documents if the issuance date listed on the request, notice or decision is between March 1, 2020 to the new date of March 31, 2021.
Response Due Date: USCIS will consider a response to the above requests and notices received within 60 calendar days after the response due date set in the request or notice before taking action. USCIS will consider a Form I-290B received up to 60 calendar days from the date of the decision before it takes any action.
Old naturalization test may return
BuzzFeed News obtained an internal draft of a USCIS document, stating that DHS officials are planning to stop a Trump-era version of the civics test administered to would-be US citizens that was criticized as being harder and more complex than its predecessor. This change was also confirmed by two officials at the agency.
The plans come just two months after the Trump administration issued a new version of the civics test that all immigrants have two chances to pass in order to become citizens.
The Trump-era version issued by U.S. Citizenship and Immigration Services added more than two dozen questions for immigrants to prepare for and included wording changes that in some cases made it more complex, according to immigrant advocates. A USCIS spokesperson said they had nothing “final” to share at this time.
Visa Bulletin for February 2021 is available on our website. Please go to http://www.khabar.com/magazine/ immigration/
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