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Immigration News Briefs

Provided by Humera Subhani

February 2022

USCIS Extends Flexibility for Responding to Agency Requests

In response to the COVID-19 pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners, and requestors 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;
Notices of Intent to Terminate regional centers; and
Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

Response Due Date:

This flexibility applies to the documents listed above if the issuance date listed on the request, notice or decision is between March 1, 2020, and March 26, 2022, inclusive. 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 any action.

In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion, or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:

The form was filed up to 90 calendar days from the issuance of a decision we made; and
We made that decision between Nov. 1, 2021, and March 26, 2022, inclusive.

Under previously announced flexibilities, USCIS considered a Form I-290B or a Form N-336 if the form was filed up to 60 calendar days from the issuance of a decision by USCIS, and if such decision was issued between March 1, 2020, and Oct. 31, 2021, inclusive.

DHS Withdraws H-1B Selection Final Rule

The DHS has published a final rule that withdraws the Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions final rule, also known as the H-1B Selection Final Rule, issued Jan. 8, 2021. That rule was vacated by the U.S. District Court for the Northern District of California.

The rule would have changed the way USCIS selects H-1B registrations (or petitions, if registration is suspended) submitted by prospective petitioners seeking to file an H-1B cap-subject petition by ranking and selecting registrations based generally on corresponding wage levels. Now, for Fiscal Year 2023, USCIS will use the same Lottery Registration procedures as the previous two years.

Waiver of Personal Appearance and Interview Requirements for Certain Immigrant Visa Applicants Issued Visas On or After August 4, 2019

Dept. of State- Consular officers may waive the personal appearance and interview requirements for certain replacement immigrant visa applicants under a new Temporary Final Rule.

Immigrant visa applicants who meet the following criteria may not need to make another in-person
appearance before a consular officer for an interview, execution of their application, and oath:

The immigrant visa was issued on or after August 4, 2019;
The applicant did not travel to the United States on the immigrant visa; and
The applicant seeks and remains qualified for an immigrant visa in the same classification as the expired immigrant visa or in certain automatic category conversions, and pursuant to the same approved petition.

This Temporary Final Rule expires on December 13, 2023.

APPLICATION FINAL ACTION DATES FOR FEBRUARY 2022

FAMILY	India	Pakistan/Bangladesh
1st	01Dec14	01Dec14
2A	Current	Current
2B	22Sep15	22Sep15
3rd	22Nov08	22Nov08
4th	15Sep05	22Mar07

EMPLOYMENT	India	Pakistan/Bangladesh
1st	Current	Current
2nd	01Jan13	Current
3rd	15Jan12	Current
Other	15Jan12	Current
4th	Current	Current
5th	Current	Current1B

DATES FOR FILING VISA APPLICATIONS - JANUARY 2022

FAMILY	India	Pakistan/Bangladesh
1st	15May16	15May16
2A	01Oct21	01Oct21
2B	22Sep16	22Sep16
3rd	22Aug09	22Aug09
4th	01Jan06	01Oct07

EMPLOYMENT	India	Pakistan/Bangladesh
1st	Current	Current
2nd	01Sep13	Current
3rd	22Jan12	Current
Other	22Jan12	Current
4th	Current	Current
5th	Current	Current1B