YOUR TRUSTED GUIDE TO THE AMERICAN DREAM_®

YOUR MONTHLY IMMIGRATION GUIDE

September 2021

Dear Friends and Colleagues:

I want to talk about our "why" at Garvish Immigration Law Group. Why do we do what we do? What is important to us? What keeps us going in the face of adversity? It is "YOU"! Each and every one of you. We feel the impact that we are making in the lives of each of you and the maginified impact that our immigrant clients are making in our beloved country. We love hearing your stories and we are here to listen to your concerns and fears. We are certain of positive outcomes because we allow the energy of our successes to see us through the challenging times. THANK YOU for the opportunity to impact your lives and in turn transform our nation!

With lots of love,

Elizabeth xo

A REAL GREEN CARD LOVE STORY...

#WednesdayWin

US to Lift Travel Restrictions for International Visitors

On September 20, the White House announced that beginning in early November, all foreign nationals traveling to the United States by air should establish proof of full vaccination against COVID-19 by showing their vaccination card. This will end the requirement for National Interest Exceptions (NIE) and allow people to travel stress free. However, the dates and details of the new policy have not yet been officially revealed. Unill then, the Presidential Proclamation halting travel from the Schengen Zone continues to be in force.

We are anticipating guidance before authorizing any changes, tourist visa appointments, or reconsideration of visa and NIE applications that were suspended due to COVID travel restrictions. Full details of the new travel policy will be on our newsletter soon as they may become available.

For more information, please visit the following website:

Presidential Proclamations on Novel Coronavirus

US Court Sets aside Proposed H-1B ‘Wage Selection’ Rule

The number of H-1B visas declared each year is capped at 65,000, plus an additional 20,000 reserved for individuals with advanced degrees. The current approach for selecting applications for consideration is a hybrid where it is first come, first serve basis, and a lottery.

On November 2, 2020, USCIS published a proposed rule entitled as Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions that intended to dramatically alter the way in which H-1B registrations were going to be selected for the annual H-1B statutory cap, as established by Congress. The proposed rule replaced the current random selection process with a new wage-based selection process which would prioritize the selection of H-1B registrations based on employers who pay the highest wages. Under the Biden Administration, execution of the rule was postponed by the DHS from March 9, 2021 to December 31, 2021.

On September 15, 2021 – in Chamber of Commerce, et al. v. DHS, et al., Judge Jeffrey S White of the U.S. District Court for the Northern District of California vacated the January 8, 2021, DHS final rule entitled “Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions” on the grounds that then-Acting Homeland Security Secretary Chad Wolf was not lawfully serving in his role at the time the regulation was promulgated.

Therefore, the H-1B cap selection remains to be lottery based instead of wage based. This verdict allows employees to get H-1B visas without any wage restrictions.

For more information, please visit the following website:

Featured Issue: DHS and DOL Rules Altering the H-1B Process and Prevailing Wage Levels

USCIS Extends USCIS Extends Flexibility for

Responding to Agency Requests

On March 30, 2020 USCIS announced flexibilities when responding to certain requests due to the impact that the pandemic had in the immigration service. This month, USCIS decided to further extend the flexibility to respond to requests which issuance date listed on the notice or decision is between March 1, 2020, and Jan. 15, 2022. Therefore, USCIS will continue to consider a response to the requests described below, and notices received within 60 calendar days after the response due date set in the request or notice before taking any action.

The following documents qualify for the flexibility:

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.
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: he form was filed up to 60 calendar days from the issuance of a decision we made; and USCIS made that decision anytime from March 1, 2020, through Jan. 15, 2022.

DHS Proposed Rulemaking Seeks To Preserve

and Fortify DACA

On September 27, 2021 DHS announced a proposed rulemaking (NPRM) that would preserve and fortify the Deferred Action for Childhood Arrivals (DACA) program.

Even if only congress can provide Dreamers permanent protection, the proposed rule is an important step to achieve that goal. The rule embraces the consistent judgment that has been maintained by the Department—and by three presidential administrations since the policy first was announced in 2012—that DACA recipients should not be a priority for removal.

The NPRM was published on Tuesday, September 28, modifying and improving the existing filing process, while codifying and clarifying DHS’s longstanding information sharing and use policy regarding DACA requests.

DHS welcomes public comments on the proposed rule, including legal and policy considerations, and suggestions for alternative approaches. Therefore, DHS will open a 60-day public comment period for the public to submit comments relevant to the proposed rule. Following the completion of the public comment period, DHS will review and consider all properly submitted comments before issuing a final rule.

On July 16, 2021 the U.S. District Court for the Southern District of Texas issued an order that prohibits granting initial DACA requests. The DHS NPRM is complying with such court order. Moreover, DHS continues to accept and process DACA renewal requests based on the terms of DACA policy, as permitted by the court’s order. The issuance of the NPRM does not affect the court’s order or DHS’s obligations under the order.

For more information, please visit the following website:

DHS to Publish Notice of Proposed Rulemaking on DACA

October 2021 Visa Bulletin

The October 2021 Visa Bulletin is out! EB-1, EB-2 and EB-3 for “rest of the world” (except China and India) remains current.

EB-1 India remains current
EB-2 India remains 01SEP11
EB-3 India remains 01JAN14
EB-1 China remains current
EB-2 China remains 01JUL18
EB-3 China remains 08JAN19

Click here to see October's visa bulletin

Garvish Immigration

Law Group

ADDITIONAL NEWS

Click the titles to access the information

USCIS Extends Evidence of Status for Conditional Permanent Residents to 24 Months with Pending Form I-751 or Form I-829

Afghan Parolees are Required to Report Vaccination Status

LeGALS - Drinks and Debate

Elizabeth Garvish, Amna Shirazi, Lorena Saedi and Alyssa Maloof Whatley

We are back with the LeGALS Drinks and Debate Facebook LIVE!

LeGALS will host Anna Shealy Callaway on October 14th, 2021. After almost 10 years in corporate sustainability and social responsibility at Coca-Cola, Anna decided to take her side hustle of real estate investing full time. Since then Anna has consistently been ranked as a top producing agent in Atlanta. She represents clients across the metro area but focuses mainly on in-town neighborhoods. Anna has personally house-hacked, invested in single family residential, and, most recently, a short term vacation rental. Anna is a community leader who, along with her husband, are passionate about investing in the organizations that truly make this city a great place to live, and who work tirelessly to make it even better. Anna lives in Grant Park with her husband, toddler and labradoodle.

Do not miss the opportunity to meet great outstanding women during our next LeGALS!