YOUR MONTHLY IMMIGRATION GUIDE

YOUR TRUSTED GUIDE TO THE AMERICAN DREAM_®

May 2021

Dear Friends and Colleagues:

Happy Memorial Day! We honor those who served our country so bravely, including many immigrants. A big part of our immigration practice is helping the family members of our military.

This month, I want to share a story of triumph and perseverance, trust and faith. A story that embodies how we think and function at Garvish Immigration Law Group. I met an amazing young man about three years ago. A man of faith who trusted and loved God, We immediately connected. He came to the U.S. as a child and unfortunately fell out of nonimmigrant status. He grew to be a wonderful young man despite this burden he had to bear. He didn't quite belong in the U.S. through no fault of his own and there were limited ways for him to legalize his immigration status. He was involved in his church in significant leadership roles and we hatched a plan. The church agreed to sponsor him for a green card. I thought this would be easy, but GOD had other plans. We were tested. Trump issued an executive order changing the unlawful presence calculations for F,M and J and I advised this young man to leave the U.S. and wait abroad. We faced more challenges. The DOL denied our three PERM applications in error. THREE! Our success rate is close to 99% on our PERM cases. How could we be this unlucky? I had to persevere. I had to fight and I had to keep moving forward. We were able to reopen the third denial and the government admitted the error. Last week, I received the most beautiful email from the DOL certifying this case. I felt the weight of this young man's future on my shoulders for three years. I sent this young man back home. I asked him to trust me. I couldn't let him down. We both agreed that these challenges actually were blessings in many ways and we were both able to grow. The one thing that never wavered was our trust and faith - our knowing that we would accomplish this. We both put it in God's hands. We surrendered to the certainty of success whatever the tumultous journey. We continue to walk hand in hand as attorney and client (even though we were an ocean away) knowing we will reach our destination and not wavering in trust and faith.

The immigration process is a journey. Trust us as your guide.

Yours faithfully,

Elizabeth xo

USCIS Reinstates Deference to Prior Determinations When Extending Employment Visas With The Same Terms as The Initial Petition or Application.

On April 27, 2021, the Biden administration reinstated the “Deference Policy,” in which USCIS officers have to give deference to prior employment visa determinations when adjudicating visa extension requests involving the same parties and facts.

The Deference Policy was revoked during the first year of the Trump Administration. Since its revocation, USCIS officers treated every application, or petition, of visa extension as if there had never been a previous approval of the same visa benefit for the same employer, employee and job. Due to this, visa extension petitions were subject to more scrutiny, and burdensome requests for evidence (RFEs), resulting in processing backlogs and delays of otherwise previously adjudicated matters.

Under the reinstated policy, USCIS can only oppose a previous approval if it finds that the original approval was materially wrong based on the visa’s legal requisites or a material change in facts since the original approval. In order NOT to defer a previous approval an Officer must:

- Acknowledge the previous approval in the denial, RFE, or NOID

- Articulate the reason for the lack of deference

- Provide the petitioner or applicant an opportunity to respond to any new information

- Obtain supervisory approval before deviating from prior approval.

Click the following link for more information:

USCIS Issues Policy Guidance on Deference to Previous Decisions

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USCIS Established The Continuity of The International Entrepreneur Parole Program (IE)

On May 10, 2021, USCIS announced that the DHS is withdrawing a proposal to remove the International Entrepreneur (IE) parole program introduced by the Trump Administration in 2018.

The IE parole program provides a temporary immigration pathway for foreign entrepreneurs who have founded companies with high growth potential in the United States. The IE parole program seeks to strengthen and grow the United States’ economy through increased capital spending, innovation, and job creation. Entrepreneurs granted parole are eligible to work only for their start-up business, and their spouses may apply for employment authorization in the United States, though their children are not eligible for such authorization based on this parole.

Under the IE program, parole may be granted to up to three entrepreneurs per start-up entity, as well as their spouses and children. The IE program fills a gap for entrepreneurs that more common immigration statuses do not satisfy.

Click the following link for more information:

Information about: International Entrepreneur Parole

USCIS Suspend Biometric Screening Requirement to H-4, L-2 and E Visa Holders For a Period of Two Years

Beginning May 17, 2021 USCIS will be suspending biometric screening requirements for H-4, L-2, E-1, E-2, and E-3 dependent visa holders for two years. The suspension will expire on May 17, 2023 but it is subject to affirmative extension or revocation by the USCIS Director. The revoked biometric requirement took effect on March 11, 2019 causing historically length delays in the adjudication of I-539, Application to Extend/Change Nonimmigrant.

In many circumstances I-765 (applications for employment authorization) cannot be approved until after the I-539 application is approved and the underlying H-4, L-2 or E nonimmigrant status is granted or extended, therefore, delays in the adjudication of I-539 has also caused longer waits in the adjudication of applications for employment authorization.

USCIS will still retain discretion to require biometrics on a case-by-case basis, and any applicant may be scheduled for an ASC appointment and be required to submit biometrics for identity verification and other screening purposes.

Click the following links for more information:

USCIS Temporarily Suspends Biometrics Requirement for Certain Form I-539 Applicants