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Expansion of Interview Waiver Eligibility Last Updated: December 29, 2020 Secretary Pompeo, in consultation with the Department of Homeland Security, has temporarily expanded the ability of consular officers to waive the in-person interview requirement for individuals applying for a nonimmigrant visa in the same classification. Previously, only those applicants whose nonimmigrant visa expired within 12 months were eligible for an interview waiver. The Secretary has temporar...ily extended the expiration period to 24 months. This policy is in effect until March 31, 2021. This change will allow consular officers to continue processing certain nonimmigrant visa applications while limiting the number of applicants who must appear at a consular section, thereby reducing the risk of COVID-19 transmission to other applicants and consular staff. Travelers are encouraged to review the website of the nearest U.S. embassy or consulate for detailed information on what services are currently available as well as eligibility information and instructions on applying for a visa without an interview. https://travel.state.gov//expansion-of-interview-waiver-el See more

Effective October 2, 2020, USCIS is increasing many filing fees by over 20%. Also updates to the premium processing timeframe from 15 calendar days to 15 business days.

On July 31, DHS announced a final rule on the USCIS fee schedule. The rule adjusts fees that USCIS charges for certain immigration and naturalization benefit requests to help recover the full operating costs of their services. The rule becomes effective Oct. 2, 2020.... Some key points: - Increases fees by a weighted average of 20 percent - Adds a $50 fee for asylum application - Removes the proposal to transfer money to ICE - Retains some fee waiver. For the full 576 page document https://s3.amazonaws.com/public-inspection.f/2020-16389.pdf

Guidance for Continuing F-1 & M-1 Students versus Guidance for Initial Students will be different according to today's announcement. F and M students and schools certified by SEVP should abide by guidance issued in March 2020. The guidance enables schools and students to engage in distance learning in excess of regulatory limits due to the public health emergency generated by COVID-19. The March 2020 guidance applies to nonimmigrant students who were actively enrolled at a U....S. school on March 9 and are otherwise complying with the terms of their nonimmigrant status, whether from inside the U.S. or abroad. SEVP will not issue a temporary final rule impacting nonimmigrant students for the fall school term. In accordance with March 2020 guidance, nonimmigrant students in new or initial status after March 9 will not be able to enter the U.S. to enroll in a U.S. school as a nonimmigrant student for the fall term to pursue a full course of study that is 100 percent online. Additionally, designated school officials should not issue a Form I-20 to a nonimmigrant student in new or initial status who is outside of the U.S. and plans to take classes at an SEVP-certified educational institution fully online. https://www.ice.gov/docl/sevis/pdf/bcmFall2020guidance.pdf

The Trump administration has rescinded its policy that would bar international students who only take online courses from staying in the US. As this is a developing story we will have to see whether the Trump administration will differentiate between foreign students already present in the U.S. in F-1 or M-1 status versus foreign students coming to the U.S. for the first time in F-1 or M-1 status in Fall of 2020.

Today Harvard and MIT filed a lawsuit against Immigration and Customs Enforcement and the Department of Homeland Security over a new policy that would force international students to either attend classes in person or leave the U.S. this Fall if their college or university is only offering online curriculum. International students pay a higher amount of tuition than domestic students. For foreign students already in the U.S. they have been placed in a sticky situation as many have already made significant financial commitments towards attending school in the U.S. in the Fall (i.e. paid down payments on tuition, signed rental agreements). Foreign students are good for U.S. businesses and American employment!

In a 5 to 4 decision, the Supreme Court blocked the Trump administration's attempt to end the Deferred Action for Childhood Arrivals (DACA.) DACA will remain. Big win for the Dreamers!!!

President Trump issued a proclamation "Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak." This proclamation is effective at 11:59 pm (ET) on April 23, 2020. The proclamation will expire 60 days from its effective date and may be continued. Per the proclamation, the suspension and limitation on entry pursuant to section 1 of this proclamation applies to individuals who:... 1.are outside the United States on the effective date of this proclamation; 2.do not have an immigrant visa that is valid on the effective date of this proclamation; and 3.do 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. The proclamation includes several exemptions for health care workers and USC spouses and children under 21 among others.

Supreme Court wants the District Courts to decide this question first. https://amp.cnn.com//supreme-court-public-charg/index.html

On November 12, the Supreme Court will hear arguments on the termination of #DACA. Stay tuned for further details.

Definitely food for thought.

USCIS Announces FY 2020 H-1B Cap Season Start, Updates, and Changes

If you are a US citizen petitioning for your family, we can help. Do not try to fill forms without guidance. Talk to us first about family immigration. Contact the office of DiPietro Immigration Law / Law Office of Stephanie DiPietro: (646) 663-1013 http://bit.ly/2qlAmH8 #immigration #law #family

USCIS Assists in Case Resulting in the Leader of Non-Profit Music Organization Pleading Guilty in Visa Fraud Scheme

USCIS Updates Fee Payment System Used in Field Offices

Need to file a form I-130? Are you petitioning for a loved one? We understand the immigration process can be a difficult one to navigate. We are here to help with all of your immigration needs. Contact us today to schedule a consultation: www.dipietro.co