Articles Posted in Policy Updates

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In a sharp escalation of his hardline immigration policies, President Trump has recently turned his attention toward lawful permanent residents, sparking alarm among green card holders with the right to live and work in the United States permanently.

While Trump’s immigration policies during his first term in office primarily targeted undocumented immigrants and asylum seekers, this time his administration is taking a more aggressive approach, aimed at even those who have followed legal pathways to U.S. permanent residency. By now you have seen the headlines in the news detailing heightened scrutiny and enforcement measures against green card holders by Immigration and Customs Enforcement (ICE).

Understanding why Trump is now targeting green card holders requires taking a closer look at his administration’s policies and what this means for the future of immigration under President Trump.

Overview

Under President Trump’s current administration, green card holders are being treated like guests, with the privilege of having the ability to live and work in the United States. But that privilege can be placed under scrutiny if lawful permanent residents violate their legal status.

This is because of the administration’s new “Catch and Revoke” policy, introduced by Secretary of State Marco Rubio, establishing a stringent “one-strike” rule targeting non-citizens, including green card holders, visa recipients, and parolees.

Under this new policy, any legal violation by non-citizens—ranging from minor infractions to more serious offenses—can lead to the immediate revocation of immigration status and potential deportation.

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Over the past month, a new wave of visa revocations has caused panic among F-1 international students at college campuses nationwide.

In this video you will learn about what is happening, which students are being impacted, and how you can protect your immigration status moving forward.

Here’s What We Know

Without any prior notification, U.S. Immigration and Customs Enforcement (ICE) has been revoking visas and terminating SEVIS records for the following individuals:

  • Students who have had encounters with law enforcement
  • Students with criminal charges that have been dismissed
  • Students with very old misdemeanors pre-dating their most recent visa issuance
  • Students who have engaged in pro-Palestinian activism on college campuses and
  • Where the government learns that a student is working without lawful authorization

School officials first became aware of terminated F-1 student records after conducting routine checks of the Student & Exchange Visitor Information System (SEVIS). Still others became aware of their SEVIS termination after receiving an email directly from the State Department.

Why it’s Important

A student’s visa is the key that allows students to enter the United States, but their SEVIS record (known as Form I-20 Certificate of Eligibility for Nonimmigrant Student Status) is what determines their ability to remain inside the country. Students are allowed to remain until their “Admit Until Date” or D/S Duration of Status. This means a student can remain in the U.S. for as long as they comply with the terms of their F-1 visa.

Once an F-1 student’s SEVIS record is terminated, they automatically lose lawful status and are subject to removal from the United States if they do not leave the U.S. immediately. Under the Trump administration, F-1 visa holders admitted for “duration of status” begin accruing unlawful presence the day after their status ends.

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Did you know that you can apply for a green card without a job offer or even sponsorship from a U.S. employer?

In this video attorney Jacob Sapochnick tells you all you need to know about the EB-2 National Interest Waiver, an employment-based green card option for professionals who are working in an area of national importance to the United States government.

This video focuses specifically on how engineering professionals can qualify for the National Interest Waiver, which is one of the most popular ways to obtain permanent residence in the U.S.

For more information, please keep on watching.

Overview

If you are an engineer that has earned an advanced degree (baccalaureate or higher) or have exceptional ability in your field of engineering, then you may be eligible to self-petition for a green card by applying for the EB-2 National Interest Waiver.

Unlike the EB-3 employment-based green card which requires employment sponsorship, the EB-2 National interest Waiver allows an individual to self-petition for their green card.

This provides applicants with the freedom and flexibility to apply for permanent residence on their own without having to undergo the lengthy labor certification process with a U.S. employer.

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Want to keep up to date on the latest changes in the E-2 Treaty Investor Visa Program? Then you are at the right place. In this video, attorney Jacob Sapochnick shares new updates for spouses and dependents of principal E-2 visa holders, as well as information about minimum investment requirements for E2 investors, and new requirements for E3 visa applicants.

Overview

New changes governing regulations for spouses and children of E visa holders, and minimum investments amounts, have appeared in the Foreign Affairs Manual (9 FAM 402.9-9) effective on May 1, 2023.

Substantiality Test

One of the requirements of the E2 visa program is to ensure that the amount of capital being invested into your business is “substantial” for the type of commercial enterprise you establish or acquire, while considering the nature of the business.

The law does not set a minimum dollar figure nor minimum amount of investment that is considered to be “substantial” for E-2 visa purposes. However, the Foreign Affairs Manual considers an investment to be “substantial” if it (1) meets the proportionality test (2) is sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise and (3) is of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise.

The proportionality test determines whether an investment is substantial by weighing the amount of qualifying funds invested against the cost of the business.  If the two figures are the same, then the investor has invested 100 percent of the needed funds in the business; such an investment is substantial.

Clarification of the Substantiality Test for E2 Renewal Applicants

Section 9 FAM 402.9-6(D) of the Foreign Affairs Manual (FAM) states that once an E2 investor has established that he or she has invested a substantial amount of capital in his or her business to the satisfaction of an Immigration Officer, the applicant generally does not need to be evaluated under this criterion again unless there has been a change in ownership (for example where a sale of the business has occurred).

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In this video, attorney Jacob Sapochnick delivers some good news to immigrant visa applicants—as of March 2023 the National Visa Center has reported a decrease in the backlogs of about 6,000 cases.

If you would like to know more about this important update, please keep on watching.

Did you Know? Every month the Department of State’s National Visa Center (NVC) publishes an Immigrant Visa Backlog report, which provides data and statistics relating to the current status of worldwide visa operations, including the number of documentarily complete immigrant visa cases currently at the National Visa Center waiting for interviews, the number of cases that were scheduled for interviews at the end of each month, and the number of immigrant visa cases still waiting to be scheduled for a visa interview after interview appointment scheduling was completed at the end of each month.

Overview

What is the National Visa Center?

The National Visa Center (NVC) is an agency that forms part of the U.S. Department of State, located in Portsmouth, New Hampshire. The main responsibility of the Nationality Visa Center (NVC) is to act as an intermediary between the U.S. Citizenship and Immigration Services (USCIS) and U.S. Embassies and Consulates abroad. The NVC receives approved cases from USCIS and collects further documentation from applicants and petitioners to prepare cases for immigrant visa processing at U.S. Embassies and Consulates overseas. Part of this process includes making sure cases are documentarily complete to request immigrant visa interview scheduling from U.S. Embassies and Consulates abroad.

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Do you have a case waiting to be processed by the National Visa Center? In this video, attorney Jacob Sapochnick discusses the latest updates on visa processing and interview scheduling in the new year.

This includes information regarding current visa backlogs and what you can expect from the National Visa Center.

If you would like to learn more about this important topic, just keep on watching.

Did you know? For immigrant visa petitions, the National Visa Center (NVC) functions as an intermediary between USCIS and the Embassy or Consulate that will eventually schedule your immigrant visa interview.

After the U.S. Citizenship and Immigration Services (USCIS) has approved your I-130 or I-140 immigrant visa petition, USCIS will forward your petition to the National Visa Center (NVC) in Portsmouth, New Hampshire. The NVC will complete immigrant visa pre-processing once your priority date becomes current pursuant to the Visa Bulletin.

Immediate relative categories do not have yearly numerical limits and pre-processing can begin once your case has reached the NVC. However, other family preference and employment-based immigrant categories have annual numerical limits, preventing pre-processing from taking place until the priority date is current.

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In this video, attorney Jacob Sapochnick discusses the final rule, “Public Charge Ground of Inadmissibility” announced by the Biden administration on December 19, 2022.

The final rule applies to adjustment of status applications postmarked on or after December 23, 2022.

The new public charge rule was issued in response to President Biden’s Executive Order 14012, entitled, “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans.”

As you might recall, in 2018 former President Trump expanded the public charge rule making it more difficult for green card applicants to immigrate to the United States. Later in 2021, the Biden administration rescinded the Trump administration’s public charge rule and restored the original public charge of inadmissibility guidance that was in place before Donald Trump became President.

To help green card applicants prepare for the change, the Biden administration released a new edition of Form I-485 to better implement the regulations.

Want to know more about this topic? Just keep on watching.

Overview

How can the public charge rule impact me?

Biden’s public charge rule will impact all those who are filing Form I-485 Application to Register Permanent Resident or Adjust Status on or after December 23, 2022, with few exceptions.

Although new policy updates are being implemented by the Biden administration, it is important to understand that the “public charge” concept has been around since 1999 when Congress made it a matter of law for a noncitizen’s application for a visa, admission, or adjustment of status to be denied if the applicant is “likely at any time to become a public charge,” on the United States government.

We would like to highlight that in our practice, we have rarely seen an applicant denied solely on public charge grounds, however it is still important to understand what the public charge rule is about and what factors USCIS considers when analyzing whether a green card applicant is currently or likely to become a public charge.

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In this blog post, we provide you with the latest details regarding upcoming changes to the N-400 Application for Naturalization in the new year. USCIS recently announced that it is planning to conduct trial testing of a newly redesigned naturalization examination that seeks to update the civics component of the N-400 examination, and potentially introduce a new English-speaking element to the examination. Trial testing is expected to begin in January 2023 and last for a period of 5 months.

Want to know more? Just keep on watching.

Did you know? During your naturalization interview, you will be asked to undergo a naturalization examination which is made up of two components, an English, and civics test. During the English examination, you must demonstrate an understanding of the English language and the ability to read, write, and speak basic English. During the civics test, you will be asked to answer questions about American government and history.

Overview

As you might be aware, this year the United States Citizenship and Immigration Services (USCIS) revealed that it received the highest number of naturalization applications since fiscal year 2008. According to statistics, approximately 1,047,000 permanent residents became U.S. Citizens in 2022, with naturalization applications rebounding to pre-pandemic levels.

What are the proposed changes to the N-400 Application for Naturalization?

Starting in January 2023, USCIS will conduct trial testing to introduce a new standardized English-speaking test as part of the requirement to demonstrate an understanding of the English language.

Additionally, the trial testing will include an updated civics examination with new content and a new multiple-choice format. The reading and writing portions of the English examination will remain unchanged.

USCIS will conduct the trial testing with volunteer community-based organizations (CBOs) that work with immigrant English language learners and lawful permanent residents (LPRs) preparing for naturalization.

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Are you an international student in the United States or planning to apply for an F-1 visa? Then this video may interest you. Here, we discuss a recent announcement made by the U.S. Citizenship and Immigration Services (USCIS) regarding the loss of accreditation of the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency, and how it will impact certain F-1 students in the United States. The ACICS agency accredited close to 30 schools in the United States attended by more than 5,000 students.

Did You know? The U.S. Department of Education has announced it will no longer recognize the ACICS as an accredited agency. Accordingly, students in an English language program or those seeking an extension of their STEM OPT may be impacted.

If you want to know more just keep on watching.

Overview

On August 19, 2022, the U.S. Department of Education (ED) announced that it no longer recognizes the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency. This determination immediately affects two immigration-related student programs:

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Welcome back to our blog! In this video, we are excited to cover new updates from the U.S. Citizenship and Immigration Services (USCIS) with respect to missing and/or delayed Requests for Evidence also known as “RFEs.”

Did You Know? Where an application or petition is deficient, the United States Citizenship and Immigration Services (USCIS) may issue a Request for Evidence asking for additional information or documentation to be provided before the adjudicating officer can make a final decision for your case. Requests for Evidence are sent to the applicant’s mailing address and specifically identify the information or documentation needed, as well as the deadline for responding to the Request for Evidence.

Want to know more? Just keep on watching.

Overview

More and more individuals have been reporting their case status change to “Request for Evidence” issued but have not received the request in the mail. In this post, we talk about what you should do in this situation and the latest recommendations from USCIS.

Since the COVID-19 pandemic began, we have seen many operational delays at the USCIS level. From interview scheduling delays to the slow issuance of receipt notices, the agency has been struggling to keep up with its workload. In the last year alone, the biggest obstacle has been the slow issuance of Requests for Evidence especially for cases pending at the Texas Service Center (TSC) and the Vermont Service Center (VSC). The agency has said that eventually all Requests for Evidence will be sent by mail. The issue has been that the agency has been experiencing severe mailroom backlogs leading to such delays.

So, what should you do if you have not yet received your Request for Evidence in the mail?

USCIS has acknowledged these delays and has advised applicants to contact USCIS to speak to a customer service representative about the issue by calling 800-375-5283 (TTY 800-767-1833) Monday to Friday 8 am to 8 pm Eastern Standard Time. Applicants should continue to inquire until they have received their Request for Evidence by mail.

Once your Request for Evidence has arrived, if the stated deadline is not sufficient time to respond to the Request, you may still respond to the RFE, and include evidence proving that you received the Request for Evidence very late. This is very easy to prove because your envelope will include a stamp showing the date the Request for Evidence was mailed to you.

Applicants should also note that USCIS has extended its flexibility policy and will accept a response to a Request for Evidence received within 60 calendar days after the due date, so long as the RFE was issued between March 1, 2020, and October 23, 2022. This policy will also apply to late and missing RFEs that are re-issued by USCIS.

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