News in Brief

H-1B FY2022 Season: Time to Start Process Well in advance of the March 20, 2021 Registration Deadline: Employers who seek to register their employees for the FY2022 H-1B lottery are encouraged to gather necessary documents now to avoid any delays in registering and processing your paperwork.

EADs automatically extended to 10/4/2021 for TPS Recipients from El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan: DHS has automatically extended the validity of Employment Authorization Documents (EADs) issued under the TPS designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan through October 4, 2021.

USCIS Again Extends Time Permitted to Respond to Certain Requests: USCIS again extended its policy of additional time to respond to certain agency requests. USCIS permits an additional 60 days to respond to requests for evidence, continuations to request for evidence, notices of intent to deny, notices of intent to revoke, notices of intent to rescind, motions to reopen an N-400, filing date requirements for the N-336, and filing date requirements for the I-290B. This applies to all notices listed on the request, notice, or decision from March 1, 2020, through January 31, 2021.

Court Victory on USCIS Blank Space/Rejection Policy: In a recent a lawsuit challenging USCIS’s blank space/rejection policy, USCIS capitulated and agreed to pause implementation of the rejection policy starting December 24, 2020.   

Update on Opening of BIA and the Immigration Courts: Most immigration courts and the Board of Immigration Appeals (BIA) have reopened for non-detained hearings. Hearings in non­detained courts without an announced date are postponed through, and including, January 8, 2021. All courts continue to accept notices of appeal, briefs, and motions. Almost all courts continue to hear detained cases. Since reopening, dozens of courts have experienced closures related to possible COVID-19 exposures. In the month of December alone, there have been over 20 court closures nationwide, most of which pertain to COVID-19.

Trump Administration Claims Facebook Improperly Reserved Jobs for H-1B Workers: DOJ filed suit against Facebook, alleging that it intentionally discriminated against U.S. citizen workers by designing a recruitment process that deters U.S. workers from applying, not considering U.S. workers, and hiring only temporary visa holders.