ImmiPartner - Immigration News Update - March 1, 2021

USCIS extends flexibilities to certain OPT applicants: On February 24, 2021, USCIS announced flexibilities for certain F-1 students affected by delayed receipt notices for Form I-765, OPT Employment Authorization. We continue to urge all OPT/STEM OPT applicants to consult their DSOs to thoroughly review and submit complete and correct applications in a timely manner. 

These flexible measures apply only to applications received on or after Oct. 1, 2020, through May 1, 2021 and includes the following:

• 14 months OPT period: F-1 students may participate in up to 12 months of post-completion OPT, which must be completed within 14 months from the end of their program. Due to the delays at the lockbox, some applicants may only be eligible for a shortened period of OPT within that 14-month period. To allow F-1 students to complete the full period of requested OPT (up to 12 months), USCIS will allow the 14-month period to commence from the date of approval of the Form I-765 for applications for post-completion OPT.
  Beginning February 26, 2021, USCIS will approve applications for post-completion OPT with validity dates reflecting the same amount of time originally recommended by the designated school official (DSO) from their school on the Form I-20, Certificate of Eligibility for Nonimmigrant Student Status.
  F-1 students requesting post-completion OPT who receive an approval of Form I-765 for less than the full amount of OPT time requested (not to exceed 12 months) due to the requirement that the OPT be completed within 14 months of the program end date may request a correction of the EAD due to USCIS error. USCIS will issue a corrected EAD with a new end date, as requested, to cover the full amount of OPT time recommended in the original application.

• Refiling due to rejection: Applicants for OPT must file the Form I-765 during certain timeframes. However, USCIS recognizes that due to the lockbox delays, some applicants who timely filed Form I-765 for OPT and whose applications were later rejected are unable to timely refile within the required application timeframes. As such, USCIS will accept a refiled Form I-765 for OPT and STEM OPT as filed on the original filing date if: (1) the original, timely filed application was received on or after Oct. 1, 2020, through May 1, 2021, inclusive; and (2) USCIS subsequently rejected it.
  Refiled applications must be received by May 31, 2021, for USCIS to treat the application as though filed on the original received date. Refiling applicants need not request an updated I20 from DSOs and must include a copy of reject notice with their refiling request.

• Missing Signatures:  Applications with missing or deficient signatures are generally rejected. However if the lockbox accepts an OPT or STEM OPT EAD request with missing signatures, they now will issue an RFE to offer the applicant an opportunity to correct the deficiency rather than denying the application as a whole. 

Trump administration’s immigrant visa ban revoked: On February 24, 2021, President Biden revoked the ban that suspended entry of foreign nationals on immigrant visas (i.e. green card visas issued at consulates). Please note that President Biden’s revocation of the immigrant visa ban does not affect the nonimmigrant visa ban affecting H-1B, L-1, H-2B, and J-1 visa status holders, which is set to expire on March 31, 2021. 

The April 2020 ban issued by the Trump administration affected immigrant visa (green card) applicants who are physically outside of the U.S. from applying and entering the US until March 31, 2021. However, it is important to note that due to the severe backlog of cases exacerbated by the pandemic, those trying to process immigrant visa (green card) cases at U.S. consular posts will likely continue to face processing delays. 

Premium Processing expands to E-3 petition: As of February 24, 2021, USCIS will begin allowing premium processing services for E-3 petitions, affecting professional workers who are Australian nationals. USCIS adjudicates premium processing requests within 15 business days from date of case receipt.

US extends non essential travel ban at land borders between Canada and Mexico: On February 22, 2021, the U.S. Department of Homeland Security extended the non-essential travel ban between Canada and Mexico to all land border crossings until March 21, 2021. The  ban does not apply to: (1) U.S. citizens and lawful permanent residents returning to the United States, (2) essential travel (i.e. individuals traveling for medical reasons, emergency or public health purposes, travel to work, etc.), nor (3) air or sea travel. 

Biden’s Immigration Bill introduced in the Congress: On February 18, 2021, the Biden administration formally introduced the U.S. Citizenship Act of 2021 in Congress. We will have more analysis in the coming days but some of the key takeaways of the current bill include: (1) creating a path to citizenship for undocumented individuals who were physically present in the United States on or before January 1, 2021, provided that they pass criminal and security background checks and pay their taxes; (2) reforming employment-based immigration by clearing visa backlogs, recapturing unused visas, reducing lengthy wait times, and eliminating per-country visa caps. The bill also will introduce measures to make it easier for graduates of U.S. universities with advanced STEM degrees to stay in the United States. We will provide more analysis and information in the coming days; and (3) reforming family-based immigration by by clearing backlogs, recapturing unused visas, eliminating lengthy wait times, and increasing per-country visa caps. It also eliminates the “3 and 10-year bars'' currently in place when an individual has accrued unlawful presence in the U.S. The bill further expands the definition of family by more explicitly including permanent partnerships and eliminating discrimination facing LGBTQ+ families.