USCIS FINDS MONEY. NO FURLOUGHS IN FY 2020.

USCIS announced that it will not have to furlough 13,000 employees, which is about two-thirds its workforce.  The furloughs were set to begin on August 30, 2020.  The agency cited, “unprecedented spending cuts and a steady increase in daily incoming revenue and receipts,” as the reason for the recession of the furloughs.  USCIS first expected the furloughs to begin earlier in the summer.  Those were postponed until August 30.  They have now been further averted.

USCIS Deputy Director for Policy Joseph Edlow warned, “averting this furlough comes at a severe operational cost that will increase backlogs and wait times across the board, with no guarantee we can avoid future furloughs. A return to normal operating procedures requires congressional intervention to sustain the agency through fiscal year 2021.”

SEPTEMBER 2020 VISA BULLETIN: WHY NO MOVEMENT?

The Department of State has just issued the September 2020 Visa Bulletin. This is the last Visa Bulletin of Fiscal Year 2020. This blog post analyzes this month's Visa Bulletin.

September 2020 Visa Bulletin

Table A: Final Action Dates -- Applications with these dates may be approved for their Green Card (Permanent Residency card) or Immigrant Visa appointment.

Employment- based	All Other	CHINA	INDIA	PHILIPPINES
1st	C	01MAR18	01MAR18	C
2nd	C	15JAN16	08JUL09	C
3rd	01APR19	15FEB17	01OCT09	01APR19

MU Law Analysis

There was not much to report this month.  This Visa Bulletin showed no real movement in the categories, which was a bit surprising, although probably reflects the reality that very few immigrant visas are being issued overseas, and the USCIS is backlogged in immigrant visa processing.  Therefore, any movement in the categories was probably unnecessary.  USCIS’ backlog is expected to get worse in light of their forthcoming furloughs. 

MU Law expects the favorable employment-based visa dates to continue next fiscal year.  We explained why on this blog post.

DOS GUIDANCE ON NATIONAL INTEREST EXCEPTIONS

The Department of State released guidance on national interest exceptions to Presidential Trump’s April and June 2020 immigration bans which suspended the entry of certain immigrant visa applicants, applicants for H-1B, H-2B, L-1 visa, certain J-1 visa applicants, and spouses or children applying for H-4, L-2, or J-2 visas through December 31, 2020.

A final determination regarding a visa applicant’s eligibility for a national interest exception will be made at the Embassy or Consulate interview. 

The following, among others, will be considered for a national interest exception for H-1B and L-1 visa applicants:

1.   Public health or healthcare professionals, or researchers to alleviate the effects of the COVID-19 pandemic, or to conduct ongoing medical research in an area with a substantial public benefit.  This includes those traveling to alleviate secondary impacts not directly related to COVID-19, but adversely impacted by the pandemic.

2.   Those requested to come to the U.S. by a U.S. government agency to meet critical U.S. foreign policy objectives or to satisfy treaty or contractual obligations.

3.   Applicants entering the US to resume ongoing employment with the same employer in the same position and visa category.

4.   Technical specialists, senior level managers, and other workers whose travel is necessary to facilitate the immediate and continued economic recovery of the U.S.

5.   Senior level executive or manager filling a critical business need of an employer meeting a critical infrastructure need.

If the principal applicant qualifies for a national interest exception, any accompanying dependents will be able to receive the corresponding H-4, L-2, or J-2 visa. Applicants who are subject to aging out of their current immigrant visa classification by January 14, 2021 can contact the nearest U.S. Embassy or Consulate to request an emergency appointment.

If you need to travel internationally and you believe you may qualify for a national interest exception please contact your MU attorney.

DISTRICT COURT STOPS NEW PUBLIC CHARGE RULE

On July 29, 2020, a District Court Judge in New York stopped the USCIS and DOS from enforcing, applying, implementing, or treating as effective the new public charge rule during the national health emergency declared by President Trump due to Covid-19.  

On July 31, 2020 USCIS announced that in response to this ruling USCIS will not consider any information or documentation provided with the I-944 on applications filed after July 29, 2020.  In addition, the USCIS will not review information provided with respect to public benefits on the I-485, I-129, or I-539 filed after July 29, 2020.  

Applications for green cards postmarked after July 29, 2020 should not include the I-944 or provide information about the receipt of public benefits on the I-485, I-129, or I-539.  

To date, the DOS has not provided guidance on how it will comply with the ruling.

USCIS PUBLISHES FILING FEE INCREASE

On July 31, 2020, the USCIS published a rule that will increase or decrease USCIS filing fees.   The new fees for most business immigration filings are in the table, below.  You can find a full list of new fees here. The new fees go into effect October 2, 2020. 

Form	Current Fee	New Fee	Change
I-129	$460	$460	+$0
I-130	$535	$560	+$25
I-140	$700	$555	-$145
I-485	$1225	$1160	-$65
I-539	$370	$400	+$30
I-765	$410	$550	+$140

USCIS last raised their fees in 2016.  USCIS fees basically pay for the entire USCIS budget.  Very little of the USCIS’s budget comes from federal tax dollars.

USCIS’s budget has recently received news coverage, as the USCIS has indicated they are planning to furlough 13,000 workers due to a budget shortfall.  The USCIS has requested $1.2 billion in emergency funding from Congress.