USCIS Implements Risk-Based Approach for Conditional Permanent Resident Interviews

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced a policy update to adopt a risk-based approach when waiving interviews for conditional permanent residents (CPR) who have filed a petition to remove the conditions on their permanent resident status.

Effective immediately, new criteria will guide USCIS officers on when to waive interviews for CPRs who filed a Form I-751, Petition to Remove Conditions on Residence. This update replaces previous agency guidance that required all CPRs to undergo an interview if they obtained CPR status via consular processing.

“Implementing a risk-based strategic approach to the CPR-interview process will increase efficiencies that improve processing times, allow for a better use of agency staffing resources, and help reduce the pending caseload while still maintaining procedures to identify fraud and protect national security,” said USCIS Director Ur M. Jaddou. “This update is consistent with agency priorities to break down barriers in the immigration system, eliminate undue burdens on those seeking benefits, and effectively respond to stakeholder feedback and public concerns.” Read more at: https://www.uscis.gov/newsroom/news-releases/uscis-implements-risk-based-approach-for-conditional-permanent-resident-interviews

Contact Darren Heyman, immigration attorney, for more information.

DHS and DOL to Supplement the H-2B Cap with Additional Visas for Second Half of Fiscal Year 2022

WASHINGTON —The Department of Homeland Security (DHS) and the Department of Labor (DOL) today announced the forthcoming publication of a joint temporary final rule to make available an additional 35,000 H-2B temporary nonagricultural worker visas for the second half of fiscal year (FY) 2022. These visas will be set aside for U.S. employers seeking to employ additional workers on or after April 1, 2022, through Sept. 30, 2022.

“Informed by current demand in the labor market, today we are announcing the availability of an additional 35,000 H-2B visas that will help to support American businesses and expand legal pathways for workers seeking to come to the United States,” said Secretary Alejandro N. Mayorkas. “Recognizing the importance of strong worker protections, we will apply greater scrutiny to those employers who have a record of violating obligations to their workers and the H-2B program.” Read more at: https://www.uscis.gov/newsroom/all-news/dhs-and-dol-to-supplement-the-h-2b-cap-with-additional-visas-for-second-half-of-fiscal-year-2022

Contact Darren Heyman, immigration attorney, for more information.

USCIS Extends Flexibility for Responding to Agency Requests

In response to the COVID-19 pandemic, U.S. Citizenship and Immigration Services is extending certain flexibilities through July 25, 2022, to assist applicants, petitioners, and requestors. We anticipate this may be the final extension of these flexibilities. USCIS will consider a response received within 60 calendar days after the due date set forth in the following requests or notices before taking any action, if the issuance date listed on the request or notice is between March 1, 2020, and July 25, 2022, inclusive:

• Requests for Evidence;

• Continuations to Request Evidence (N-14);

• Notices of Intent to Deny;

• Notices of Intent to Revoke;

• Notices of Intent to Rescind;

• Notices of Intent to Terminate regional centers; and

• Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant. Read more at: https://www.uscis.gov/newsroom/alerts/uscis-extends-flexibility-for-responding-to-agency-requests-1

Contact Darren Heyman, immigration attorney, for more information.