Latest developments in immigration: visa ban lifted, visa processing reintroduced abroad and upcoming rulings by the Supreme Court | Tarter Krinsky & Drogin LLP


Repeal of the Presidential Proclamation 10014 – Travel ban for applicants for an immigrant visa

On February 24, President Biden issued a proclamation lifting the immigrant visa ban that suspended foreigners from entering the United States in immigrant visa categories. Immigrant visas are only issued at consular posts overseas to foreigners who are immigrating permanently to the United States. These individuals can be sponsored by family members or US employers. In addition, the revocation also affects the thousands of applicants for the diversity lottery that are located outside of the United States.

Important changes with immediate effect:

  • Proclamation 10014 – the “ban” on the immigrant visa was lifted immediately;

  • The proclamation states that the ban will prevent the US from capitalizing on global talent and prevent immediate relatives of US citizens and other lawful permanent residents from meeting with family members in the United States; and

  • The winners of the diversity lottery were also prevented from entering the USA.

The ban, originally enacted in April 2020 by the previous government, should expire at the end of March 2021.

Foreign nationals legally resident in the United States still have their eligibility to apply for permanent residence status adjustment in the United States. No limit has been placed on such applications as the executive branch has no power to adjust the status of applicants currently in the United States. It was assumed that the executive had only those who would like to enter the United States.

It is important to note that the lifting of the travel ban primarily affects family immigration and that this ban does not lift the work visa ban issued by the pre-administration in June 2020. Proclamation 10052, The ban on certain temporary nonimmigrant visa holders, including H-1, L-1, and J-1 visa holders, will expire on March 31, 2021.

Rule on Public Prosecution Heard by the Supreme Court

The Supreme Court has agreed to hear arguments and determine the legality of the previous administration’s rule prohibiting individuals from being granted permanent residence in the United States if they have previously received public benefits or are likely to be permanently immigrated to the United States public indictments could have amassed in the various federal judicial districts. The rule, announced on August 19, 2019 and coming into effect in February 2020, states that foreigners may be denied entry to the United States if they have received or are expected to receive government benefits. The public tax rule applies to those likely to receive Medicaid, monetary aid, and federal housing allowances. Immigration advocates are expected to argue that the rule violates federal immigration and administrative rules by improperly expanding the legal definition of public charge.

USCIS Announces Expansion of Premium Processing Option for Australian E-3 Citizens

The E-3 nonimmigrant visa, which is exclusive to Australian citizens employed in specific occupations in the United States, now has the option to process their ‘Premium Process’ nonimmigrant applications. On February 24, the United States Citizenship and Immigration Services (USCIS) announced that it would allow E3 visa holders to expedite their application renewal, change of employer, or perform “premium processing” with immediate effect. This will ease the burden on Australians currently residing in the United States who may not be able to travel to US consular posts abroad for new visa stamps to continue their current employment or to get a new job Looking for. The award processing option gives applicants the option to pay an additional government-mandated award processing fee of $ 2,500 to ensure the government decision is made within 15 calendar days and allow foreigners to find new employment after a new petition is issued without the need to go to a consular post to get a work permit for a new U.S. employer.

Category E-3 requires certain criteria, including that the foreign national be an Australian citizen, have a legitimate job offer, have the necessary education or other qualifying credentials to meet the U.S. salary offer, and the position in which they hold a position Completes that the US government must be qualified for a specialty occupation. The definition used for holders of an E-3 specialty work visa is similar to the definition of the H-1B visa and requires the foreigner to have knowledge generally acquired through the acquisition of a bachelor’s degree or higher in order to enter the profession can The United States.

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