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Business Immigration in a Minute by Honigman LLP

August 2, 2021
  • On July 28, 2021, U.S. Immigration and Citizenship Services (“USCIS”) conducted a second random selection of H-1B registrants from the previously submitted FY2022 H-1B cap registrations to meet the fiscal year’s H-1B numerical allocations. The petition filing period based on the registrations selected on July 28, 2021 will begin on August 2, 2021 and close on November 3, 2021. Individuals with selected registrations will have their myUSCIS accounts updated to include a selection notice, which includes details of when and where to file.

  • USCIS announced that applicants must now call the USCIS Contact Center (800-375-5283) to reschedule biometric services appointments. USCIS is no longer accepting written requests from applicants to reschedule their appointments at application support centers in an effort to reduce paperwork and track requests more efficiently. Applicants must call before the date and time of their original appointment to reschedule.

  • USCIS announced that it is extending flexibilities for F-1 students affected by USCIS delays in issuing receipt notices for Form I-765 through October 31, 2021. F-1 students whose I-765 applications for Optional Practical Training were received between October 1, 2020 and October 31, 2021 may complete their 12-month practical training period within 14 months of the date of their Form I-765 approval, rather than 14 months from the date of their program completion. F-1 students who filed Form I-765 during this timeframe also have the option to refile Form I-765 after a rejection due to the USCIS delays. Further, USCIS will not initially reject an I-765 application for F-1 students who filed Form I-765 with a missing or deficient signature during this timeframe and allow applicants to cure the error by responding to a Request for Evidence.

  • The Department of Labor announced that it is changing the mailing address of the Office of Foreign Labor Certification’s Atlanta National Processing Center. Effective August 25, 2021, all mail for non-Supervised Recruitment cases must be sent to the following address: U.S. Department of Labor, Employment and Training Administration, Office of Foreign Labor Certification, 200 Constitution Avenue, NW, Room N-5311, Washington, DC 20210. This change in address impacts the PERM Notice of Filing a/k/a Internal Posting Notice (“IPN”) required pursuant to 20 CFR §656.10(d). The new mailing address must appear on all IPNs where the posting period begins after September 5, 2021.

  • Following a rise in COVID-19 cases, USCIS updated its national visitor policy to require all USCIS employees, on-site contractors, and visitors, regardless of vaccination status or level of COVID-19 transmission in a local area, to wear a mask inside all USCIS workspaces and federal buildings. All federal employees, on-site contractors, and visitors must continue to follow local USCIS guidance on physical distancing and workplace protection guidance consistent with Centers for Disease Control and Prevention (“CDC”) and agency guidance. Face coverings must cover both the mouth and nose while in a USCIS office. The CDC provides specific measures for selecting and wearing face coverings.

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