INTRODUCTION
August was a very active month for US Immigration. GLF provided updates via Google, LinkedIn, Twitter, on numerous US Immigration matters including:
- USCIS Field Offices to Schedule Interviews Outside Business Hours.
- Covid-19 Vaccine will be mandatory for “Green Card” from October 1.
- Form I-129 to be made Visa Specific.
- I-693 validity extended to 4 Years.
- Social Security Card can now be requested on the I-485 Application.
- Change in Atlanta NPC address (For Perm).
- To Reschedule Biometrics Appointments, you must now call USCIS.
- H-1b Lottery – Second Round Completed.
We at GLPO post regular updates on our Google, LinkedIn and Twitter handles. Additionally, we also periodically send out GLF Newsletters when the subject matter is extensive and relevant for a detailed analysis. Presented below is a consolidated summary of updates posted on GLF’s Google, LinkedIn, Twitter, handles for August 2021.
USCIS FIELD OFFICES TO SCHEDULE INTERVIEWS OUTSIDE BUSINESS HOURS
USCIS have started scheduling interviews outside their normal business hours – in the early mornings and on Saturdays. Earlier this year, numerous changes were introduced in conducting interviews such as: interviews via video and at the window due to the pandemic. Also, USCIS had started scheduling Naturalization Oath Ceremonies on Saturdays to address current backlogs.
Applicants, please note:
- If you are unable to attend your scheduled interview, please get in touch with USCIS Contact Center (800-375-5283) and have your interview rescheduled.
- If your interview is scheduled outside your home jurisdiction, please ask for your
Attorney’s assistance in moving the case back to your home jurisdiction.
COVID-19 VACCINE WILL BE MANDATORY FOR “GREEN CARD” FROM OCTOBER 1
Starting October 1, 2021, all applicants for Lawful Permanent Residence (“Green Card”) must be vaccinated for COVID-19 and must provide proof of vaccination. Civil Surgeon must physically inspect and confirm the COVID-19 formulation and the number of doses given. Form I-693 Report of Medical Examination and Vaccination Record must include vaccination record, copy of a medical chart with physician entries by appropriate medical personnel
- Self-reported vaccine doses without written documentation will not be accepted
- Applicants are expected to complete their entire vaccine series (1 or 2 doses depending on formulation) in addition to the other routinely required vaccines
- Exceptions to this requirement are:
- Applicants who are too young to receive the vaccine,
- Those who have a medical contraindication to the vaccine, or
- Those who do not have access to one of the approved COVID-19 vaccines in their countries.
- Individuals may also apply for a waiver based on religious or moral convictions
FORM I-129 TO BE MADE VISA SPECIFIC
USCIS had proposed to split up Form I-129 which was common to most nonimmigrant visas into individual visa specific forms. Until now, Form I-129 was accompanied by supplements depending on the visa type. Form I-129 was divided into visa specific forms, such as: I-129H1B, I-129H2A, I-129H2B, I-129E, 129TN, I-129L, I-129MISC, and I-129O. USCIS issued a notice requesting the public to offer comments by October 18, 2021 (60-day notice and comment period).
I-693 VALIDITY EXTENDED TO 4 YEARS
USCIS had extended the validity period of Form I-693 (Report of Medical Examination and Vaccination Record) from 2 to 4 years, from August 12, 2021. However, I-693s must be signed and dated by the Civil Surgeon no more than 60 days prior to submission to USCIS.
If an I-485 receives a medical RFE (asking for new I-693) on the grounds that the I-693 on file is over 2 years old, please check if the applicant’s I-693 will remain valid under the new 4-year extension policy. If yes, applicants should respond to the RFE by citing to the recent policy change, rather than including a new I-693. This way RFEs can be responded to quickly and thereby improving the chances of an I-485 being approved before September 30, 2021. This is a welcome policy change that should help USCIS fast track approval of I-485s before September 30, 2021, so visa numbers don’t go unused this current fiscal year.
SOCIAL SECURITY CARD CAN NOW BE REQUESTED ON THE I-485 APPLICATION
Green Card Applicants can now request Social Security Card (SSN) on Form I-485. Applicants were earlier applying for SSN at the Social Security Administration office after “green card” issuance. USCIS had revised Form I-485, to include additional questions allowing SSN to be requested.
With this change, after approving I-485, USCIS will electronically transmit the data to the Social Security Administration, and they will automatically assign an original SSN or issue a replacement card, as requested. This arrangement with the Social Security Administration will involve no additional fees.
CHANGE IN ATLANTA NPC ADDRESS (FOR PERM)
Effective August 25, 2021, there was a change in the mailing address for the Atlanta National Processing Center. The new mailing address is as follows:
U.S. Department of Labor
Employment and Training Administration
Office of Foreign Labor Certification
200 Constitution Avenue NW, Room N-5311
Washington, DC 20210
US Employers were expected to list the new ANPC address on a PERM Notice of Filing if the requisite 10-day notice period begins after September 5, 2021. For notices where posting begins on or before September 5, 2021, employers were advised to include both addresses on their Notice of Filing, with an explanation that any correspondence must be sent to the new ANPC address as of August 25, 2021.
Supervised Recruitment mail should continue to be sent to the following address:
- U.S. Department of Labor
- Employment and Training Administration
- Office of Foreign Labor Certification
- Atlanta National Processing Center
- Attn: Supervised Recruitment
- P.O. Box 56625, Atlanta, GA 30343
- In addition, OFLC had confirmed with AILA that Supervised Recruitment mail sent (via courier)
- should be sent to the following address:
- U.S. Department of Labor
- Employment and Training Administration
- Office of Foreign Labor Certification
- Attn: SR Team
- 200 Constitution Avenue, NW, Room N-5311
- Washington, DC 20210
Using an incorrect ANPC address on the PERM Notice of Filing could lead to a denial if the DOL
audits the application.
TO RESCHEDULE BIOMETRICS APPOINTMENTS, YOU MUST NOW CALL USCIS
USCIS had announced that the Biometrics Processing Unit (BPU) in Alexandria, VA is now closed and as such, USCIS will not accept written requests for Rescheduling Biometric appointments. Applicants were advised to call USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) before they near their scheduled appointment date and establish a good cause for rescheduling.
H-1B LOTTERY – SECOND ROUND COMPLETED
On July 28, 2021, USCIS completed the second round of H-1B lottery, from the previously submitted pool of electronic registrations, to reach the FY 2022 numerical allocation. The petition filing period for this round of selections started from August 2, 2021, until November 3, 2021.
SIGN UP FOR GLF NEWSLETTER
At GLF, we will continue to follow further developments in the above discussed and other matters, while we provide updates through our Newsletter as and when they become available. GLF receives numerous emails and phone calls every day seeking comments on various proposed bills and media reports that are often inaccurate. It is our job to separate fact from fiction and advice clients on important and relevant updates. The best way to receive accurate information is through GLF Newsletters.
We encourage you (and your employees) to sign up for GLF Newsletter. If you have not already signed up to receive our Newsletters, please do so by visiting www.gokarelaw.com and signing up under the Newsletter Tab. All we need is your name and email address which takes very little time to sign up. You can also review all of our earlier GLF Newsletters on our website.