USCIS Returns to Concurrently Processing H-4 and L-2 Dependent Applications

Pursuant to a recent settlement agreement, USCIS has agreed to resume its earlier practice of adjudicating I-539 status extensions and I-765 work permit applications at the same time that the principal’s I-129 is adjudicated - a.k.a. “bundling.” In recent years, dependents’ status extension and work permit applications would be adjudicated several months or even years later than the principal’s status extension filing. “Bundling” is only available for concurrently filed applications and will be applied to matters filed under regular or Premium Processing. The practice should be in effect for at least two years.

© Jewell Stewart & Pratt PC 2023

Negative COVID Test Required for all Travelers from China

March 15, 2023 update: CDC posted a notice in the Federal Register effective March 10, 2023, rescinding pre-flight testing requirement for persons traveling from China.

Original post:

Starting at 12:01 AM ET on January 5, all passengers originating from China, Hong Kong, and Macau will be required to provide a negative COVID test or documentation of recovery to board a flight to the United States. The requirement applies to all travelers regardless of nationality or vaccination status.

According to the CDC alert:

“[A]ll air passengers two years and older originating from the PRC will be required to get a test (such as a PCR test or an antigen self-test administered and monitored by a telehealth service or a licensed provider and authorized by the Food and Drug Administration or the relevant national authority) no more than 2 days before their departure from the PRC, Hong Kong, or Macau, and show a negative test result to the airline upon departure.

• The requirement applies to these air passengers regardless of nationality and vaccination status.

• This will also apply to persons traveling from the PRC via third country transit and to passengers connecting through the United States onward to further destinations.

• Along with applying this requirement to direct flights from the PRC, passengers transiting Incheon International Airport, Toronto Pearson International Airport, and Vancouver International Airport on their way to the United States will be required to provide a negative COVID-19 test if they have been in the PRC in the last 10 days no more than 2 days before their departure to the United States. These three transit hubs cover the overwhelming majority of passengers with travel originating in the PRC and the Special Administrative Regions. We will continue to monitor travel patterns, adjust our approach as needed, and keep Americans informed in a timely manner.

• Passengers who tested positive more than 10 days before the flight can provide documentation of recovery from COVID-19 in lieu of a negative test result.

• Airlines must confirm the negative COVID-19 test result or documentation of recovery for all passengers before they board or deny boarding to the passenger.”

The U.S. Embassy in Beijing also provides further information regarding entry/exit requirements and testing/vaccine availability on its website. Not that the CDC’s order regarding proof of vaccination is still in effect. For additional information, the CDC’s COVID travel page is available here and includes a Travel Assessment Tool. Persons traveling in or visiting China should also be aware that many of the Embassy/Consular locations are not providing regular visa services due to COVID’s operational impacts.

© Jewell Stewart & Pratt PC 2023

Green Cards Extended for Naturalization Applicants

Effective December 12, 2022, USCIS updated its Policy Manual to automatically extend the validity of green cards for Lawful Permanent Residents who have applied for naturalization. Form N-400 receipt notices will include an automatic two-year extension of the green card. The receipt may be used along with the expired green card as proof of lawful permanent resident status. Given long agency processing times, this automatic extension will help applicants avoid a Form I-90 green card renewal filing. The new policy extends to all applicants who file a Form N-400 on or after December 12, 2022.

Relatedly, in September 2022, USCIS announced that applicants filing an I-90 green card renewal would receive a two-year extension printed on the receipt notice, which may be used as proof of lawful permanent resident status.

© Jewell Stewart & Pratt PC 2022

Biden Administration's Public Charge Rule Takes Effect Dec. 23, 2022

As background, in a new rule issued September 29, 2022, the Biden Administration clarified and aligned the existing Public Charge rule with long-standing USCIS practice, which requires most “green card” applicants to show that they will not need to primarily rely on public assistance if they become a U.S. permanent resident.

The new rule requires additional disclosures from most applicants filing I-485 applications for Adjustment of Status. The additional information required on the revised Form I-485 includes the following for each applicant:

• Household size

• Household income

• Household assets

• Household liabilities

• Highest level of education

• Certifications, licenses, and educational certificates earned

• Whether the applicant has received Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), or State, Tribal, territorial, or local, cash benefit programs for income maintenance (often called “General Assistance” in the State context)

• Whether the applicant has ever received long-term institutionalization at government expense

Note that unlike a previous version of the public charge rule, documentation of the above is not required in initial filings.  USCIS will issue a “Request for Evidence” if it requires further information to process your case.  As mentioned the Form I-485 has been updated to require this new information and the new form must be used for filings postmarked on or after the effective date of December 23, 2022.

 © Jewell Stewart & Pratt PC 2022

Entry for 2024 Diversity Visa Lottery Program Now Open

The U.S. Department of State’s instructions for the 2024 Diversity Immigrant Visa Program (DV-2024) are now available and entries must be submitted electronically by November 8, 2022 at 12PM ET.

Persons born in the following countries are NOT eligible to apply:

Bangladesh, Brazil, Canada, China (including Hong Kong SAR), Colombia, Dominican Republic, El Salvador, Haiti, Honduras, India, Jamaica, Mexico, Nigeria, Pakistan, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, Venezuela, and Vietnam.

Natives of Macau SAR and Taiwan are eligible.

Eligibility requirements and entry instructions are on the U.S. Department of State’s DV lottery web site.

The congressionally-mandated Diversity Immigrant Visa Program is administered annually by the Department of State under Section 203(c) of the Immigration and Nationality Act (INA). This law provides for a class of immigrants known as diversity immigrants, with visas made available to persons from countries with historically low rates of immigration to the United States. For fiscal year 2024, 55,000 diversity visas will be available.

© Jewell Stewart & Pratt PC 2022

H-1B "cap" reached for FY 2023

U.S. Citizenship and Immigration Services (USCIS) announced on August 23, 2022 that it has received a sufficient number of H-1B petitions to reach the statutory H-1B visa “cap” for fiscal year (FY) 2023. 

The USCIS announcement states:

USCIS has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2023.

We have completed sending non-selection notifications to registrants’ online accounts. The status for registrations properly submitted for the FY 2023 H-1B numerical allocations, but that were not selected, will now show:

• Not Selected: Not selected – not eligible to file an H-1B cap petition based on this registration.

We will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap number, are exempt from the FY 2023 H-1B cap. We will continue to accept and process petitions filed to:

• Extend the amount of time a current H-1B worker may remain in the United States;

• Change the terms of employment for current H-1B workers;

• Allow current H-1B workers to change employers; and

• Allow current H-1B workers to work concurrently in additional H-1B positions.

No further selections for new H-1B petition filings will take place for FY 2023, and the next registration period for FY 2024 will take place sometime in Q1 2023.

© Jewell Stewart & Pratt PC 2022

Seven JSP lawyers selected for inclusion in Super Lawyers® for 2022

Jewell Stewart & Pratt (JSP) is pleased to announce that seven of its lawyers have been selected for inclusion in Northern California Super Lawyers® in 2022. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas, including immigration, who have attained a high degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations.

Founder & Principal Phyllis Jewell was named a Super Lawyer at the inception of the Northern California Super Lawyers list in 2004, and has been named to the list each year from 2004 to 2013, and 2015 to present. Principal & Managing Attorney Claire Pratt has been named to the Super Lawyers list from 2019 to present, having previously received Rising Stars designation since 2015. Principal Chris Beckerson was named to the Super Lawyer list for this first time this year, having received “Rising Stars” designation from 2015-2019. In addition, Of Counsel Wendy Stewart has been included in the Super Lawyers list from 2021 to present. Only 5 percent of lawyers in a state are selected for inclusion in Super Lawyers. 

Principal Jennifer Carr has been selected in Rising Stars from 2017 to present. In addition, Associate Attorneys Zdeni Amadio and Nicole Tahtouh have been selected as Rising Stars since 2020. To be eligible for inclusion in Rising Stars, a candidate must be either 40 years old or younger or in practice for 10 years or less. No more than 2.5 percent of lawyers in a state are named to Rising Stars.

With the firm’s seven selectees, JSP represents 8% of all Super Lawyers in the immigration practice area in Northern California, further solidifying JSP’s recognition within the legal community as an outstanding firm. Congratulations to Phyllis, Claire, Chris, Jennifer, Wendy, Zdeni, Nicole, as well as the entire JSP team!

© Jewell Stewart & Pratt PC 2022

CDC Eliminates COVID-19 Testing Requirement for Air Arrivals

 On Sunday, June 12, CDC rescinded the COVID-19 testing order for U.S. air arrivals. Note that the vaccine requirements for non-USCs/LPRs are still in place as follows:

• Air travel: https://www.cdc.gov/coronavirus/2019-ncov/travelers/proof-of-vaccination.html#faq

• Land border: https://www.dhs.gov/news/2021/10/29/fact-sheet-guidance-travelers-enter-us-land-ports-entry-and-ferry-terminals

Finally, a reminder that documented recovery or proof of antibodies cannot replace the vaccine requirement. Boosters are not currently required to meet the vaccine requirement. 

© Jewell Stewart & Pratt PC 2022

Four JSP Lawyers Recognized by Who’s Who Legal in Corporate Immigration for 2022

Jewell Stewart & Pratt is pleased to announce that lawyers Phyllis Jewell, Wendy Stewart, Claire Pratt, and Helga Carson have been selected by Who’s Who Legal (“WWL”) as Global Leaders in Corporate Immigration for 2022. Phyllis Jewell has additionally been recognized as a “Thought Leader” in the field. The firm’s WWL profile may be found here; and Claire Pratt’s biography, where she receives plaudits for “provides tremendous value for all parties involved” and her “unparalleled” knowledge of U.S. immigration may be found here.  

Nominees for WWL are selected based upon a comprehensive, independent survey of both general counsel and private practice lawyers worldwide. Only specialists who have met stringent independent research criteria are listed. The publication features leading corporate immigration attorneys who come highly regarded for their experience in assisting corporate entities navigate the increasingly complex regulatory environments in jurisdictions around the world through sophisticated immigration planning and counseling advice. Congratulations to Phyllis, Wendy, Claire, and Helga!

© Jewell Stewart & Pratt PC 2022

H-1B "cap" reached for FY 2023

On March 29, 2022, U.S. Citizenship and Immigration Services (USCIS) announced that it has received a sufficient number of H-1B petitions to reach the statutory H-1B visa “cap” for fiscal year (FY) 2023. 

The USCIS announcement states:

“We randomly selected from among the registrations properly submitted to reach the cap. We have notified all prospective petitioners with selected registrations that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration. Registrants’ online accounts will now show one of the following statuses for each registration (that is, for each beneficiary registered): 

• Submitted: The registration has been submitted and is eligible for selection. If the initial selection process has been completed, this registration remains eligible, unless subsequently invalidated, for selection in any subsequent selections for the fiscal year for which it was submitted.

• Selected: Selected to file an H-1B cap petition.

• Denied: Multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary. If denied as a duplicate registration, all registrations submitted by or on behalf of the same registrant for this beneficiary for the fiscal year are invalid.

• Invalidated-Failed Payment: A registration was submitted but the payment method was declined, rejected, disputed, or cancelled after submission

… H-1B cap-subject petitions for FY 2023, including those petitions eligible for the advanced degree exemption, may be filed with USCIS beginning April 1, 2022, if based on a valid, selected registration. Only petitioners with selected registrations may file H-1B cap-subject petitions for FY 2023, and only for the beneficiary named in the applicable selected registration notice.”

In the 2021 (FY 2022) season, a second and third selection process took place in August and November, respectively, to make unused H-1B visas available. USCIS has not yet announced when such a selection might take place in 2022 (FY 2023).

© Jewell Stewart & Pratt PC 2022