H1B Visa Lawyer Blog

USCIS announced on Wednesday, July 1st, that they were extending the flexibilities that they originally announced on March 30th. These flexibilities are for responding to certain requests from the USCIS, some are listed below:

• Requests for Evidence;
• Continuations to Request Evidence (N-14);

USCIS operations are mostly funded by applicants and petitioners’ fees, with the drop in applications that start in March and has continued until their reopening in June. The drop-in fees are mainly due to the COVID-19 pandemic which caused the USCIS facilities closures! USCIS Deputy Director, Joseph Edlow released a statement on USCIS fiscal outlook:

“The effects of the coronavirus pandemic are long reaching and pervasive, leaving few unscathed in its wake. USCIS is still experiencing those very effects, which began with an alarming drop in applications at the end of March. Forecasts predict a crippling budget shortfall that requires assistance from Congress to allow USCIS to maintain current operations.

“Since May, USCIS has worked with Congress to explain the financial situation and educate members and staff on the needs of the agency. Recognizing the need to not let taxpayers carry this burden, USCIS’ proposal to Congress includes a requirement that any funding provided by Congress will be paid back to the U.S. Treasury. Both the Acting Secretary of Homeland Security and the Office of Management and Budget have written to Congress supporting this proposal. Without congressional action before August 3, USCIS will need to furlough over 13,000 staff members, which will have tremendous negative impacts on our mission administering our nation’s lawful immigration system, safeguarding its integrity, and protecting the American people. We urge Congress to provide the funding needed to pay our dedicated staff and ensure our operations continue uninterrupted during these unprecedented times.”

USCIS published a brief statement on the Presidential Proclamation, “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak” issued on June 22^nd by President Trump.

USCIS Deputy Director for Policy, Joseph Edlow stated, “Monday’s presidential proclamation temporarily restricts certain categories of visas from being issued to protect jobs for American workers while our economy recovers from the effects of COVID-19. This does not affect those currently working in the U.S. on valid H-1B or similar visas. The proclamation also does not prevent individuals in possession of valid visas prior to the effective date of the proclamation from entering or re-entering the country, if they have been abroad, provided they have not otherwise rendered themselves inadmissible. The U.S. will continue to honor these already valid visas as we help American workers get back on their feet.”

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