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Immigration News Briefs

Provided by Humera Subhani

August 2021

Further protections for U visa applicants

USCIS on June 14 has updated its policy manual to implement a new process, referred to as Bona Fide Determination, which will give victims of crime in the United States access to employment authorization sooner, providing them with stability and better equipping them to cooperate with and assist law enforcement investigations and prosecutions.

Through this new process, USCIS will issue employment authorization and grant deferred action to petitioners in the United States with pending U visa petitions that it determines are bona fide (made in good faith and without intention of deceit or fraud) and who merit a favorable exercise of discretion. To be considered bona fide, the petition must include a certification from law enforcement that the petitioner was a victim of a crime and that the victim has been, is being or is likely to be helpful in the investigation or prosecution of that crime.

USCIS will deem a petition bona fide if:

The principal petitioner properly filed Form I-918, including Form I-918B U Nonimmigrant Status Certification;
The principal petitioner properly filed a personal statement from the petitioner describing the facts of the victimization; and
The result of the principal petitioner’s biometrics has been received.

USCIS will issue employment authorization for four years and deferred action after conducting and reviewing background checks.

This guidance is effective immediately and applies to all Form I-918 and Form I-918A petitions that are currently pending or filed on or after June 14, 2021.

Immigrant visa delays at U.S. consulates

After enduring the Covid-19 pandemic for over a year, most U.S. embassies and consulates are not operating at full capacity. Due to limited appointment availability, a significant backlog was created for immigrant (IV) and nonimmigrant visa (NIV) applicants waiting for visa interviews.

The Department of State (DOS) prioritizes serving U.S. citizens abroad, which means that foreign national visa applicants are not a top priority. Among foreign national applicants, the DOS is prioritizing IV applications. However, as of May 2021, there were more than 500,000 IV applications in DOS’s backlog. The pace at which interviews can be scheduled depends on the volume, type of visa, local conditions and government restrictions on movement and gathering. A reduced number of applicants are processed each day to abide by social distancing and other preventative measures. Once it is safe, routine visa services will resume.

U.S. embassies and consulates are using a tiered approach to triage immigrant visa applications. Scheduling of appointments are prioritized as follows:

TIER 1: Immediate relative intercountry adoption visas, age-out cases (cases where the applicant will soon no longer qualify due to their age), and certain special immigrant visas (SQ and SI for Afghan and Iraqi nationals working with the U.S. government)

TIER 2: Immediate relative visas; fiancé(e) visas; and returning resident visas

TIER 3: Family preference immigrant visas and SE Special Immigrant Visas for certain employees of the U.S. government abroad

TIER 4: All other immigrant visas, including employment preference and diversity visas.

APPLICATION FINAL ACTION DATES FOR AUGUST 2021

FAMILY	India	Pakistan/Bangladesh
1st	15Nov14	15Nov14
2A	Current	Current
2B	22Sep15	22Sep15
3rd	08Nov08	08Nov08
4th	01Sep05	01Mar07

EMPLOYMENT	India	Pakistan/Bangladesh
1st	Current	Current
2nd	01Jun11	Current
3rd	01Jan13	Current
Other	01Jan13	Current
4th	Current	Current
5th	Current	Current1B

DATES FOR FILING VISA APPLICATIONS - AUGUST 2021

FAMILY	India	Pakistan/Bangladesh
1st	15May16	15May16
2A	01Jun21	01Jun21
2B	22Sep16	22Sep16
3rd	22Aug09	22Aug09
4th	01Dec05	01Oct07

EMPLOYMENT	India	Pakistan/Bangladesh
1st	Current	Current
2nd	01Dec11	Current
3rd	01Feb14	Current
Other	01Feb14	Current
4th	Current	Current
5th	Current	Current1B