Keeping true to the February executive order, “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans,” the Biden administration announced key policy changes last month, which offer some relief from Trump-era employment-based immigration restrictions. Changes include ending biometrics intake for certain spouse work permit applications, reviving the international entrepreneur parole rule, canceling plans for certain H-1B changes, and adding India to the countries from which travel is restricted due to COVID.

Rule Withdrawals

As of May 17, 2021, U.S. Citizenship and Immigration Service has suspended a rule requiring the spouses of certain employment visa holders to submit to biometrics screening to receive work permits. The rule, which went into effect in 2019, has caused application processing times to skyrocket to at least six months, and up to 13 months in some cases. Prior to the implementation of the rule, processing times typically ranged from three to six months. The added delay caused by biometric screening has made it nearly impossible for spousal work permit holders to avoid gaps in employment authorization over the past two years, leading affected applicants to file suit against USCIS in federal court. The suspension covers all applications filed and pending with USCIS on May 17, 2021, and any new applications filed during the 24-month suspension period, which is set to expire May 17, 2023, barring any future policy changes by the agency. At the time of this alert, USCIS has not updated its posted processing times, which remain at least six months.