NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a) of the Immigration and Nationality Act, 8 U.S.C. 1182(f) and 1185(a), hereby find that the unrestricted entry into the United States of persons described in section 1 of Proclamation 10014 is not detrimental to the interests of the United States. I therefore hereby proclaim the following: Section 1. Revocation. Proclamation 10014, section 1 of Proclamation 10052, and section 1 of Proclamation 10131 are revoked.
Presidential Proclamation (P.P.) 10014, entitled “Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak,” was rescinded on February 24, 2021.
USCIS Expands Premium Processing Service to E-3 Petitioners
Starting Feb. 24, 2021, petitioners filing Form I-129, Petition for a Nonimmigrant Worker, requesting a change or extension of status to E-3 classification will have the option to request premium processing service for their petition. The E-3 classification applies only to nationals of Australia who are coming to the United States solely to perform services in a specialty occupation.
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) 2021.
National Interest Exceptions for Certain Travelers from the Schengen Area, United Kingdom, and Ireland
Certain business travelers, investors, treaty traders, academics, students, and journalists may qualify for national interest exceptions under the Presidential Proclamation (PP) covering travelers from the Schengen Area, United Kingdom, and Ireland. Qualified travelers who are applying for or have valid visas or ESTA authorization may travel to the United States even as the PP remains in effect following the procedures below.
FY 2022 H-1B Cap Initial Registration Period Opens on March 9
USCIS today announced that the initial registration period for the fiscal year (FY) 2022 H-1B cap will open at noon Eastern on March 9 and run through noon Eastern on March 25. During this period, prospective petitioners and representatives will be able to fill out petitioner and beneficiary information and submit their registrations.
DHS Delays Effective Date of H-1B Selection Final Rule
On Jan. 7, USCIS announced the H-1B Selection final rule, which amended the regulations governing the process by which USCIS selects H-1B registrations for the filing of H-1B cap-subject petitions. To give USCIS more time to develop, test, and implement the modifications to the H-1B registration system and selection process, DHS is delaying the effective date of this final rule from March 9, 2021, to Dec. 31, 2021. The delay will also provide more time for USCIS to train staff and perform public outreach as well as give stakeholders time to adjust to the new rule. For the upcoming H-1B cap season, USCIS will apply the current regulations (random selection) to any registration period that takes place before Dec. 31, 2021.
USCIS Extends Flexibility for Responding to Agency Requests
In response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners, and requestors who are responding to certain RFEs, NOIDs, NOIRs, and decisions. This flexibility applies to the listed documents if the issuance date listed on the request, notice, or decision is between March 1, 2020, and March 31, 2021, inclusive.
The President has asked me to communicate to each of you his plan for managing the Federal regulatory process at the outset of his Administration. In order to ensure that the President’s appointees or designees have the opportunity to review any new or pending rules, at the direction of the President, I ask that you immediately take the following steps:
Due to the COVID-19 pandemic and other factors, USCIS is experiencing delays in issuing receipt notices for some applications and petitions filed at a USCIS lockbox facility. The information below explains the current state of our lockbox operations and the issues affecting receipt notices.
DHS Publishes Final Rule to Replace H-1B Cap Random Selection Process with Wage-Based Selection Process
The Department of Homeland Security (DHS) today announced the final rule to amend regulations governing the process by which U.S. Citizenship and Immigration Services selects H-1B registrations for filing of H-1B cap-subject petitions (or petitions, if the registration process is suspended).
USCIS Modifies H-1B Selection Process to Prioritize Wages
U.S. Citizenship and Immigration Services has announced a final rule that will modify the H-1B cap selection process, amend current lottery procedures, and prioritize wages to protect the economic interests of U.S. workers and better ensure the most highly skilled foreign workers benefit from the temporary employment program.
Extension of Presidential Proclamations 10014 and 10052
On December 31, 2020, the President signed a Presidential Proclamation on Suspension of Entry of Immigrants and Nonimmigrants Who Continue to Present a Risk to the United States Labor Market. This proclamation extends Presidential Proclamations (P.P.) 10014 and 10052 through March 31, 2021.
Proclamation on Suspension of Entry of Immigrants and Nonimmigrants Who Continue to Present a Risk to the United States Labor Market
This proclamation shall expire on March 31, 2021, and may be continued as necessary. Within 15 days of December 31, 2020, and every 30 days thereafter while this proclamation is in effect, the Secretary of Homeland Security shall, in consultation with the Secretary of State and the Secretary of Labor, recommend any modifications as may be necessary.