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For many people navigating the immigration process, uncertainty looms large, especially when it comes to USCIS biometrics appointments. Clients may have questions, concerns, and sometimes even fears about what these appointments entail. Some of the most common questions we receive are: "What actually happens at a USCIS biometrics appointment? Will I be asked any questions?" When you file an application with USCIS, a biometrics appointment may be required.  The biometrics appointment involves providing your fingerprints, photograph, and digital signature at a designated Application Support Center (ASC). These biometric data points are then used by the FBI to conduct a background check, searching for any prior arrests, convictions, or other pertinent information. This information may also be used in the production of your work card or green card. It is understandable why some individuals might feel concerned, particularly if they lack valid immigration status or have had past encounters with law enforcement. Additional questions may arise, such as "Will I be arrested or detained at my biometrics appointment?" It is important to note that a history of arrests, convictions, or deportations may impact the outcome of your case. However, the biometrics appointment itself is primarily focused on collecting these data points and does not involve questioning or decision-making regarding your case's merits. Generally speaking, the likelihood of arrest or detention at a biometrics appointment is low. While rare circumstances could potentially lead to involvement from agencies like ICE, such as an outstanding warrant, in our experience, this occurrence is uncommon. If you are scheduled for a biometrics appointment, it is essential to attend your scheduled biometrics appointment. Failure to do so could result in your application being denied for failure to attend a required appointment. If circumstances arise that prevent you from attending your appointment, such as illness or scheduling conflicts, it is crucial to notify USCIS as soon as possible and request to reschedule. If you have any further questions or concerns about your biometrics appointment or other U.S. immigration matters, please do not hesitate to contact Blaker and Granet, LLP.

Every month, the U.S. government releases job report data findings based on two surveys: the “establishment survey,” which gathers information from businesses and government agencies about overall job gains, and a household survey, which draws on information from households and the Census Bureau population estimates. The latter reports on the nation’s unemployment rate and most demographic data. In recent months, a puzzling discrepancy has emerged from these surveys: the establishment survey has reported hiring surging, while the household survey has shown it decreasing. Analysts have been struggling to interpret these findings, but a possible explanation has been identified, as per the New York Times: immigration has been pumping the job market. Economists suspect that immigrant workers may play a part in this data mystery. The hiring surge reported in the establishment survey makes sense: companies normally report hiring all types of workers, immigrants included. With the recent immigration uptick into the U.S., foreign-born workers have been replenishing the labor force that was once suffering during the COVID-19 pandemic. However, because the immigration data that feeds into the Census population estimates is often delayed (by a year and half, economists say), the findings in the recent household surveys may not be the most accurate. Expert economists suggest that the payroll survey, therefore, is probably currently more reliable. While a precise explanation for the discrepancy in recent government surveys may still be in the works, it is almost certain that immigration has been boosting the U.S. economy. If you have any questions about work authorization or any other inbound U.S. immigration matters, please do not hesitate to contact Blaker & Granet LLP. Credit: Smialek, Jeanna. “Immigration Is Helping to Meet Hiring Demand, and May Explain Data Mysteries.” The New York Times, The New York Times, 5 Apr. 2024, www.nytimes.com/live/2024/04/05/business/jobs-report-march-economy?smid=url-share#immigration-is-helping-to-meet-hiring-demand-and-may-explain-data-mysteries.

United States Citizenship and Immigration Services (“USCIS”) has recently made significant updates to its policy regarding the validity period of Form I-693, the Report of Immigration Medical Examination and Vaccination Record. In an announcement made earlier this month, USCIS declared that any Form I-693 properly completed and signed by a civil surgeon on or after November 1, 2023, will no longer have an expiration date and can be utilized indefinitely as evidence to demonstrate that the applicant is not inadmissible on health-related grounds. Pertinent information from the announcement includes: USCIS has determined that the evidentiary value of a Form I-693 should not be restricted by a specified timeframe if it meets the criteria of proper completion and has been signed by a civil surgeon on or after the specified date. However, USCIS officers retain the discretion to request additional evidence or a new or updated Form I-693 if they have reason to believe that the applicant's medical condition has changed since the civil surgeon's signature, or if they suspect that the submitted Form I-693 does not accurately reflect the applicant's medical condition. Immigration medical examinations conducted before November 1, 2023, the previous policy remains applicable. In such cases, a properly completed Form I-693 signed by a civil surgeon before November 1, 2023, retains its evidentiary value for a period of two (2) years from the date of the civil surgeon's signature. This policy update does not extend to Forms I-693 filed by Operation Allies Welcome parolees. Their Forms I-693 maintain their evidentiary value for three (3) years from the date of the civil surgeon's signature, in line with established policy and in consultation with the CDC. Should you have any further questions about your immigration medical examination, or other inbound U.S. immigration matters, please do not hesitate to contact Blaker and Granet LLP.

In March of 2023, United States Citizenship and Immigration Services (USCIS) updated its policy to allow for self-selection of gender on all USCIS forms without any supporting documentation. In a move towards greater inclusivity, USCIS has recently announced the inclusion of a third gender option on Form N-400, Application for Naturalization (applying for U.S. citizenship). This progressive step acknowledges the existence of transgender, non-binary, and gender non-conforming individuals within the immigrant community, providing them with a more accurate gender identity representation in official documents. With this update, individuals applying for naturalization will now have the option to select "X" to indicate a gender other than male or female. This aligns with ongoing efforts across various sectors to promote equality and acceptance for individuals of all gender identities. The update is also consistent with federal and state agencies that offer a third gender option, like the Department of State’s adoption of gender option “X” in passport services. USCIS aims to update all other forms to include the gender X option, but the new April 1, 2024 edition of Form N-400 the first. It is important to note that no supporting documentation is required to select gender X on Form N-400. Applicants who have a pending naturalization application using an earlier version of the Form N-400 may also request to update their gender as of April 1, 2024. As an LGBTQ-owned firm deeply committed to diversity and inclusivity, Blaker and Granet LLP is proud to see advancements like the inclusion of a third gender option on the new Form N-400 by USCIS. We look forward to seeing the other USCIS forms get this important update as well. We understand the importance of representation and respect for diverse identities in both the legal field and society at large. Should you have any questions regarding naturalization or other inbound U.S. immigration matters, please do not hesitate to contact Blaker and Granet LLP.

Blaker & Granet LLP is pleased to introduce Griffin DeBonis, our newest Legal Assistant. Griffin is responsible for letter writing, document preparation, and petition assembly, among other tasks. As an aspiring lawyer/paralegal, Griffin is proud to be associated with and learn from the distinguished B&G team. Please continue reading to learn more about Griffin. ● What is your greatest fear? Isolation, maybe. ● What is the trait you most deplore in others? Narrow-mindedness. ● What is your current state of mind? Getting there. In process. Curious. Asking questions. Working on it. ● Which words or phrases do you most overuse? “In the throes.” Very dramatic of me, and never really warranted. ● What is your idea of perfect happiness? Getting ready with my friends for an outing/event, and winding down with them before bedtime. ● What is your greatest extravagance? Orphéon from Diptyque. I am embarrassed of this. ● What is or who is the greatest love of your life? Such a big question. My fun/less sentimental answer is Fiona Apple. She is my north star. ● What talent would you most like to have? To be fluent in many languages! I think my world would open up. ● Who are your favorite writers? Ursula Le Guin, Tommy Pico, Anne Carson, James Baldwin, Cormac McCarthy, and my father, among others. ● What are you watching right now? Mary and George. And I am rewatching I May Destroy You. ● What do you consider your greatest achievement? Anything I’ve done to make my parents and sister proud. ● What is your most treasured possession? Written records of my past. My journals, and any cards/letters I’ve received. ● What do you value most in your friends? Lightheartedness/humor, warmth, empathy. ● What was your first impression of Stephen? What was your first impression of Jacki? I am going to combine these questions because I first encountered them as a duo, and what a duo they are. Smart, impressive, and funny. Stephen and Jacki clearly care about each other as much as they care about their work. It is a special thing to witness them bounce off of each other. ● What is your favorite restaurant in NYC? Regrettably I don’t have an answer for this. I will have to consult the growing list of friends of mine who have abandoned me for NYC. ● What is your favorite restaurant in LA? Daichan at the moment! ● What is your favorite city to visit? I visited Berlin for a few days with a friend a couple years ago. I loved that trip. And Bologna, always in my heart. ● What excites you about joining B&G? I am excited to be a part of a firm that is new and growing, and to do some growing of my own. I am humbled by the opportunity to support the B&G team as they provide crucial immigration services to their clients.

As we previously blogged about HERE, United States Citizenship and Immigration Services (USCIS) has increased filing fees for most family-based and employment-based petitions starting today, April 1, 2024. Besides these fee adjustments, there are two (2) other important changes that take effect today: Cap of 25 Beneficiaries on O-2/P-1S Petitions: Previously, there was no specified limit on the number of beneficiaries that could be included in an O-2 or P-1S petition (Read more about the O-2 visa HERE). However, starting April 1, 2024, USCIS will impose a cap of twenty-five (25) beneficiaries per O-2 or P-1S petition. Transition from Calendar Days to Business Days for Premium Processing: On April 1, 2024, the premium processing timing will switch from calendar days to business days (Monday through Friday, excluding federal holidays). For instance, the premium processing time for Form I-129 (used in H-1B, TN, P-1, E-3, and O-1 applications, for example) will change from 15 calendar days to 15 business days. Petitioners opting for premium processing should adjust their expectations accordingly and consider the impact of weekends and holidays on the processing timeline. B&G recommends that all our clients stay informed and consult legal professionals for personalized guidance. Should you have any questions about these updates or any other U.S. inbound immigration matters, please do not hesitate to contact Blaker and Granet, LLP.

Blaker & Granet LLP is pleased to introduce Julia Lima, our Legal Assistant. Julia handles a variety of tasks at B&G, from drafting documents and forms, to preparing and filing petitions, creating online content, and handling daily mail. As a young woman pursuing a legal career, Julia takes great pride in supporting her team at B&G. Please continue reading to learn more about Julia. ● What is your greatest fear? Spiders. Especially big ones with lots of fur. I still vividly remember a dream I had when I was 10 in which a variety of hairy spiders were crawling all over my body and I woke up yelling, “BUGS!” ● What is the trait you most deplore in others? Talking over or interrupting others. As a child of immigrants and a former shy kid, I know how important empathetic and patient communication is. ● What is your current state of mind? Pumped! ● Which words or phrases do you most overuse? I’m a Gen Z young adult entering the professional world, so I am constantly trying to train myself to use less filler words, such as “like.” ● What is your idea of perfect happiness? Feeling fulfilled by genuine, joyful, innocent human connection... or animals (I love my dog). ● What is your greatest extravagance? I am grateful for having experienced the incredible privilege of traveling around the world. ● What or who is the greatest love of your life? Good food. ● Which talent would you most like to have? I’d love to be a mental math wizard. ● Who are your favorite writers? One of my favorite books is The Handmaid’s Tale, so probably Margaret Atwood. And the ever-inspiring, Elizabeth Perlman. bell hooks has also taught me so much. ● What do you consider your greatest achievement? I hope my greatest achievement is yet to come... but recently I celebrated my latest achievement of graduating university! ● What is your most treasured possession? My photo albums. I’ve been trying to rely less on digital photos and instead put together physical photo albums. ● What do you most value in your friends? Honesty and the ability to positively motivate others. ● What was your first impression of Stephen? My first on-Zoom impression was: Respectful and friendly. ● What was your first impression of Jacki? My first on-Zoom impression was: Kind and upbeat. ● What is your favorite restaurant in LA? Caló Kitchen in El Segundo for Mexican food, or Luv2eat (right by the new B&G office!) for Thai food. ● What is your favorite city to visit? Rio de Janeiro, Brazil. Rio has the natural beauty of the forest, relaxing beaches, fun city life, amazing food, rich culture, and such hospitable people. ● What excites you about being on the B&G team? I love supporting such a distinguished team and learning more about immigration law.

As a Lawful Permanent Resident (LPR) or Conditional Resident (CR), you are required to spend time in the U.S. every year. However, there may be times when it is impossible to do so, like if you get a one-year job assignment abroad or have to return to your home country to care for an ailing relative. It is always advised that a lawful permanent resident speak with an attorney ahead of any long trips outside the U.S. However, if an LPR or CR  has remained outside the United States for more than one (1) year, or beyond the validity period of a Re-entry Permit, the individual may require a new immigrant visa to enter the United States and resume permanent residence. To that end, a specific provision exists that allows for LPRs who remained outside of the U.S. due to circumstances beyond his/her control to apply for an SB-1 visa, also referred to as a Returning Resident Special Immigrant visa. The SB-1 visa allows the individual to return to the U.S. and then apply for a new green card. To qualify for an SB-1 visa, the applicant must be able to demonstrate that s/he had LPR status at the time of departure, that s/he departed from the U.S. with intention of returning, and that s/he is returning to the U.S. within two (2) years of the departure (or, if the temporary stay abroad is longer than 2 years, only if the reason for the extension was beyond his/her control). The applicant must also provide evidence that s/he is not barred from returning to the U.S. under immigration laws. If and when the SB-1 visa application is approved, the applicant’s permanent resident status is revived and there is no need to proceed with an immigrant visa application. It is important to note that the SB-1 visa process can be lengthy, and it is best to start the application process well before the intended date of return to the U.S. Furthermore, just like any other immigration benefit, approval of the SB-1 visa application is at the discretion of the U.S. government. B&G advises clients to seek help from an immigration lawyer to help navigate the process and ensure that all the required documentation is in order. If you have any questions about the Returning Resident Visa or any other inbound U.S. immigration matters, please do not hesitate to contact Blaker & Granet LLP.

As part of our series “Understanding Immigration Terms and Documents,” today we are focusing on the visa Reciprocity Schedule, which outlines the fees, validity periods, and other conditions assigned to certain nonimmigrant visa categories for applicants of various countries. The U.S. Department of State (DOS) posts the Reciprocity Schedule and instructions on how to read it HERE. To view the reciprocity page for your country, select your country from the list on the left-hand side. On your country’s page, you may search for specific visa types. This page will display any reciprocity fees you must pay, the number of times you may seek entry into the U.S. using that type of visa, and the period of how long your visa may be valid for. The fees, number of entries, and validity periods of these specific visas will vary depending on the country of the foreign national, so it is important to review the reciprocity schedule upon the approval of your visa application. A reciprocity fee, also sometimes referred to as an issuance fee, is a payment made directly to the U.S. Embassy or Consulate after the approval of a U.S. visa application. The term “reciprocity fee” is based on the principle of reciprocity: when a foreign government imposes fees on U.S. citizens for certain visa categories, then the U.S. will reciprocate the fee on the citizens of that country for similar visa types. Therefore, not all foreign nationals are required to pay reciprocity fees, but those from countries with reciprocity agreements with the U.S. may own a fee. For example, a Brazilian citizen applying for an O-1 visa stamp will be required to pay a $25 fee, but a French citizen will not have such a fee. Another part of the DOS reciprocity schedule that is incredibly important to monitor is the visa validity period. While it is the case for many countries that the visa validity dates will match the petition approval notice, there are some countries and visa types where that is not the case. For example, at present, a British citizen who has a 3-year O-1 approval should receive a 3-year visa stamp with multiple entries permitted. However, a Chinese citizen who has a 3-year O-1 petition approval will only be issued a 3-month visa stamp that permits only one (1) entry. Thus, that Chinese citizen will need to apply for and receive a new O-1 visa stamp before every entry to the U.S. Lastly, the DOS reciprocity schedule also displays additional country-specific information, such as the types of civil documents and records available in the given country (e.g. birth certificates, police records, etc.). The civil documents listed in the reciprocity schedule are those which are accepted by the U.S. government for U.S. immigration purposes. The DOS reciprocity schedule provides helpful information and tools for how and where to obtain these documents in foreign countries. Should you have any questions about the reciprocity schedule or any other inbound U.S. immigration matters, please do not hesitate to contact Blaker & Granet LLP.

The TN visa is available to Canadian (TN-1) and Mexican (TN-2) nationals who seek to work in the United States. This visa is available under the North American Free Trade Agreement (NAFTA), which was established to create economic and trade relationships among the three (3) countries. In order to apply for a TN visa, the foreign national must have a  job offer with a U.S. employer for a role that falls into one (1) of the delineated categories set forth in the regulations and be able to satisfy the category’s specific eligibility requirement(s). The delineated categories for the TN visa are as follows: GENERAL Accountant—Baccalaureate or Licenciatura Degree; or C.P.A., C.A., C.G.A., or C.M.A. Architect—Baccalaureate or Licenciatura Degree; or state/provincial license. Computer Systems Analyst—Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience. Disaster Relief Insurance Claims Adjuster (claims adjuster employed by an insurance company located in the territory of a Party, or an independent claims adjuster)—Baccalaureate or Licenciatura Degree, and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims; or three years experience in claims adjustment and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims. Economist—Baccalaureate or Licenciatura Degree. Engineer—Baccalaureate or Licenciatura Degree; or state/provincial license. Forester—Baccalaureate or Licenciatura Degree; or state/provincial license. Graphic Designer—Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience. Hotel Manager—Baccalaureate or Licenciatura Degree in hotel/restaurant management; or Post-Secondary Diploma or Post-Secondary Certificate in hotel/restaurant management, and three years experience in hotel/restaurant management. Industrial Designer—Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience. Interior Designer—Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience. Land Surveyor—Baccalaureate or Licenciatura Degree; or state/provincial/federal license. Landscape Architect—Baccalaureate or Licenciatura Degree. Lawyer (including Notary in the province of Quebec)—L.L.B., J.D., L.L.L., B.C.L., or Licenciatura Degree (five years); or membership in a state/provincial bar. Librarian—M.L.S. or B.L.S. (for which another Baccalaureate or Licenciatura Degree was a prerequisite). Management Consultant—Baccalaureate or Licenciatura Degree; or equivalent professional experience as established by statement or professional credential attesting to five years experience as a management consultant, or five years experience in a field of specialty related to the consulting agreement. Mathematician (including Statistician)—Baccalaureate or Licenciatura Degree. Range Manager/Range Conservationist—Baccalaureate or Licenciatura Degree. Research Assistant (working in a post-secondary educational institution)—Baccalaureate or Licenciatura Degree. Scientific Technician/Technologist —Possession of (a) theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics; and (b) the ability to solve practical problems in any of those disciplines, or the ability to apply principles of any of those disciplines to basic or applied research. Social Worker—Baccalaureate or Licenciatura Degree. Sylviculturist (including Forestry Specialist)—Baccalaureate or Licenciatura Degree. Technical Publications Writer—Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience. Urban Planner (including Geographer)—Baccalaureate or Licenciatura Degree. Vocational Counselor—Baccalaureate or Licenciatura Degree. MEDICAL/ALLIED PROFESSIONALS Dentist—D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugía Dental; or state/provincial license. Dietitian—Baccalaureate or Licenciatura Degree; or state/provincial license. Medical Laboratory Technologist (Canada)/Medical Technologist (Mexico and the United States) —Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience. Nutritionist—Baccalaureate or Licenciatura Degree. Occupational Therapist—Baccalaureate or Licenciatura Degree; or state/provincial license. Pharmacist—Baccalaureate or Licenciatura Degree; or state/provincial license. Physician (teaching or research only)—M.D. or Doctor en Medicina; or state/provincial license. Physiotherapist/Physical Therapist—Baccalaureate or Licenciatura Degree; or state/provincial license. Psychologist—State/provincial license; or Licenciatura Degree. Recreational Therapist—Baccalaureate or Licenciatura Degree. Registered Nurse—State/provincial license; or Licenciatura Degree. Veterinarian—D.V.M., D.M.V., or Doctor en Veterinaria; or state/provincial license. SCIENTIST Agriculturist (including Agronomist)—Baccalaureate or Licenciatura Degree. Animal Breeder—Baccalaureate or Licenciatura Degree. Animal Scientist—Baccalaureate or Licenciatura Degree. Apiculturist—Baccalaureate or Licenciatura Degree. Astronomer—Baccalaureate or Licenciatura Degree. Biochemist—Baccalaureate or Licenciatura Degree. Biologist—Baccalaureate or Licenciatura Degree. Chemist—Baccalaureate or Licenciatura Degree. Dairy Scientist—Baccalaureate or Licenciatura Degree. Entomologist—Baccalaureate or Licenciatura Degree. Epidemiologist—Baccalaureate or Licenciatura Degree. Geneticist—Baccalaureate or Licenciatura Degree. Geochemist—Baccalaureate or Licenciatura Degree. Geologist—Baccalaureate or Licenciatura Degree. Geophysicist (including Oceanographer in Mexico and the United States)—Baccalaureate or Licenciatura Degree. Horticulturist—Baccalaureate or Licenciatura Degree. Meteorologist—Baccalaureate or Licenciatura Degree. Pharmacologist—Baccalaureate or Licenciatura Degree. Physicist (including Oceanographer in Canada)—Baccalaureate or Licenciatura Degree. Plant Breeder—Baccalaureate or Licenciatura Degree. Poultry Scientist—Baccalaureate or Licenciatura Degree. Soil Scientist—Baccalaureate or Licenciatura Degree. Zoologist—Baccalaureate or Licenciatura Degree. TEACHER College—Baccalaureate or Licenciatura Degree. Seminary—Baccalaureate or Licenciatura Degree. University—Baccalaureate or Licenciatura Degree. If you have any questions about the TN visa or any other inbound U.S. immigration matters, please do not hesitate to contact Blaker & Granet LLP.

On January 30, 2024, U.S. Citizenship and Immigration Services (“USCIS”) announced that filing fees will be increasing for both family-based and employment-based petitions starting April 1, 2024. USCIS notes that as an almost entirely fee-funded agency, these fee adjustments are necessary to encourage timely processing of applications and curbing further backlogs. Some key changes include: Please note: small employers are defined as “petitioners with 25 or fewer full-time equivalent employees.” **Furthermore, all employers filing Form I-129 (e.g. H-1B, L-1A/L-1B, O-1, O-2, etc.), Form I-129CW, or Form I-140 will also be required to pay an additional $600 for the Asylum Program Fee. This fee will cover some of the costs associated with asylum processing. Nonprofit petitioners and small employers will pay a discounted fee of $300. Read more about the upcoming changes to USCIS filing fees, the new fee schedule table, and other updated information found on the USCIS page HERE. Should you have any questions about the new USCIS fee increases or any other U.S. inbound immigration matters, please do not hesitate to contact Blaker and Granet LLP.

In late December 2023, U.S. Citizenship and Immigration Services (“USCIS”) announced a fee increase for its Premium Processing services (Form I-907). USCIS announced the fee increases to adjust for inflation. The revenue generated by the increase will be used to improve adjudications processes, reduce benefit request processing backlogs, and otherwise fund USCIS adjudication and naturalization services. Effective for all cases filed on or after February 26, 2024, the Premium Process fees will increase as outlined below: If you have any questions about the Premium Processing fee increase or any other inbound U.S. immigration matters, please do not hesitate to contact Blaker & Granet LLP.