Immigration Update

Immigration News and Analysis
for Clients and Friends of Borene Law Firm

January 2021

Newly-Inaugurated President Joe Biden Submits New Proposed Immigration Law to Congress on First Day as President:

If passed by Congress, "The U.S. Citizenship Act of 2021," which includes an 8 year path to citizenship for more than 10 million immigrants, would be the biggest change in U.S. immigration Policy since President Ronald Reagan

Joe Biden was sworn in as President of the United States on Tuesday, January 20, 2021. On the same day, President Biden proposed an expansive new immigration law that would change many parts of the current U.S. immigration system.

Key proposed changes include:

  1. A new system for family-based and employment-based immigration that would create new faster paths for green cards and citizenship for more than 10 million migrants, including the "Dreamers" (undocumented migrants who entered the U.S as children) as well as millions of long-delayed family and employment sponsored legal migrants.
  2. Reforms to the U.S. Immigration Court System which has a many years-long backlog of more than 1.3 million cases.
  3. More investment in border security using new screening technologies to attack smuggling instead of a physical wall.
  4. Improvements and shorter delays for applicants for asylum and refugees.

Time is Running Out to Prepare Registrations for New H-1B Work Visas for 2021

• The H-1B work visa is the most commonly used work visa for newly hired professionals (Bachelor's degree and above).

• Only 85,000 new cap-subject H-1B work visas are available for all of 2021.

In general, H-1B eligibility requirements include a Bachelor's degree or higher (or equivalent education and/or experience), and a qualifying U.S. job offer from a sponsoring employer. Interested employers should start now preparing new H-1B 2021 Lottery Registration Applications for foreign workers, including computer/IT professionals, engineers, doctors, scientists, researchers, professors, teachers , accountants, architects, managers and many other professionals. It takes time to build a well-documented H-1B case for filing. We recommend starting preparation of the Lottery Registration Application well in advance to meet the registration deadline and to avoid disappointment.

After the 2021 H-1B quota is reached, there will be no new cap-subject H-1B work sponsorships available until October 1, 2022.
If you have questions about the H-1B visa category or wish to obtain assistance with applying for any new H-1B work visas, please email us or call us no later than February 28, 2021 at 612.321.0082.

Read from Borene Law Firm, FAQ's about H-1 Work Visas

In His First Two Days in Office, Biden Signs Multiple Executive Actions Revoking Restrictive Trump Era Immigration Policies

On January 20 and 21, 2021, President Joe Biden signed many Executive Immigration Actions, including six actions revoking legacy Trump Immigration Orders. These actions include:
  1. Reserved and strengthened the Obama era DACA program providing temporary employment authorization and immigration protections to undocumented migrants who arrived in the U.S. as children.
  2. Ordered a halt to further new construction of a border wall on the U.S./Mexican border.
  3. Reversed the Trump Travel Ban on people coming in the U.S. from certain predominantly Muslim countries.
  4. Extended the temporary immigration protection "Deferred Enforced Deportation," (DED) until June 30, 2021 for certain Liberians in the U.S.
  5. Suspended the "Remain in Mexico" program that forced thousands on the Mexican border to stay in Mexico in poor living conditions while awaiting their U.S. immigration hearings.
  6. Revoked a 2017 Trump order that made all undocumented migrants a priority for arrest and detention.

Tip of the Month

USCIS Changes Filing Addresses for Key Immigration Forms for Employment Authorization (I-765) and for Green Cards (I-485), Effective January 8, 2021

USCIS published new lockbox filing addresses to be used for all I-765 and I-485 applications filed after January 8, 2021.

USCIS also announced that receipts for Form I-765 (Application for Temporary Employment Authorization) and Form I-485 (Application for Lawful Permanent Residence Status) are currently being delayed 4 to 6 weeks or more after delivery of the forms to USCIS.

Read from USCIS,

Read from USCIS, USCIS Lockbox Updates

Read from USCIS,


For the latest Official Processing Times from United States Citizenship and Immigration Services for Visa Petitions and Immigration Applications

For the latest information from the U.S. Department of State on Immigrant Visa “Green Card” Quota Backlog (Priority) Dates
The U.S. Centers for Disease Control and Prevention (CDC) Issued a New Order Requiring COVID-19 Testing for All Airline Passengers (including U.S. Citizens) Coming
to the U.S. From Any Foreign Country

Effective Tuesday, January 26, 2021, a new CDC Order requires ALL persons (including U.S., Citizens), before boarding any flight to the U.S., to provide proof of a negative COVID-19 test within 3 days before flying to the U.S., or proof of recovery from a COVID-19 infection. Any person failing to comply with the new order could be denied boarding, delayed, or subject to criminal penalties in some cases.

Borene Law Firm In the News
Borene Law Firm rated "AV Preeminent" in 2021 - "the highest possible Peer Review Rating in legal ability and ethical standards" for the 27th consecutive year from "the gold standard in attorney ratings" - The Martindale-Hubbell Law Directory, All Editions, 1994 - present.

Scott Borene recognized by other lawyers as 2020 Immigration Lawyer of the Year in Minnesota as noted by

Jeanne Kildow was an expert speaker on "Employment-Based Immigration Preference Categories"
at the American Immigration Lawyers Association (AILA) National Annual Conference

George Maxwell was an expert speaker on the topic of "Recent Trends in Employment Based Immigration" in a program sponsored by the
Copyright Borene Law Firm, P. A., 2021
 Immigration Update is a publication of:
Borene Law Firm
U.S. & Global Immigration
3950 IDS Center
Minneapolis, Minnesota 55402
United States of America
Phone: 612.321.0082
The information in this Immigration Update should not be considered specific legal advice; it is intended for informational purposes only. Anyone seeking specific legal advice should contact an appropriately experienced lawyer for a confidential, personalized consultation.