Redesignation of TPS for South Sudan and DHS Notice of Special Student Relief for F-1 Students from South Sudan
On March 2, 2022, the U.S. Department of Homeland Security (DHS) extended and redesignated South Sudan for TPS for 18 months. The 18-month extension and redesignation of South Sudan for TPS will be in effect from May 3, 2022, through November 3, 2023. To be eligible, individuals must have continuously resided in the United States since March 1, 2022 and meet all other TPS eligibility criteria.
The extension of South Sudan allows currently eligible TPS South Sudan beneficiaries to re-register and retain TPS through November 3, 2023, so long as they otherwise continue to meet the TPS eligibility requirements. The redesignation of South Sudan allows additional individuals who have been continuously residing in the United States since March 1, 2022, to obtain TPS, if otherwise eligible.
The Federal Register notice for TPS for South Sudan has been published and the link can be found below. Federal Register notices include instructions for applying for TPS and an Employment Authorization Document (EAD).
The U.S. Department of Homeland Security (DHS) also published a notice in the Federal Register establishing Special Student Relief for F-1 students whose country of citizenship is South Sudan (regardless of country of birth) and who are experiencing severe economic hardship as a result of the humanitarian crisis in South Sudan. The rule is effective March 3, 2022, through November 3, 2023. This relief will allow eligible students to request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain their F-1 status.
Links:
USCIS Press Release: https://www.uscis.gov/newsroom/news-releases/secretary-mayorkas-designates-sudan-and-extends-and-redesignates-south-sudan-for-temporary-protected
Federal Register Notice for TPS for South Sudan: https://www.federalregister.gov/documents/2022/03/03/2022-04573/extension-and-redesignation-of-south-sudan-for-temporary-protected-status
Federal Register Notice for Special Student Relief for F-1 Students from South Sudan: https://www.federalregister.gov/documents/2022/03/03/2022-04570/employment-authorization-for-south-sudanese-f-1-nonimmigrant-students-experiencing-severe-economic
Biden Administration Announced the U.S. Will Accept up to 100,000 Ukrainians and Other Displaced People Fleeing the War in Ukraine
President Biden announced on March 24, 2022, that the U.S. will provide an additional $1 billion in humanitarian aid and will also accept up to 100,000 Ukrainians and other displaced people fleeing the war in Ukraine. This will be done through a combination of methods – refugee admissions, parole, and immigrant and nonimmigrant visas, with a particular focus on assisting those Ukrainians who have family members in the U.S. The U.S. also prioritize vulnerable people such as individuals with medical needs, LGBTQI people, dissidents, and journalists.
Links:
USCIS Policy Alert for O-1A Extraordinary Ability Category
On March 23, 2022, U.S. Citizenship and Immigration Services (USCIS) issued a policy alert entitled “Qualifying Published Material and Scope of Leading or Critical Role in Extraordinary Ability and Outstanding Professor or Researcher Visa Classifications.” USCIS updated its guidance, effective immediately, about two evidentiary criteria related to immigrants of extraordinary ability and one relating to outstanding professors and researchers to be more closely aligned with recently issued USCIS guidance pertaining to O-1A nonimmigrants of extraordinary ability.
The highlights were:
Establishes that in the extraordinary ability and outstanding professor categories, “published material” about the person (or the person’s work) in professional or major trade publications or other major media do not have to be a printed article. Instead, other forms of evidence such as a transcript of audio or video coverage are acceptable, as well.
Establishes that in the extraordinary ability classification, a person may satisfy the criterion of “leading or critical role” through a qualifying role for a distinguished department or division in addition to an entire organization or establishment.
Link:
USCIS Policy Alert: https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20220323-ExtraordinaryAbility.pdf
Evidence of Employment Authorization for E and L Nonimmigrant Spouses
On March 8, 2022, USCIS issued a policy alert indicating it is updating the USCIS Policy Manual to reflect the documentation that certain E and L spouses may present as evidence of employment authorization incident to their status.
Previously, on November 12, 2021, USCIS indicated that it would consider E and L spouses to be employment authorized incident to their status. Then, as of January 30, 2022, U.S. Citizenship and Immigration Services and U.S. Customs and Border Protection (CBP) began issuing I-94 documents with the following new class of admission (COA) codes for certain E and L spouses: E-1S, E-2S, E-3S, and L-2S.
An unexpired Form I-94 reflecting one of these new codes is now considered acceptable evidence of employment authorization for spouses under List C (#7, Employment Authorization Document issued by the Department of Homeland Security) of Form I-9. Employees who provide this as a List C document must also provide a List B identity document, as well.
Links:
USCIS Announcement: https://www.uscis.gov/i-9-central/covid-19-form-i-9-related-news/documentation-of-employment-authorization-for-certain-e-and-l-nonimmigrant-dependent-spouses
USCIS March 8, 2022 Policy Alert: https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20220318-EmploymentAuthorization.pdf
U.S. Department of Homeland Security to End COVID-19 Policy of Acceptance of Expired List B Documents for I-9 on May 1, 2022
The U.S. Department of Homeland Security (DHS) is ending the COVID-19 Temporary Policy for List B Identity Documents that allowed employers to accept expired List B documents. DHS adopted this temporary policy in response to the difficulties many people experienced with renewing documents during the COVID-19 pandemic. Now that document-issuing authorities have reopened and/or provided alternatives to in-person renewals, DHS will end this flexibility. Starting May 1, 2022, employers must only accept unexpired List B documents. Please also note that if an employee presented an expired List B document between May 1, 2020, and April 30, 2022, employers are required to update their Forms I-9 by July 31, 2022.
Links:
USCIS Completes Initial Registration Selection Process to Meet Fiscal Year 2023 H-1B Cap
U.S. Citizenship and Immigration Services (USCIS) announced on March 29, 2022, that it had received enough electronic registrations during the initial H-1B registration period to reach the fiscal year (FY) 2023 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap). USCIS randomly selected from among the registrations properly submitted to reach the cap. All prospective petitioners with selected registrations have been notified that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the selected registration.
Registrants’ online accounts will now show one of the following statuses for each registration (that is, for each beneficiary registered):
Submitted: The registration has been submitted and is eligible for selection. If the initial selection process has been completed, this registration remains eligible, unless subsequently invalidated, for selection in any subsequent selections for the fiscal year for which it was submitted.
Selected: Selected to file an H-1B cap petition.
Denied: Multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary. If denied as a duplicate registration, all registrations submitted by or on behalf of the same registrant for this beneficiary for the fiscal year are invalid.
Invalidated-Failed Payment: A registration was submitted but the payment method was declined, rejected, disputed, or cancelled after submission.
Link:
USCIS H-1B Initial Selection Update: https://www.uscis.gov/newsroom/alerts/fy-2023-h-1b-cap-season-updates
USCIS H-1B Electronic Registration Process Page: https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-electronic-registration-process
Announcement of Local Filing of Form I-130 Petitions as Option for U.S. Citizens to begin process of Sponsoring Immediate Relatives from Afghanistan, Ethiopia and Ukraine who are Fleeing Conflict
The US Department of State has announced that a U.S. citizen who is physically present overseas with their Afghan, Ethiopian or Ukrainian immediate family members and have not yet filed an immigrant visa petition with US Citizenship and Immigration Services (USCIS), may request to locally file a Form I-130 petition at the nearest US embassy or consulate that processes immigrant visas. Such citizens must be physically present in the country where they wish to file petitions. They can request to locally file on behalf of their spouses, unmarried children under the age of 21, and parents who fled Afghanistan after August 2, 2021; Ethiopia after November 1, 2020; or Ukraine after February 1, 2022.
To request local filing of an I-130, U.S. citizen petitioners can email the nearest U.S. embassy or consulate’s Immigrant Visa Unit. You can find those email addresses at each individual embassy or consulate website. If a U.S. citizen petitioner has already filed a Form I-130 with USCIS for their immediate relative and it has not been approved yet, these petitioners may submit expedite requests with USCIS.
Links:
List of U.S. embassies and consulates: https://usembassy.gov
USCIS Information regarding expedite requests: https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request
Electronic I-94 Issuance at Land Ports of Entry to Become Predominant
On March 18, 2022, U.S. Customs and Border Protection (CBP) issued a general notice that it will now be issuing electronic I-94s in lieu of paper I-94s at land ports of entry except in limited circumstances.
Links:
U.S. Customs and Border Protection notice: https://www.govinfo.gov/content/pkg/FR-2022-03-18/pdf/2022-05758.pdf
U.S. Department of State to Hold Passport Application (“Acceptance”) Fairs
On March 9, 2022, the U.S. Department of State (DOS) announced that it will hold special passport application fairs across the country in March and April. To see the locations of the fairs, please check the DOS announcement link below as locations are regularly being added.
The majority of these fairs are meant for first-time passport applicants and children using Form DS-11 to apply. DOS encourages those eligible for renewal to file applications by mail.
DOS has indicated that for those applying for a passport via regular non-expedited service can expect to receive a passport in 8 to 11 weeks. If a person requires expedited processing, they can pay an additional $60 fee and should expect to receive a passport in 5 to 7 weeks. Please note that DOS has said that the passport fair locations do not offer appointments for urgent travel in less than 5 weeks.
Links:
U.S. Department of State Announcement: https://travel.state.gov/content/travel/en/News/passports/special-passport-acceptance-fairs.html
VISA BULLETIN
Each month, the U.S. Department of State (DOS) publishes the Visa Bulletin, listing all "preference" categories and states whether a backlog exists for each one. In addition, the categories are folded into two charts: “Final Action” chart and a “Dates for Filing” chart for Family-Based immigration and Employment-Based immigration.
For April 2022, USCIS has indicated that for Employment-Based immigration, the “Dates for Filing” chart should be used in establishing eligibility to file the I-485 Adjustment of Status petitions. This means that those who filed an Immigrant Petition [Form I-140] on or before the date given in the Visa Bulletin may file an application for permanent resident status [Form I-485]. USCIS has also indicated that on March 15, 2022, President Biden signed a law that includes authority for an EB-5 Immigrant Investor Regional Center Program and various implementation effective dates for the program. The program will be in effect through September 30, 2027. USCIS will review the new legislation and additional guidance is forthcoming.
In April, the EB-1 preference category on the Final Action Chart for all countries including China and India will be “current.” This means the I-485 applications may be filed immediately with the Form I-140. Also, any otherwise qualified national of China or India with an approved EB-1 I-140 may file the I-485 in April.
The EB-2 preference category remains “current” for all countries other than China and India, which means that individuals in these categories may immediately file I-485 applications. China and India remain backlogged on both the Final Action and Dates for Filing Charts.
The EB-3 preference category is also “current” for all countries other than China and India, which remain backlogged on both the Final Action and Dates for Filing Charts.
The complete Visa Bulletin, including priority dates for family-based immigrant applications, can be found on the Department of State website.
If you have questions about planning, please feel free to reach out and schedule a consultation with one of the attorneys at Iandoli, Desai & Cronin (info@iandoli.com).