Social Security Administration Reopens for Walk-In Services
The Social Security Administration (SSA) has resumed in-person services, including for people without an appointment. To minimize waiting time, the SSA recommends that individuals use the SSA’s online services or call to schedule an appointment in advance rather than walking in without an appointment.
The SSA is continuing to require face masks (regardless of local guidance), physical distancing, and self-health checks for COVID-19 symptoms.
U.S. Citizenship and Immigration Services (USCIS) Stops Issuing Combo Cards for Employment Authorization/Travel to Address Backlog of Form I-765 Applications
Green card applicants with pending Form I-485 applications have become used to receiving a “combo” card for employment authorization (EAD) and travel (Advance Parole) while they wait for their I-485 application to be adjudicated. This policy has been in place since 2011. USCIS recently announced that it has stopped issuing combo cards due to the severe EAD application backlog. Instead, foreign nationals can expect to receive an EAD card that reads “Not Valid for Reentry to the U.S.” This EAD card cannot be used for international travel. The Advance Parole (AP) document permitting international travel will be sent to applicants separately. Since international travel advice can be specific to an individual applicant, we recommend that you contact your immigration attorney about any travel plans.
FY 2023 H-1B Cap Update: Fifty-Seven Percent Increase in Registrations
U.S. Citizenship and Immigration Services (USCIS) announced on April 25, 2022, that it received 482,927 H-1B cap registrations for FY 2023, which is a 57% increase from the number of registrations received in FY 2022. More than 48,000 prospective employers registered workers in the lottery. Approximately one-third of all eligible registrations requested consideration under the advanced degree exemption. USCIS considers historical data related to approvals, denials, revocations, and other relevant factors to calculate the number of petitions needed to meet the H-1B cap for the fiscal year.
USCIS received 308,613 H-1B registrations in FY 2022 and initially selected 87,500 registrations projected as needed to reach the FY 2022 numerical allocations. They conducted a second selection in July 2021 and a third selection in November 2021. This resulted in a total of 131,970 selected registrations for FY 2022.
For FY 2023, USCIS received 483,927 H-1B registrations and initially selected 127,600 registrations projected as needed to reach the FY 2023 numerical allocations. Those with selected registrations will have their myUSCIS accounts updated to include a selection notice, which includes details about when and where to file. It is not known whether there will be any additional registration selections this year at this time.
Temporary Protected Status (TPS) Designations Announced for Ukraine, Afghanistan, and Sudan
TPS for Ukraine
The Biden Administration has announced the designation of Ukraine for Temporary Protected Status for a period of 18 months. To be eligible for TPS under the designation for Ukraine, an individual must have continuously resided in the U.S. since March 1, 2022, among other requirements. The publication of the official notice in the Federal Register will provide information about the application process and registration period. Currently, it remains forthcoming.
Links:
USCIS Press Release: https://www.uscis.gov/newsroom/news-releases/secretary-mayorkas-designates-ukraine-for-temporary-protected-status-for-18-months
USCIS TPS HomePage:https://www.uscis.gov/humanitarian/temporary-protected-status
TPS for Afghanistan
On March 16, 2022, the US Department of Homeland Security (DHS) announced the designation of Afghanistan for Temporary Protected Status (TPS) for 18 months. Only those individuals who were already residing in the United States as of March 15, 2022, will be eligible for TPS.
The 18-month designation of TPS for Afghanistan will go into effect on the publication date of the forthcoming Federal Register notice. The Federal Register notice will provide instructions for applying for TPS and an Employment Authorization Document.
Links:
USCIS Press Release: https://www.uscis.gov/newsroom/news-releases/secretary-mayorkas-designates-afghanistan-for-temporary-protected-status
USCIS TPS Home Page:https://www.uscis.gov/humanitarian/temporary-protected-status
TPS for Sudan
On March 2, 2022, the US Department of Homeland Security (DHS) announced a new designation of Sudan for TPS. Individuals newly eligible for TPS under the Sudan designation must have continuously resided in the United States since March 1, 2022. This includes those who benefited from the previous TPS designation for Sudan, which required continuous residence in the United States on or before January 9, 2013.
Regarding the previous designation of Sudan for TPS, in October 2017, a Federal Register notice announced the termination of Sudan’s TPS designation effective November 2, 2018. However, due to litigation, TPS for Sudan has remained in effect to date. Existing TPS Sudan beneficiaries retain their TPS and TPS-related documents through December 31, 2022, and DHS will continue to extend the benefit and documents, as required by court order. However, these beneficiaries are also strongly encouraged to register under the new designation of Sudan to receive TPS benefits for the full 18-month period. Individuals will need to file a new application to register for TPS to avoid losing TPS or experiencing a gap in coverage.
The Federal Register notice for Sudan is forthcoming. Federal Register notices include instructions for applying for TPS and an Employment Authorization Document (EAD).
Links:
Based on April Visa Bulletin Date for Filing for India, USCIS Urges Eligible Individuals to Consider Applying for Adjustment of Status in the EB-2 Category
On March 17, 2022, USCIS announced that in the April 2022 Visa Bulletin, the Department of State advanced the Date of Filing applications for an immigrant visa or adjustment of status application in the EB-2 category for India from September 1, 2013, to September 1, 2014. USCIS highlighted this and suggested that if an individual has an approved EB-2 immigrant visa petition that is chargeable to India and a priority date prior to September 1, 2014, those individuals should consider applying for adjustment of status in April.
Link:
USCIS Announcement: https://www.uscis.gov/newsroom/alerts/uscis-urges-eligible-individuals-to-consider-applying-for-adjustment-of-status-in-the-eb-2-category
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).
The US Department of State Highlights High Number Use in Employment Third Preference Category May Require the Establishment of a Worldwide Final Action Date as Early as June
Due to high number use in the Employment Third Preference “Other Workers” (EW) category, the Department of State may need to establish a worldwide final action date as early as June to hold number use within the maximum allowed under the Fiscal Year 2022 annual limit.
Link:
Department of State April 2022 Visa Bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2022/visa-bulletin-for-april-2022.html
USCIS has Extended Flexibility for Responding to Agency Requests Through July 25, 2022
USCIS has extended until July 25, 2022, the COVID-19 flexibilities it established for responses to Requests for Evidence (RFEs) and other similar response-based notices and requests and filing date requirements for filing Form I-290B, Notice of Appeal or Motion.
Link:
USCIS announcement: USCIS Extends Flexibility for Responding to Agency Requests
USCIS Taking Steps to Reduce Backlog, Including Allowing Premium Processing in More Types of Cases
Due to the COVID-19 pandemic and resource constraints resulting from the previous administration, USCIS inherited a significant number of pending cases and increased processing times. To address these issues, on March 29, 2022, U.S. Citizenship and Immigration Services (USCIS) announced several efforts they will be implementing to increase efficiency and reduce caseloads and processing times. These efforts will include setting new agency-wide backlog reduction goals, expanding premium processing to additional form types, and working to improve timely access to employment authorization documents. Following this announcement, on March 30, 2022, USCIS published the final rule “Implementation of the Emergency Stopgap USCIS Stabilization Act.” The highlights of the final rule include:
Sets the premium processing fee schedule at:
$2,500 for most EB petitions including H-1B and O (this is what the current PP fee is)
$1,750 for change of status to F, M, or J and change of status to E, H, L, O, P, or R dependent
$1,500 for I-765 EAD application
Sets premium processing timeframes at (business days):
15 days for most apps and petitions including I-129s and I-140s
30 days for COS to F, J, M, or to E, H, L, O, P, or R dependent
30 days for I-765 EAD applications
The expanded premium processing has not yet been implemented by USCIS, however. Iandoli Desai and Cronin is monitoring and will provide updates when such expanded options are available.
Links:
USCIS final rule: Implementation of the Emergency Stopgap USCIS Stabilization Act
CARACEN, et al. v. Jaddou, et al. Settlement Reopens Pathway to Permanent Residence for Some TPS Recipients
On March 21, 2022, the plaintiffs and defendants in the case CARECEN, et al. v. Jaddou, et al. entered into a stipulation of settlement and dismissal. This case challenged a policy change made in December 2019 under the Trump administration that upended a long-standing US Citizenship and Immigration Services (USCIS) practice that previously provided TPS beneficiaries in removal proceedings who had traveled abroad using advance parole a pathway to adjust their status to that of a lawful permanent resident.
The agreement in this case reopens this pathway for certain TPS beneficiaries giving them the chance to reopen and dismiss their orders of removal and to apply to become permanent residents.
Links:
CARACEN Settlement: https://democracyforward.org/wp-content/uploads/2022/03/CARECEN-DE-68-Settlement.pdf
December 2019 USCIS Policy Change: https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20191220-TPSTravel.pdf
Extension of Validity of Certain Employment Authorization Documents Issued Under TPS for Somalia
The U.S. Department of Homeland Security has automatically extended the validity of certain Employment Authorization Documents with a Category Code of A12 or C19 issued under TPS for Somalia through September 12, 2022.
Links: