DHS Announces Re-Registration Process for Current Venezuelan TPS Holders
On September 8, 2022, the U.S. Department of Homeland Security (DHS) posted a Federal Register notice with information about how beneficiaries under Venezuela’s existing Temporary Protected Status (TPS) designation can re-register to retain TPS and renew their Employment Authorization Documents (EADs). DHS had previously announced the 18-month extension of Venezuelan TPS.
Only beneficiaries of the initial designation of Venezuela for TPS who were already residing in the United States in March 2021 are eligible to re-register for TPS and apply to renew their EADs, if they otherwise continue to meet eligibility requirements. Individuals re-registering must do so during the 60-day re-registration period from September 8, 2022 to November 7, 2022. Venezuelans who arrived in the United States after March 8, 2021, are not eligible for TPS. The Federal Register notice automatically extends the validity of EADs previously issued under the TPS designation of Venezuela through Sept. 9, 2023.
USCIS will also continue to process pending applications filed under Venezuela’s initial TPS designation. Individuals with a pending Form I-821, Application for Temporary Protected Status, or a related Form I-765, Application for Employment Authorization, do not need to file either application again. If USCIS approves a Form I-821 or Form I-765 filed under the initial designation of TPS for Venezuela, USCIS will grant the individual TPS through March 10, 2024, and issue a new EAD valid through March 10, 2024.
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Sarah Peterson, American Immigration Lawyers Association (AILA) Member, Testifies at Congressional Hearing on How Immigrants Strengthen the Health Care Workforce
On Wednesday, September 14, 2022, the Senate Subcommittee on Immigration, Citizenship, and Border Safety held a hearing about the U.S. shortage of physicians, the important role international physicians and nurses play providing health care access to rural/underserved areas, and how Congress can address these issues. Immigration attorney and American Immigration Lawyers Association (AILA) Member Sarah Peterson testified at the hearing. To watch a recording of the hearing or to read Sarah’s testimony, click on the link below.
DHS Notice of Special Student Relief for Burma
On September 26, 2022, the U.S. Department of Homeland Security (DHS) posted a notice in the Federal Register providing Special Student Relief (SSR) employment benefits for F-1 students from Burma experiencing severe economic hardship as a direct result of the crisis in Burma. The notice extends relief from September 27, 2022, to May 25, 2024, for eligible Burmese students.
DHS Announces Special Student Relief for Venezuelans
On September 7, 2022, the U.S. Department of Homeland Security (DHS) posted a notice in the Federal Register providing Special Student Relief (SSR) employment benefits for F-1 student from Venezuela who are experiencing severe economic hardship as a result of the humanitarian crisis in Venezuela.
SSR is the suspension of certain regulatory requirements by DHS for F-1 students from parts of the world that are experiencing emergent circumstances. Regulatory requirements that may be suspended or altered for an F-1 student include duration of status, full course of study and off-campus employment eligibility.
The notice extends relief from September 10, 2022, to March 10, 2024 for eligible Venezuelan students who were in lawful F-1 status on April 22, 2021, and are currently maintaining F-1 status.
Publication in Social Security Administration Program Operations Manual System (POMS) Regarding Policy Related to Employment Authorization for Non-immigrants
On June 2, 2022, the Social Security Administration (SSA) published “RM 10211.420 Employment Authorization for Non-immigrants” which outlines the SSA’s policies in the following scenarios:
A. Policy For Non-Immigrant Employment Authorization
B. Evidence Proving A Non-Immigrant's Employment Authorization
C. Validity Period
D. Automatic EAD Extension
E. Non-Immigrants With Automatic EAD Extensions
F. Procedure When An SSN Applicant Submits An EAD Based On An Automatic EAD Extension
G. Policy For Employment Authorization By Class Of Admission (COA)
To view the full published text, click on the link below.
$7.2 million Award Given to DOL’s OFLC to Modernize Permanent Labor Certification Program
The Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) announced in August that they had been awarded $7.2 million from the Technology Modernization Fund (TMF). This large investment will improve DOL’s permanent labor certification services, helping to increase efficiency, improve customer experience and address fraud and security risks.
USCIS Updates Guidance on Religious Workers
USCIS issued updated guidance in the USCIS policy manual to provide clarify the special immigrant religious worker filing process, verification of evidence and the site-inspection process. Additionally, for both special immigrant and R-1 nonimmigrant religious worker petitions, this update clarifies when certain petitioners may satisfy the compensation requirements even if they will not be directly compensating the religious worker.
USCIS Begins Next Phase of Premium Processing for EB-1 and EB-2 Petitions
On September 15, 2022, USCIS began implementing the next phase of its expansion of the premium processing service for certain petitioners who have a pending Form I-140, Immigrant Petition for Alien Workers, in the EB-1 and EB-2 categories.
This third phase only applies to certain previously filed Form I-140 petitions under the following classifications: E13 multinational executive and manager classification or E21 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW).
Petitioners who wish to request a premium processing upgrade must file Form I-907, Request for Premium Processing Service.
Beginning September 15, 2022, USCIS will accept Form I-907 requests for:
E13 multinational executive and manager petitions received on or before January 1, 2022; and
E21 NIW petitions received on or before February 1, 2022.
USCIS will reject premium processing requests for these Form I-140 classifications if the receipt date is after these dates. USCIS will have 45 days to take an adjudicative action on cases that request premium processing for these newly included Form I-140 classifications. USCIS is not accepting new (initial) Forms I-140 with premium processing requests at this time.
September 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 September, U.S. Citizenship and Immigration Services (USCIS) has indicated that for Employment-Based immigration, the “Final Action Dates” 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].
In September the EB-1 preference category on the Final Action Chart for all countries including China and India remains “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 September.
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. In August, the final action dates for EB-3 preference categories for Chinese and Indian nationals were April 22, 2018 and February 15, 2012, respectively. They have remained the same for September.
The EB-5 preference category was recently reformed under the EB-5 Reform and Integrity Act and the visa bulletin includes three new categories for EB-5 processing. All EB-5 preference categories are “current” except for EB-5 Unreserved (I5 and R5) for China, which shows a final action date of December 22, 2015.
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 schedule a consultation with one of the attorneys at Iandoli, Desai & Cronin (info@iandoli.com).
Click here to see complete September Visa Bulletin.
Matter of Fernandes, 28 I&N Dec. 605 (BIA 2022)
On August 4, 2021, the Board of Immigration Appeals (BIA) held that the Immigration Judge erred in denying the plaintiff’s motion to terminate based on receiving defective notice.
The BIA decision states that “On March 1, 2021, the Department of Homeland Security (“DHS”) personally served a notice to appear on the respondent. The notice to appear ordered the respondent to appear before an Immigration Judge at the Boston Immigration Court at a date and time “to be set”…At the May 6, 2021, hearing, the respondent expressly declined to concede proper service of the notice to appear and requested an opportunity to submit a motion to dismiss because the notice to appear did not specify the date and time of the initial hearing.”
“The Immigration Judge did not address the adequacy of the notice to appear. Instead, he found that the respondent was removable as charged and afforded him an opportunity to submit a written brief. On May 25, 2021, the respondent filed a motion…arguing that the notice to appear was defective because it lacked date and time information. DHS filed an opposition to the motion. On June 17, 2021, the Immigration Judge denied respondent’s motion and ordered him removed.”
The BIA remanded the case to the Immigration Judge to remedy the deficient notice to appear based on the following:
“(1) The time and place requirement in section 239(a)(1) of the Immigration and Nationality Act, 8 U.S.C. § 1229(a)(1) (2018), is a claim-processing rule, not a jurisdictional requirement.
(2) An objection to a noncompliant notice to appear will generally be considered timely if it is raised prior to the closing of pleadings before the Immigration Judge.
(3) A respondent who has made a timely objection to a noncompliant notice to appear is not generally required to show he or she was prejudiced by missing time or place information.
(4) An Immigration Judge may allow the Department Homeland Security to remedy a noncompliant notice to appear without ordering the termination of removal proceedings.”