USCIS Extends Green Card Validity to 24 Months for Green Card Renewals
Beginning September 26, 2022, U.S. Citizenship and Immigration Services (USCIS) will begin automatically extending the validity of Permanent Resident Cards (a.k.a. Green Cards) to 24 months for permanent residents who file Form I-90, Application to Replace Permanent Resident Cards. Form I-90 receipt notices had previously provided for a 12-month extension of the validity of a green card. Individuals who file an I-90 after September 26, 2022 will receive a receipt notice that provides for the new 24-month extension. Additionally, on September 26, USCIS also began printing amended receipt notices to send to individuals who currently have pending I-90 applications so that they may benefit from the longer extension period, as well.
October 2022 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 October, U.S. Citizenship and Immigration Services (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].
In October the EB-1 preference category on the Dates for Filing 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, and India has retrogressed.
Rapid forward movements of the India E2 final action and application filing dates during FY-2022 were made to maximize number use under the unprecedented high employment limit of 281,507. As a result, heavy applicant demand has materialized and coupled with significantly lower visa number availability for India E2 for FY-2023 as compared to FY-2022, corrective action was required to keep number use within the maximum allowed under the FY-2023 annual limits. The situation will be continually monitored, and any necessary adjustments made accordingly.
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 Consolidated Appropriations Act, 2022, enacted on March 15, 2022, extended the Employment Fourth Preference Certain Religious Workers (SR) category until September 30, 2022. No SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight September 29, 2022. Visas issued prior to that date will be valid only until September 29, 2022, and all individuals seeking admission in the non-minister special immigrant category must be admitted (repeat admitted) into the United States no later than midnight September 29, 2022.
The SR category is listed as “Unavailable” for all countries for October. If there is legislative action extending the category, it will become available effective immediately and will be subject to the same final action dates as the other Employment Fourth Preference categories per applicable foreign state of chargeability.
High demand in the Employment Fourth category may necessitate the establishment of a worldwide final action date in the coming months to hold number use within the maximum allowed under the Fiscal Year 2023 annual limit. This situation will be continually monitored, and any necessary adjustments will be made accordingly.
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 China-Mainland Born, which retrogressed, and the imposition of a final action date in the EB-5 Unreserved categories C5, T5, I5 and R5.
If you have questions about planning, please schedule a consultation with one of the attorneys at Iandoli, Desai & Cronin (info@iandoli.com).
Shipment of Migrants to Martha’s Vineyard and Other Locations
On September 14, 2022, a group of approximately 50 Venezuelan migrants were flown from San Antonio, Texas, to Martha’s Vineyard. These migrants were lured onto planes with promises of shelter and jobs. However, these promises made to get them to board the flights were untrue. No one on Martha’s Vineyard had been advised of their arrival or was prepared for it. This surprise was the goal of the Governor DeSantis of Florida who engineered the transport of the migrants and funded it through the Florida state legislature.
Most of the migrants arrived in the U.S. to seek asylum due to economic deterioration, societal unrest, a collapsed health system and shortages of essential resources such as water, fuel and medicine in Venezuela. Seeking asylum via crossing the border is a legal process and to then be misled and used as political pawns by the very government they were seeking assistance from is unconscionable.
Since their arrival, the firm Lawyers for Civil Rights, along with Alianza Americas, filed a federal class action lawsuit on behalf of the migrants and all similarly situated people who have been fraudulently convinced to cross state lines by Governor DeSantis and the State of Florida.
Links:
DHS Notice of Extension and Redesignation of Burma (Myanmar) for TPS
On September 26, 2022, the U.S. Department of Homeland Security (DHS) announced an extension of Temporary Protected Status (TPS) for Burma for an additional 18 months. This extension period will run from November 26, 2022, through May 25, 2024.
DHS also announced a redesignation of Burma for TPS, allowing Burmese nationals (or individuals who last habitually resided in Burma) who were present in the U.S. as of September 25, 2022, to be eligible for TPS, as well.
Current beneficiaries re-registering under the extension of TPS for Burma must re-register in a timely manner during the 60-day re-registration period from September 27, 2022, through November 26, 2022, to ensure they keep their TPS and work authorization without a gap. DHS is also automatically extending through November 25, 2023, the validity of EADs previously issued under the TPS designation of Burma.
U.S. Citizenship and Immigration Services will continue to process pending applications filed under Burma’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 Burma, USCIS will grant the individual TPS through May 25, 2024, and issue an EAD valid through May 25, 2024.
Initial, first-time applicants for TPS under the redesignation of Burma must submit Form I-821, Application for Temporary Protected Status, during the initial registration period that runs from September 27, 2022, through May 25, 2024. Burma TPS applicants may file Form I-821 online. When filing a TPS application, applicants can also request an EAD by submitting a completed Form I-765, Application for Employment Authorization, with their Form I-821, or separately at a later date. Applicants may also submit Form I-765 online.
Links:
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.
Links:
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.