Canadian Government’s New Program for H-1B Visa Holders Meets Target in Just Two Days
In June 2023, the Canadian government announced its “Tech Talent Strategy,” which includes a new program to provide work permits for 10,000 H-1B visa holders, including their dependent spouses and children over the age of sixteen. The work permits are valid for up to three years and meant to attract highly skilled workers to pursue careers in the tech sector. The measure is to remain in effect for one year or until 10,000 applications are received. Immigration, Refugees and Citizenship Canada (IRCC) reached 10,000 applications in less than 48 hours. Canada may reopen the program if not all applicants are approved and enter the country.
Federal Judge Blocks Biden Administration’s Asylum Policy
The U.S. District Court of Northern California has blocked the Biden Administration’s restrictions on migrants seeking asylum, stating that the rule is “substantively and procedurally invalid” and “contrary to law because it presumes ineligible for asylum noncitizens who enter between ports of entry, using a manner of entry that Congress expressly intended should not affect access to asylum.” The judge granted a 14-day stay to give the Biden Administration time to appeal the decision.
U.S. Citizenship and Immigration Services to Conduct Second H-1B Lottery
On July 27, 2024, U.S. Citizenship and Immigration Services (USCIS) announced that it will select additional registrations to reach the FY 2024 numerical allocations for H-1B cap visas. USCIS will select additional registrations from previously submitted electronic registrations and announce once it has completed the second selection process. Those who are selected in the second round are eligible to file an H-1B cap-subject petition for FY 2024.
Iandoli, Desai & Cronin will notify current clients if their registrations are selected. Prospective clients are also welcome to schedule a consultation with one of the attorneys at Iandoli, Desai & Cronin (info@iandoli.com) if their registration is selected.
Implementation of new family reunification parole (FRP) processes for Colombia, El Salvador, Guatemala, and Honduras
On July 7, 2023, the U.S. Department of Homeland Security (DHS) announced the implementation of new family reunification parole (FRP) processes for Colombia, El Salvador, Guatemala, and Honduras. The FRP processes promote family unity and are part of comprehensive measures announced in April by DHS and the Department of State.
The new processes are for certain nationals of Colombia, El Salvador, Guatemala, and Honduras who are beneficiaries of an approved Form I-130, Petition for Alien Relative, may be eligible to be considered for parole under the new processes. Qualifying beneficiaries must be outside the United States, meet all requirements, including screening and vetting and medical requirements, and must not have already received an immigrant visa.
The processes begin with the Department of State issuing an invitation to the petitioning U.S. citizen or lawful permanent resident family member whose Form I-130 petition on behalf of a Colombian, Salvadoran, Guatemalan, or Honduran beneficiary has been approved. Beneficiaries awaiting an immigrant visa could include certain children and siblings of U.S. citizens and certain spouses and children of permanent residents. The invited petitioner can then initiate the process by filing a request on behalf of the beneficiary and eligible family members to be considered for advance travel authorization and parole.
The new processes allow for parole only on a discretionary, case-by-case, and temporary basis upon a demonstration of urgent humanitarian reasons or significant public benefit, as well as a demonstration that the beneficiary warrants a favorable exercise of discretion. Individuals paroled into the United States under these processes will generally be considered for parole for up to three years and will be eligible to request employment authorization while they wait for their immigrant visa to become available. When their immigrant visa becomes available, they may apply to become a lawful permanent resident.
The Federal Register Notices for Columbia, El Salvador, Guatemala, and Honduras provide more information on the FRP process and eligibility criteria. Additional information on the FRP processes for Cuba and Haiti is forthcoming.
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July 2023 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: a “Final Action” chart and a “Dates for Filing” chart for Family-Based immigration and Employment-Based immigration.
For July 2023, USCIS has indicated that for Employment-Based immigration cateogries, 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]. However, for all Family-Sponsored preference categories, applicants must use the “Dates for Filing Chart” in establishing eligibility to file Form I-485 Adjustment of Status petitions.
In July, the EB-1 preference category on the Final Action Chart for all countries other than China and India is “current.” This means the I-485 applications may be filed immediately with the Form I-140. However, applicants from China and India are subject to the final action date of February 1, 2022.
The EB-2 preference category remains retrogressed for all countries (including China and India) which means that individuals in these categories will not be able to file I-485 applications unless they have a “current” priority date. The priority date for all countries except India and China in the EB-2 preference is February 15, 2022. All otherwise qualified individuals with a priority date before February 15, 2022, may file their I-485 applications.
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).
Department of Homeland Security Reinstates and Extends Temporary Protected Status (TPS) Designations for El Salvador, Honduras, Nepal and Nicaragua
On June 20th, 2023, the Department of Homeland Security (DHS) announced the rescission of the Trump administration’s terminations of the Temporary Protected Status (TPS) designations for El Salvador, Honduras, Nepal and Nicaragua, which became effective June 9, 2023. DHS also announced the reinstatement and extension of TPS designation for each of these countries for 18 months. Notices for each country’s designation have been published in the Federal Register providing the eligibility criteria, re-registration timelines, and procedures that current beneficiaries of TPS from those countries will need to engage in so that they may maintain their status and renew their employment authorization documents. This redesignation limits re- registration to individuals who had previously registered for and received TPS under past designation periods, and it is not available to individuals who arrived in the US after the continuous registration dates for each country noted above.
El Salvador
DHS extended the designation of El Salvador for TPS for 18 months, from Sept. 10, 2023, through March 9, 2025. DHS has also stated that they will treat the designation of El Salvador for TPS to have been automatically extended in 6-month increments since March 9, 2018, under INA § 244(b)(3)(C). Existing TPS beneficiaries who wish to extend their status through March 9, 2025, must re-register during the 60-day re-registration period from July 12, 2023, through Sept. 10, 2023.
Honduras
DHS extended the designation of Honduras for TPS for 18 months, from January 6, 2024, through July 5, 2025. DHS has also stated that they will treat the designation of Honduras for TPS to have been automatically extended in 6-month increments since July 5, 2018, under INA § 244(b)(3)(C). Existing TPS beneficiaries who wish to extend their status through July 5, 2025, must re-register during the 60-day re-registration period from Nov. 6, 2023, through Jan. 5, 2024.
Nepal
DHS has extended the designation of Nepal for TPS for 18 months, from Dec. 25, 2023, through June 24, 2025. DHS has also stated that they will treat the designation of Nepal for TPS to have been automatically extended in 6-month increments since June 24, 2018, under INA § 244(b)(3)(C). Existing TPS beneficiaries who wish to extend their status through June 24, 2025, must re-register during the 60-day re-registration period from Oct. 24, 2023, through Dec. 23, 2023.
Nicaragua
DHS has extended the designation of Nicaragua for TPS for 18 months, from Jan. 6, 2024, through July 5, 2025. DHS has also stated that they will treat the designation of Nicaragua for TPS has been automatically extended in 6-month increments since Jan. 5, 2018, under INA § 244(b)(3)(C). Existing TPS beneficiaries who wish to extend their status through July 5, 2025, must re-register during the 60-day re-registration period from Nov. 6, 2023, through Jan. 5, 2024.
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COVID-19 Form I-9 Flexibilities to Expire at the end of July
The COVID-19 pandemic flexibilities associated with Form I-9 requirements that have been in place since March 2020 are set to expire on July 31, 2023. Immigration and Customs Enforcement (ICE) is encouraging employers who have been using the temporary flexibilities to plan ahead to make sure that all of the required physical inspection of identity and employment eligibility documents has been completed by August 30, 2023.
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USCIS Provides Guidance on Eligibility for Employment Authorization Documents (EADs) Based on Compelling Circumstances
Earlier this month, USCIS published guidance laying out the eligibility criteria for Employment Authorization Documents (EADs) based on compelling circumstances. This employment authorization may be provided to certain nonimmigrants who are the beneficiaries of approved employment-based immigrant visa petitions and their qualifying spouse and children, and who are caught in the continually expanding backlogs for immigrant visas and are facing compelling circumstances. This stopgap measure is intended to address certain particularly difficult situations, including those that previously may have forced individuals on the path to lawful permanent residence to abruptly stop working and leave the United States.
Category (c)(35) is for principal beneficiaries of approved Form I-140s who are in the United States in E-3, H-1B, H-1B1, L-1, or O-1 nonimmigrant status and are applying for an initial grant of employment authorization based on “compelling circumstances,” or a renewal of such authorization.
Category (c)(36) is for qualifying dependent spouses and children of a principal beneficiary granted employment authorization under category (c)(35).
USCIS may grant employment authorization and issue an Employment Authorization Document (EAD) in these two categories for up to one year if we determine that there are compelling circumstances that justify issuing employment authorization.
NOTE: USCIS considers an applicant with a valid EAD based on compelling circumstances to be in a period of authorized stay by the Secretary of Homeland Security. If you receive a compelling circumstances EAD, and begin working based on this EAD, you will be in a period of authorized stay, but you will no longer be maintaining your nonimmigrant status. However, you generally will not accrue unlawful presence in the U.S. while the EAD is valid or, if you filed a non-frivolous application on time, while your application is pending.
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Canadian Government Announces New Immigration Policy to Attract H-1B Holders and other Tech Talent
On June 27, 2023, the Honourable Sean Fraser, the Canadian Minister of Immigration, Refugees and Citizenship, announced the launch of Canada’s first-ever Tech Talent immigration strategy.
This immigration strategy is designed to help businesses in Canada thrive and include aggressive immigration attraction measures, such as some of the items indicated below:
The creation of an open work permit visa pathway for H-1B visa holders in the US to apply for a Canadian work permit, and study or work permit options for their accompanying family members;
The development of an “Innovation Stream” to attract highly talented individuals;
The promotion of Canada as a destination for remote workers (“digital nomads”); and Improvements to the Start-Up Visa Program, among others.
The Canadian government is embracing and promoting Canada’s emerging role as a leader in global tech talent recruitment. Their goal is to ensure that Canada is able to satisfy current employment needs and attract individuals with the skills and business talent necessary for the future.
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Biden Administration Announces Future Launch of Pilot Program for Certain Indian H-1B Beneficiaries to Obtain Visa Stamps From Within the US
(***PLEASE NOTE THERE ARE NO ADDITIONAL DETAILS ABOUT THE PILOT PROGRAM AVAILABLE AT THIS TIME***)
On June 22, 2023, the Biden Administration announced the planned launch of a pilot program later this year to allow for the domestic renewal of certain petition-based temporary work visas, including for Indian nationals. The Department of State (DOS) will implement this pilot program for an expanded pool of H-1B and L visa holders in 2024, with the goal of eventually broadening the program to include other eligible categories.
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