U.S. Citizenship and Immigration Services to Publish Revised Form I-9
U.S. Citizenship and Immigration Services (USCIS) will publish a revised version of Form I-9, Employment Eligibility Verification on August 1, 2023. Among the improvements to the form is a checkbox E-Verify employers can use to indicate remote examination of identity and employment authorization documents. Employers who were participating in E-Verify and created a case for employees whose documents were examined during COVID-19 flexibilities (March 20, 2020, to July 31, 2023), may choose to use the new alternative procedure starting on August 1, 2023, to satisfy the physical document examination requirement by August 30, 2023. Employers who were not enrolled in E-Verify during the COVID-19 flexibilities must complete an in-person examination by August 30, 2023. The revised Form I-9 will be published on uscis.gov on August 1, 2023. Employers can use the current Form I-9 (edition date 10/21/19) through October 31, 2023.
Customs and Border Protection Announces ESTA Ineligibility for Travelers Who Have Been Present in Cuba
In January 2021, the Secretary of State designated Cuba as a State Sponsor of Terrorism, making individuals who have been present in Cuba on or after this date ineligible for travel under the visa waiver program (VWP). The restriction on VWP travel also applies to individuals who are dual nationals of both a VWP country and Cuba at the time of applying. On July 6, 2023, the Department of Homeland Security updated the Electronic System for Travel Authorization (ESTA) application to reflect these changes. If an ESTA application has already been approved and it is later determined that the traveler has been present in Cuba or holds dual nationality with both a VWP country and Cuba, ESTA will be revoked, with very limited exceptions for certain military and government employees.
Department of Homeland Security to Begin Implementation of Family Reunification Parole Process for Colombia, El Salvador, Guatemala, and Honduras
The Department of Homeland Security (DHS) announced the start of new family reunification parole (FRP) processes for nationals of Colombia, El Salvador, Guatemala, and Honduras whose family members are U.S. citizens or lawful permanent residents and who have received approval to join their family in the United States. Nationals of these countries can be considered for parole for a period of up to three years while they wait to apply to become a lawful permanent resident. Qualifying beneficiaries of an approved Form I-130, Petition for Alien Relative, 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. Individuals paroled into the United States will be able to apply for employment authorization while they wait to become a lawful permanent resident.
European Union Introduces New Visa Requirement for U.S. Citizens, Other Nationals to Travel to Europe
The European Union (EU) announced a new travel requirement for U.S. nationals and over sixty other visa-exempt countries. Citizens of these countries will not be required to obtain travel authorization to enter most European countries. Starting in 2024, visa-exempt nationals traveling to the EU for short-term stays, including visits for tourism and business, will need to obtain ETIAS travel authorization. ETIAS travel authorization is valid for a visit of up to 90 days within a 180-day period. Applications for travel authorization cost seven euros for people over 18 and under 70 years of age and can be completed on the ETIAS website. ETIAS is currently not operational and the date at which it will begin accepting applications has not been released. Most applications should be processed “within minutes” but the EU recommends applying well in advance of a trip in the event that an application requires additional information or an interview.
USCIS Announces Online Self-Service Tool to Reschedule Biometrics Services Appointments
U.S. Citizenship and Immigration Services (USCIS) announced a new self-service tool allowing benefit requestors, and their attorneys and accredited representatives, to reschedule most biometric services appointments online. Previously, a biometric services appointment could only be rescheduled by calling the USCIS Contact Center. With this new tool, those individuals with a USCIS online account can reschedule most biometric services appointments without having to call USCIS. The new tool, however, cannot be used to reschedule an appointment that already has been rescheduled two or more times, is within twelve hours, or that has already passed.
U.S. Citizen and Immigration Services Expands myProgress to Form I-765 and Form I-131
U.S. Citizenship and Immigration Services (USCIS) announced the availability of myProgress (formerly known as personalized processing times) for Form I-765, Application for Employment Authorization, and Form I-131, Application for Travel Document. Applicants with a pending Form I-765 or Form I-131 can now log in to their USCIS online account to view confirmation of completed steps and estimated wait times until the next step in their case processing is completed. myProgress updates are available for applications filed online or for paper-filed cases later linked to a USCIS online account using an online access code.
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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