Dreamers’ Access to Employment-Based Visas Using D-3 Waivers – Updates Provided to Consular Officers
The Department of State updated its Foreign Affairs Manual clarifying that visa applicants who have earned a degree at an accredited U.S. institution of higher education and have received a job offer from a U.S. employer in a field related to their degree can qualify for expedited processing of D-3 waivers. D-3 waivers are required in situations where individuals seeking temporary admission to the U.S. are inadmissible due to a prior immigration violation. The updated guidance directs consular officers to consider an expedited review in the public interest where the applicant has a U.S. degree and is entering the country to resume or begin work with a U.S. employer. The updated guidance allows for more predictable and streamlined access to employment-based visas for college-educated and workforce-ready Dreamers.
Link: President Biden Announces New Actions to Keep Families Together | The White House
New Guide on How Higher Education Can Support DACA Recipients and Dreamers for Employment-Based Visas
The Presidents’ Alliance on Higher Education and Administration has compiled a guide for leaders and administrators at institutions of higher education who are interested in learning how to support prospective and current employees who are not U.S. citizens, including Deferred Action for Childhood Arrivals (DACA) recipients, with employment-based immigration pathways. The guide contains recommendations, best practices, and outreach strategies as well as an FAQ section dedicated to employment-based visas, sponsorship procedures, and an overview of the newest policy guidance on D-3 waivers. The Presidents’ Alliance comprises American college and university leaders dedicated to increasing public understanding of how immigration policies and practices impact students, campuses and communities.
USCIS Opens International Field Office in Quito, Ecuador
USCIS opened an international field office in Quito, Ecuador, on September 10, 2024, to provide immigration expertise to the U.S. embassy and regional partners in support of the Safe Mobility Offices in Ecuador. The Safe Mobility initiative facilitates expedited refugee processing through the U.S. Refugee Admissions Program and provides information and referrals to other lawful migration pathways to the United States and other countries. In addition to supporting refugee processing, the USCIS Quito Field Office assumes responsibility for processing Form I-730, Refugee/Asylee Relative Petition, overseeing DNA sample collection, conducting overseas verification requests, and other USCIS workloads that the Department of State’s consular staff currently handles. USCIS performs certain fraud detection-related activities and provides other limited services. Services are available only by appointment; no walk-ins are allowed.
Designation of the State of Qatar into the Visa Waiver Program
Per a joint Department of Homeland Security and State Department announcement, nationals of Qatar will be eligible to apply for visa-free business or tourist visitor travel to the United States starting no later than December 1, 2024. Qatari nationals will be able to apply for visa-free visitor travel through the Electronic System for Travel Authorization (ESTA).
USCIS Extends Certain Fee Exemptions and Expedited Processing for Afghan Nationals
Afghan nationals paroled into the United States on or after July 30, 2021, are eligible for continued fee exemptions and streamlined processing for various immigration benefits. The extension is being implemented to enable USCIS to more quickly process applications and requests for associated services. A full list of Fee Exemptions and forms eligible for Expedited Processing is available on the USCIS web site.
Link: USCIS Extends Certain Fee Exemptions and Expedited Processing for Afghan Nationals | USCIS
DHS Notice of Employment Authorization for Liberian Nationals Covered by Deferred Enforced Departure
Deferred Enforced Departure (DED) and employment authorization has been extended through June 30, 2026, for eligible noncitizens who are nationals of Liberia (or persons having no nationality who last habitually resided in Liberia). The extension applies to those who are covered under DED by the June 28, 2024, Presidential Memorandum.
New Methods for Filing a Change of Address with USCIS
Non-citizen petitioners, beneficiaries, and applicants must inform USCIS of any change of home address. For most non-citizens USCIS must be notified within 10 days of moving. Individuals are reminded that changing an address with the U.S. Postal Service will not change an address with USCIS and the U.S. Postal Service will not forward mail from USCIS even with a forward mail request on file at the Post Office.
The two available methods for address change are:
Through a new or existing USCIS online account (attorney or individual account)
Or sending a paper Form AR-11, Alien’s Change of Address Card, by mail.
Exceptions exist for:
Sponsors who sign a Form I-864, Affidavit of Support must file Form I-865 Sponsor's Notice of Change of Address to update USCIS with their change of address within 30 days of their move. This form is still filed on paper (not electronically).
A change of address in a pending Freedom of Information Act (FOIA) or Privacy Act (PA) request should still be made by contacting USCIS by email at FOIAPAQuestions@uscis.dhs.gov.
USCIS Makes Additional Updates to Policy Guidance for “Sought To Acquire” Requirement Under Child Status Protection Act
The Child Status Protection Act (CSPA) protects certain beneficiaries from losing eligibility for immigrant visas and adjustment of status due to their aging during the immigration process, which can lead to the beneficiary no longer qualifying as a child for immigration purposes. The CSPA provides a method to calculate the noncitizen’s age based on the date an immigrant visa becomes available. To benefit from the calculation, the noncitizen must seek to acquire lawful permanent resident (LPR) status within 1 year of immigrant visa availability. To date, USCIS had not addressed the effect on the CSPA age calculation for a noncitizen whose extraordinary circumstances (for the purpose of excusing the “sought to acquire” element) existed within the period a visa first becomes available.
On September 25, 2024, USCIS clarified that the Agency calculates the CSPA age of an applicant who established extraordinary circumstances and is excused from the sought to acquire requirement using the date that the immigrant visa first became available when that immigrant visa is continuously available for a 1-year period without any intervening visa unavailability. Additionally, in instances where the immigrant visa became available and then unavailable, USCIS may calculate an applicant’s CSPA age using the date an immigrant visa first became available if the applicant demonstrates extraordinary circumstances for not applying for adjustment of status before the immigrant visa became unavailable.
Link: USCIS Makes Additional Updates to Policy Guidance for the “Sought to Acquire” Requirement Under the Child Status Protection Act | USCIS
USCIS Issues Fact Sheet on Family-Based Conditional Permanent Resident Waiver Filing Requests
USCIS issued a fact sheet on September 12, 2024, with information on family-based conditional permanent resident status, specifically regarding the joint filing of Form I-751 (Application to Remove Conditions) when it is required. The fact sheet explains how to identify if there are conditions on one’s permanent resident status, the differences between joint petitions and waivers, and critical filing timelines.
Link: Conditional Permanent Residence | USCIS
Green card validity extended to 36 months while waiting for replacement card
Effective Sept. 10, 2024, U.S. Citizenship and Immigration Services (USCIS) is automatically extending the validity of Permanent Resident Cards (Green Cards) to 36 months for lawful permanent residents who properly file Form I-90, Application to Replace Permanent Resident Card, to renew an expiring or expired Green Card. Form I-90 receipt notices had previously provided proof of an automatic 24-month extension. USCIS has since updated the language on Form I-90 receipt notices to extend validity for 36 months from the expiration date on the face of the current Green Card for individuals with a newly filed Form I-90 renewal request. USCIS has started printing amended receipt notices for individuals with a pending Form I-90. These receipt notices can be presented with an expired Green Card as evidence of continued status and employment authorization. Permanent Residents who no longer have their Green Cards and need evidence of lawful permanent resident status while waiting on a replacement may contact USCIS to schedule an appointment at a Field Office where they can obtain an Alien Documentation, Identification, and Telecommunications (ADIT) stamp in their passport after filing Form I-90.
Link: USCIS Extends Green Card Validity Extension to 36 Months for Green Card Renewals | USCIS