Visa Lawyer Blog

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We close off the week with some new announcements from the United States Citizenship and Immigration Services (USCIS) regarding TPS extensions for Haitian nationals, and USCIS commitments to improve immigration in the new year – fiscal year 2023.

TPS Extended for Haitian Nationals

On December 5, 2022, the Secretary of Homeland Security, Alejandro N. Mayorkas, announced that the TPS designation for Haiti will be automatically extended for 18 additional months. Haitian nationals with TPS benefits will have the opportunity to re-register for an extension of their TPS benefits for a period of 18 months from February 4, 2023, through August 3, 2024.

This automatic extension has been granted because the Secretary has determined that conditions continue to exist to support Haiti’s TPS designation due to extraordinary and temporary conditions in the country including a prolonged political crisis, insecurity, gang violence, and catastrophic earthquakes. According to Secretary Mayorkas, “The conditions in Haiti, including socioeconomic challenges, political instability, and gang violence and crime – aggravated by environmental disaster – compelled the humanitarian relief we are providing today.”

As a reminder, Haitians entering the United States after November 6, 2022, are not eligible for TPS benefits and, will be subject to removal from the United States if they have no legal basis to remain in the country.

TPS will apply only to those individuals who have already been residing in the United States as of November 6, 2022, and who meet all other requirements to receive the TPS extension. Those who attempt to travel to the United States after November 6, 2022, are NOT eligible for TPS benefits.

Soon, the Department of Homeland Security will publish a notice in the Federal Register explaining the eligibility criteria and procedures to re-register for TPS, renew Employment Authorization Documents (EADs), and submission of initial TPS application under the re-designation.

For more information, please click here.

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Welcome to the start of a brand-new week. In a recent announcement, the U.S. Customs and Border Protection (CBP) Carrier Liaison Program, revealed that United States visas issued at all U.S. embassies and consulates worldwide will now have a new look.

Foreign nationals seeking to visit, work, or remain temporarily in the United States must apply for U.S. visas at foreign consulates or embassies overseas. Once a U.S. visa has been approved following the in-person visa interview, consulates stamp and issue the U.S. visa in the applicant’s foreign passport.

Previously, U.S. visas were printed with the image of Abraham Lincoln, but now U.S. visas will debut a new design.

To ensure the security of documents and protect against counterfeiting, the government has said it will begin issuing new visa foils in the year 2023, replacing the prior image of Abraham Lincoln with the iconic San Francisco Golden Gate Bridge. These new visas are referred to as “Bridge” visa foils. Visas with the new “Bridge” foil are expected to be rolled out as early as 2023.

According to CBP’s announcement:

  • The U.S. has begun issuing a new Bridge visa foil
  • This is a redesigned visa foil that will replace the Lincoln visa.
  • As each consular posts depletes Lincoln visa stock, they will begin to issue Bridge visas.
  • All Lincoln visas will remain valid until the printed expiration date, unless revoked or canceled.
  • The Lincoln visas that will gradually be phased out were first issued in 2022.
  • Revisions to visa designs make altering and counterfeiting more difficult, officials state.

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Welcome back to Visalawyerblog!

In this blog post, we bring you the latest information regarding Diversity Visa reassignment procedures for Afghan nationals.

Recently, the State Department announced the appropriate procedures for Diversity Visa lottery case reassignment for Afghan nationals.

Due to the suspension of visa operations at the U.S. Embassy in Kabul, Diversity Visa selectees for the 2023 Diversity Visa program year are advised to request reassignment of their cases to another embassy or consulate abroad that processes Diversity Visa applications.

To understand which Consular posts can accept your case, you must carefully review the U.S. Embassy webpage where you are seeking reassignment. For case reassignment to occur, you must be physically present in the consular district where the consulate or embassy is located at the time of your visa interview. Additionally, you must have permission from the consulate for case reassignment and the ability to remain in that country for a period of time sufficient to complete the processing of your visa application.

How Can I Request Reassignment?

To request reassignment, you must send an e-mail to KCC at KCCDV@state.gov with the subject line “Kabul Reassignment Request.”  Your email must include the following information: (1) full name, (2) date of birth, (3) case number, and (4) the name of the embassy or consulate where you would like your case to be reassigned.  After the KCC reviews your request, you will receive an email confirmation that your reassignment request was successful or, alternatively, requesting more information.  All emails are reviewed in the order they are received.

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In this blog post, we cover the release of the December Visa Bulletin 2022 and what you can expect for employment based and family preference categories during the upcoming month of December.

The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month. The “Final Action Dates” and “Dates for Filing Applications,” charts indicate when immigrant visa applicants should be notified to assemble and submit the required documentation to the National Visa Center.

Adjustment of Status Filing Chart December 2022

For Family-Sponsored Filings:

Pursuant to guidance released by USCIS, for all family-sponsored preference categories, applicants must use the  Dates for Filing chart in the Department of State Visa Bulletin for December 2022.

For Employment-Based Preference Filings:

All applicants, falling under employment-based preference categories, must use the Dates for Filing chart in the Department of State Visa Bulletin for December 2022.

December 2022 Visa Bulletin Dates for Filing Cutoff Dates

Employment-Based Categories

DATES FOR FILING FOR EMPLOYMENT-BASED PREFERENCE CASES

According to the Department of State’s December 2022 Visa Bulletin, the following Dates for Filing cutoff dates will apply for the issuance of an immigrant visa for employment-based categories:

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On behalf of all of us at the Sapochnick Law Firm, we would like to wish you and your family a very safe and Happy Thanksgiving.

We thank you for your trust and support these past years. We take this time to reflect on the stories of our clients. Day in and day out, we draw inspiration from your struggles, and most of all, we recognize the great impact that we have on your lives and those of your loved ones. We are grateful to have a community that supports our mission and pushes us to set the bar even higher. It is a privilege to serve you.

Indeed, we have much to be thankful for. We invite you to share with us what you are grateful for this holiday season.

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We kick off the Thanksgiving week with some exciting news.

Recently, the American Immigration Lawyers Association (AILA) met with representatives from the Department of State to address some issues of concern relating to several different immigration topics.

We provide a summary of the questions asked and responses from the Department of State down below that was part of a recent roundtable with representatives from Consular Affairs.

Nonimmigrant and Immigrant Visa Applications from Third Country Nationals

Representatives reminded nonimmigrant visa applicants, including students, that they can apply for their visas at any embassy or consulate where they are physically present and obtain a visa appointment.

Additionally, immigrant visa applicants can request to transfer their case to another embassy or consulate if they are unable to travel to the post where their case is assigned.

As to the possibility for virtual visa interviews, the State Department has said immigrant visa applicants are required to appear in person before a consular officer to provide fingerprints, therefore video interviews would be of limited utility.

Interview Waivers

AILA informed the State Department that it appears that some appointment scheduling systems incorrectly identify applicants that are clearly not eligible for interview waivers as eligible and invite them to send in their passports for visa issuance.

In these instances, once the passport is submitted to the post, it is determined that the applicant is not eligible for an interview waiver, the applicant has to be contacted, their passport has to be returned, and they have to then schedule an in-person interview appointment.

The State Department has said it is not aware of this issue happening at posts and recommended that those experiencing issues with applications submitted via interview waiver processes should contact the relevant post for information.

E-2 Treaty Investor Visas  

Question: 9 FAM 402.9-6(A)(a)(4) informs officers that one of the determinations in evaluating E-2 Treaty Investor applications is that the: “Enterprise is a real and operating commercial enterprise,” and is then referred to 9 FAM 402.9-6(C) for further discussion.

The first sentence of 9 FAM 402.9-6(C) states: “The enterprise must be a real and active commercial or entrepreneurial undertaking, producing some service or commodity.” The third sentence of 9 FAM 402.9-6(C) continues the description of the enterprise to state, “It cannot be a paper organization or an idle speculative investment…”Especially in the context of start-up businesses, defining these terms will provide greater clarity and guidance to E-2 visa applicants.

Please confirm: Are the words “operating” at 402.9-6(A)(a)(4) and “active” at 402.9-6(C) used interchangeably?

Answer: Almost. The term “active” at 402.9-6(C) was used to ensure that new enterprises that had not yet begun producing services or commodities, but which were actively taking steps to become operational, could also provide a basis for E visa issuance.

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In this blog post, we share with you the list of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs next year.

By law, DHS has the authority to update the eligible countries lists at any time by publishing a notice in the Federal Register, if the agency determines that a country fails to meet the requirements for continued designation.

The H-2A and H-2B visa programs enable U.S. employers to bring foreign nationals to the United States to fill temporary agricultural and nonagricultural jobs, respectively.

USCIS approves H-2A and H-2B petitions only for nationals of countries that the secretary of homeland security has designated as eligible to participate in the programs. However, USCIS may approve H-2A and H-2B petitions, including those that were pending as of the date of publication of the Federal Register Notice, for nationals of countries not on the lists on a case-by-case basis only if doing so is determined to be in the interest of the United States.

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Happy Veterans Day! On behalf of our law office, we would like to thank the servicemen and women who have dedicated their lives to protect our country. We are grateful to you for the sacrifices you have made and your service.

We close off the week with a recent update from the U.S. Department of State regarding immigrant visa processing in Havana, Cuba.

According to a new announcement made yesterday, the U.S. Embassy in Havana, Cuba, will fully resume immigrant visa processing beginning January 4, 2023.

This will include processing of immigrant petitions for immediate relatives, other family preference categories, diversity visas, and K fiancé(e) visas.

For its part, the U.S. Embassy in Georgetown, Guyana, will continue processing of Cuban immigrant visa applications for those individuals who were scheduled to attend in-person interviews there through the end of December of this year.

Immigrant visa applicants whose appointments were originally scheduled in Georgetown will complete case processing in Georgetown.

Sadly, case transfers from Georgetown to U.S. Embassy, Havana are not available for applicants who have already been scheduled to attend interviews in Georgetown.

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DACA recipients can now breathe a sigh of relief. We are happy to report that the Department of Homeland Security recently published a final rule in the Federal Register, taking a major step to safeguard the Deferred Action for Childhood Arrivals (DACA) program, while the fight to uphold DACA is in litigation.

What does this mean?

The final rule officially took effect on October 31, 2022, to codify existing policy, preserve, and fortify DACA.

This means that effective October 31, 2022, pursuant to the final rule, the U.S. Citizenship, and Immigration Services (USCIS) will accept and process renewal DACA requests and accompanying requests for employment authorization (EAD), consistent with court orders and an ongoing partial stay. Currently, valid grants of DACA, related employment authorization, and advance parole will continue to be recognized as valid under the final rule. Those with pending DACA renewal applications, do not need to reapply.

USCIS will also continue to accept and process applications for advance parole for current DACA recipients and will continue to accept but will not process initial (new) DACA requests.

Pursuant to an injunction and partial stay, handed down by the U.S. District Court for the Southern District of Texas, DHS is prohibited from granting initial (new) DACA requests and related employment authorization under the final rule.

While this is a temporary measure to protect existing DACA benefits, Secretary of Homeland Security, Alejandro Mayorkas stated, “Ultimately, we need Congress to urgently pass legislation that provides Dreamers with the permanent protection they need and deserve.”

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In this blog post, we bring you some unfortunate news. Recently, the U.S. Department of Education announced that it will no longer recognize the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency.

Sadly, this means that certain F-1 student visa applicants will be impacted by this change, including those undertaking an English language study program. The U.S. Citizenship and Immigration Services has said that such programs are required to be accredited under the Accreditation of English Language Training Programs Act.

Additionally, this change will impact F-1 students applying for a 24-month science, technology, engineering and mathematics (STEM) optional practical training (OPT) extension, because government regulations now require use of a degree from an accredited, Student and Exchange Visitor Program (SEVP) certified school to receive a STEM OPT extension.

The regulations make clear that the school must be accredited at the time of the application (the date of the designated school official’s (DSO) recommendation on the Form I-20, Certificate of Eligibility for Nonimmigrant Student Status).

What happens next?

Students who have been impacted by this change will receive notification letters from SEVP informing them that their schools’ certification has been withdrawn.

USCIS has said that students who are enrolled at an ACICS-accredited school should contact their DSOs immediately to understand how this loss of accreditation will impact their status and/or immigration benefits.

To make matters worse, schools accredited by ACICS will not be able to issue program extensions, and students will only be allowed to finish their current session if the ACICS-accredited school chooses to voluntarily withdraw its certification or if is withdrawn by SEVP.

If a student’s ACICS-accredited school can provide evidence of a Department of Education recognized accrediting agency or evidence in lieu of accreditation within the allotted timeframe, the student may remain at the school to complete their program of study.

Requests for Evidence Imminent for I-539 Extend/Change of Status

The U.S. Citizenship and Immigration Services (USCIS) will be issuing requests for evidence (RFEs) to individuals who filed Form I-539, Application to Extend/Change Nonimmigrant Status, on or after August 19, 2022, requesting a change of status or reinstatement to attend an ACICS-accredited English language study program.

Once the individual receives the RFE, they will be given the opportunity to provide evidence in response, such as documentation showing that the English language study program they are seeking to enroll in meets the accreditation requirements.

If the student does not submit a new Form I-20 from a school accredited by an entity recognized by the Department of Education, USCIS will deny a change of status or reinstatement request.

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