Articles Posted in Biden administration

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Happy Friday! We close the week with an important new update for nationals of Afghanistan. USCIS has announced the registration process for the Temporary Protected Status program for Afghanistan.

Today, May 20, 2022, a notice was published in the Federal Register confirming the Secretary of Homeland Security’s designation of Afghanistan for Temporary Protected Status (TPS) for an 18-month period.


Afghanistan’s TPS Registration Period Begins today, Friday May 20th  


Beginning today Friday, May 20, 2022, through November 20, 2023, eligible Afghan nationals (and individuals having no nationality who last habitually resided in Afghanistan) can begin the registration process to receive Temporary Protected Status in the United States.


Who can apply?


To be eligible for TPS under the Afghan designation, individuals must demonstrate continuous residence in the United States since March 15, 2022, and continuous physical presence in the United States since May 20, 2022.

As a reminder, TPS applicants must meet all eligibility requirements and undergo security and background checks to gain approval.

USCIS estimates that with this new designation, approximately 72,500 Afghans currently residing in the United States will be able to benefit from the new Temporary Protected Status designation. Afghans who arrived in the United States after March 15, 2022, are ineligible for TPS benefits. Afghan nationals currently not residing in the United States are also ineligible to receive benefits.

Afghan TPS applicants may e-file their applications for TPS under the Afghanistan designation by using Form I-821, Application for Temporary Protected Status, during the 18-month initial registration period that runs from Friday, May 20, 2022, through November 20, 2023. Applicants may also request an Employment Authorization Document by e-filing Form I-765, Application for Employment Authorization, with the Form I-821.


Who is not eligible for TPS?


You may NOT be eligible for TPS or to maintain your existing TPS if you:

  • Have been convicted of any felony or two or more misdemeanors committed in the United States;
  • Are found inadmissible as an immigrant under applicable grounds in INA section 212(a), including non-waivable criminal and security-related grounds;
  • Are subject to any of the mandatory bars to asylum. These include, but are not limited to, participating in the persecution of another individual or engaging in or inciting terrorist activity;

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

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 June 2022


USCIS has not yet released the adjustment of status filing chart for the June Visa Bulletin, but it should be available soon on the following webpage:

In this chart, USCIS will define the cutoff dates for acceptance of adjustment of status applications next month (whether adjustment of status applications will be accepted based on the Final Action dates chart, or the Dates for Filing chart).


June 2022 Visa Bulletin Final Action Cutoff Dates


Employment-Based Categories


FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES


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

  • EB-1: All countries, including India and China, will remain current.
  • EB-2: India will advance by one year, to September 1, 2014, and China will remain at March 1, 2019. All other countries will remain current.
  • EB-3 Professionals and Skilled Workers: EB-3 India and EB-3 China will remain unchanged from the previous month, at January 15, 2012 and March 22, 2018, respectively. All other countries will remain current.
  • EB3 Other Workers: For this category, the Department of State has established a worldwide cutoff date of May 8, 2019, to avoid exceeding the annual numerical limits. EB-3 India and China will remain unchanged at January 15, 2012 and June 1, 2012, respectively.
  • EB-5: The Department of State has taken corrective action by establishing a Final Action cutoff date of November 22, 2015, for the EB-5 China Unreserved Non-Regional Center (C5 and T5) categories. It will also apply to EB-5 Unreserved Regional Center (I5 and R5) case types. EB-5 Final Action dates will remain current for all countries and for all EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure).

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Welcome back to Visalawyerblog! New developments are underway by the U.S. Citizenship and Immigration Services (USCIS) to improve the way the agency is communicating case processing times to members of the public.

The agency recently announced new efforts to streamline information provided on its processing times webpage. For each type of immigration benefit, USCIS releases information regarding how much time it is taking the agency to process that particular application, petition, or request. Previously, processing times were estimated based on how long the agency took to approve or deny a certain percentile of forms or petitions over the prior 6-month period.

Now, USCIS has updated their webpage so that users can find the processing time information for their particular type of case, rather than seeing an aggregate of all related case types. This provides applicants with a more accurate picture of how long their particular type of case is taking to be processed.

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USCIS is about to make it a lot easier for certain noncitizens to remain employment authorized. On May 3, 2022, the agency announced a new Temporary Final Rule (TPR) that automatically extends the period of employment authorization on Employment Authorization Documents (EADs) from 180 days up to 540 total days.

The automatic extension time is counted from the expiration date of the employment authorization and/or EAD. This new regulation became effective as of yesterday, May 4, 2022, and will be in effect until October 15, 2025. Once the regulation reaches its time limit, the automatic extension will revert to 180 days.

USCIS decided to issue this new policy to prevent employment interruptions for noncitizens that have pending EAD renewal applications with the agency (Form I-765 Application for Employment Authorization).


Who qualifies for the automatic extension?


The additional extension of up to 540 total days will be available only to renewal applicants who timely file a Form I-765 renewal application with USCIS from the period of May 4, 2022, to October 26, 2023, and who were previously eligible to receive the 180-day automatic extension.

For those who file their Form I-765 renewal application after October 26, 2023, the normal 180-day automatic extension period will apply.


You are eligible for the automatic extension if you:

  • Properly filed Form I-765 for a renewal of their employment authorization and/or EAD before their current EAD expired, and
  • Were otherwise eligible for a renewal, meaning that:
    • Their renewal application is under a category that is eligible for an automatic extension (see the list of categories below); and
    • The Category on their current EAD matches the “Class Requested” listed on their Form I-797C Notice of Action, Receipt Notice. (Note: If you are a Temporary Protected Status (TPS) beneficiary or pending applicant, your EAD and this Notice must contain either the A12 or C19 category, but the categories do not need to match each other. In addition, for H-4, E, and L-2 dependent spouses, an unexpired Form I-94 indicating H-4, E, or L-2 nonimmigrant status (including E-1S, E-2S, E-3S, and L-2S class of admission codes) must accompany Form I-797C when presenting proof of employment authorization to an employer for Form I-9, Employment Eligibility Verification, purposes).

Which categories are eligible?


You must be in one of the following employment eligible categories to be eligible to receive an automatic extension of up to 540 days and your renewal application must be timely filed by October 26, 2023:

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We kick off the start of a brand-new week with some interesting revelations. On April 28, 2022, President Biden issued a letter proposing a new immigration measure that, if passed, could offer highly educated Russian nationals a pathway to permanent residency.

What is it all about?


The Russian invasion of Ukraine has left scientists and engineers seeking stable ground, with many young STEM talent looking to its European neighbors for employment opportunities.

In a letter to the House of Representatives, the Biden administration called for a measure to be approved as part of requested legislation for emergency supplemental funding to Ukraine.

Biden’s proposals seek amendment of Section 203(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(2)) effectively welcoming Russian STEM talent to the United States.


What does the measure propose?


By amending Section 203(b)(2), the U.S. government would essentially eliminate the need for Russian nationals, with a master’s or doctoral degree in a STEM field, to obtain an employment sponsor (job offer from a U.S. employer) and eliminate placement in the green card backlogs.

Under Biden’s proposal, adjudication of visas for such individuals would occur within just 90 days if possible, taking into account the need for security assessments. The proposed measure would end after four years (unless extended by Congress).

The measure has been proposed to ensure retention of talented Russian scientists and engineers. Interestingly, the letter highlights that the prospects of obtaining H-1B visa status for this group are lowered considering the numerical limits, and record H-1B registrations that far outweigh the number of available visas. In fiscal year 2023, USCIS announced that it received 483,927 H-1B registrations, a 57% increase over the last year. Only 127,600 registrations were selected to meet the H-1B quota (or 26% of total registrations).


Legislative Text


The legislative text of the provision reads as follows:

“IN GENERAL.— Section 203(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(2)) is amended by adding at the end the following:

“(D) Notwithstanding subparagraph (B), the requirements of subparagraph (A) that an alien’s services in the sciences, arts, professions, or business be sought by an employer in the United States shall not apply to aliens (and the parents, spouses, and children of such aliens if accompanying or following to join) who—

“(i) are citizens of Russia;

(ii) have earned a masters or doctoral degree in the United States or an equivalent foreign degree in a field involving science, technology, engineering, or mathematics, including but not limited to degrees relevant to the following fields: Advanced Computing, Advanced Engineering Materials, Advanced Gas Turbine Engine Technologies, Advanced Manufacturing, Advanced and Networked Sensing and Signature Management, Advanced Nuclear Energy Technologies, Advanced Particle Detector Instrumentation Technologies, Artificial Intelligence, Autonomous Systems and Robotics, Biotechnologies, Communication and Networking Technologies, Cybersecurity, Directed Energy, Financial Technologies, Human-Machine Interfaces, Hypersonics, Advanced Missile Propulsion Technologies, Networked Sensors and Sensing, Quantum Information Technologies, Renewable Energy Generation and Storage, Semiconductors and Microelectronics, Space Technologies and Systems; and “(iii) are seeking admission to engage in work in the United States in an endeavor related to science, technology, engineering, or mathematics.”

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In this blog post, we breakdown the Biden administration’s new Humanitarian Parole program, known as “Uniting for Ukraine,” a new initiative that will allow up to 100,000 Ukrainian nationals displaced by the Russian invasion to live and work in the United States for a period of up to 2 years.


Who is eligible for Uniting for Ukraine?


Ukrainian citizens and their immediate family members who are outside the United States may remain temporarily for a two-year period of parole.

You are not eligible for humanitarian parole under the Uniting for Ukraine program if you are currently physically present in the United States, however you may be eligible to receive Temporary Protected Status instead.

Additionally, children traveling without their parent or legal guardian are not eligible for humanitarian parole under Uniting for Ukraine.

Ukrainians participating in Uniting for Ukraine must have a “supporter,” in the United States who agrees to provide them with financial support for the duration of their stay in the United States. U.S. Supporters are required to file a Form I-134 Declaration of Financial Support with USCIS online, which states that they agree to financial support the Ukrainian national in the United States, also known as the “beneficiary.” There is no fee to file Form I-134 online.


Beneficiaries are eligible for humanitarian parole if they:


  • Resided in Ukraine immediately prior to the Russian invasion (through Feb. 11, 2022) and were displaced as a result of the invasion;
  • Are a Ukrainian citizen and possess a valid Ukrainian passport (or are a child included on a parent’s passport);
    • If not a Ukrainian citizen, are an immediate family member of a Ukrainian citizen beneficiary of Uniting for Ukraine with a valid passport;
  • Have a supporter who filed a Form I-134 on their behalf that has been vetted and confirmed as sufficient by USCIS; and
  • Clear biographic and biometric security checks;
  • Note: To be eligible for this process, children under the age of 18 must be traveling to the United States in the care and custody of their parent or legal guardian.

The supporter must complete and file Form I-134 online with USCIS and be vetted by the U.S. government to protect against exploitation and abuse, and ensure that they are able to financially support the Ukrainians they are agreeing to support.


Who is eligible to be a supporter under Uniting for Ukraine?


Individuals who file Form I-134 on behalf of a beneficiary under Uniting for Ukraine must be:

  • in lawful status in the United States or
  • a parolee or
  • beneficiary of deferred action or
  • Deferred Enforced Departure (DED)

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Today, the Biden administration unveiled a brand-new program, Uniting for Ukraine, which seeks to provide humanitarian parole to an estimated 100,000 Ukrainian nationals who have been displaced by the Russian invasion which began on February 24, 2022 for a period of up to 2 years.


What is Uniting for Ukraine?


Uniting for Ukraine is a new Biden initiative that will allow Ukrainian citizens to apply for humanitarian parole in the United States. Humanitarian Parole is a process that allows foreign nationals to lawfully enter the U.S., provides temporary lawful presence in the U.S., and protects that person from deportation during the parole timeframe that has been granted to the foreign national. Humanitarian parole is a temporary permission to remain lawfully in the United States. It does not provide law permanent residence (a green card) and does not provide a pathway to citizenship.

To be eligible, Ukrainians must have been residents in Ukraine as of February 11, 2022, have a sponsor in the United States, complete vaccinations and other public health requirements, and pass rigorous biometric and biographic screening and vetting security checks.

Ukrainians who are approved via this process will be authorized to travel to the United States and be considered for parole, on a case-by-case basis, for a period of up to two years. Once paroled through this process, Ukrainians will be eligible for work authorization.


Who can be a sponsor?


Effective Monday, April 25, 2022, U.S. based individuals and entities can apply to sponsor displaced Ukrainian citizens through the Uniting for Ukraine process, which will go live on the Department of Homeland Security website that same day.

Any U.S. citizen or individual, including representatives of non-government organizations, can sponsor Ukrainian applicants. Individuals and organizations seeking to sponsor Ukrainian citizens in the United States will be required to declare their financial support and pass security background checks to protect against exploitation and abuse. Eligibility requirements will include required vaccinations and other public health requirements, as well as biographic and biometric screening, vetting, and security checks.

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Happy Monday! We are glad to bring you the latest updates relating to Temporary Protected Status (TPS). Recently, USCIS added Ukraine and Sudan as new countries eligible to participate in Temporary Protected Status (TPS) for a period of 18 months. The agency has now announced that the TPS registration process for Ukrainian and Sudanese nationals will begin tomorrow, Tuesday, April 19, 2022.


Ukraine and Sudan’s TPS Registration Period Begins April 19th 


We bring Ukrainian and Sudanese nationals good news. Beginning April 19, 2022, through October 19, 2023, such individuals can begin the registration process to receive Temporary Protected Status in the United States.


Who can apply?


To be eligible for TPS under the Ukraine designation, individuals must demonstrate continuous residence in the United States since April 11, 2022, and continuous physical presence in the United States since the date listed in the Federal Register notice authorizing the TPS designation. To be eligible under the Sudan designation, individuals must demonstrate continuous residence in the United States since March 1, 2022, and continuous physical presence since the designation date in the Federal Register notice.

As a reminder, TPS applicants must meet all eligibility requirements and undergo security and background checks to gain approval.

USCIS estimates that with this new designation, approximately 59,600 Ukrainians currently residing in the United States will be able to benefit from the new Temporary Protected Status designation. Ukrainians who were outside of the United States after April 11, 2022, are ineligible for TPS benefits and must apply for any visa they are eligible to receive at the appropriate Embassy.

For its part, only about 3,090 are expected to benefit under the TPS designation for Sudan.

Those who are eligible may e-file their applications for TPS under the Ukraine or Sudan designations by using Form I-821, Application for Temporary Protected Status, during the 18-month initial registration period that runs from April 19, 2022, through October 19, 2023. Applicants may also request an Employment Authorization Document by e-filing Form I-765, Application for Employment Authorization, with the Form I-821.

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DACA Renewal E-Filing is here!

Exciting news is on the horizon for those filing a renewal of their deferred action under the Deferred Action for Childhood Arrivals (DACA)!

This week, the United States Citizenship, and Immigration Services (USCIS) announced that applicants will now be able to file their applications online on Form I-821D, Consideration of Deferred Action for Childhood Arrivals. Additionally, renewal applicants may also file applications to renew their Employment Authorization Document (EAD) online by filing Form I-765 Application for Employment Authorization and the Form I-765 Worksheet.

This move will now make it easier for applicants to obtain a renewal of their status faster and more efficiently.

While the agency hopes to expand the possibility of electronic filing to a broader pool of applicants in the future, the e-file option is currently only available for individuals who have been previously granted DACA.

The e-filing option is expected to help reduce the substantial backlogs at the USCIS level. Currently, USCIS receives nearly half a million Form I-821D DACA requests every fiscal year, and processes more than 8.8 million requests for immigration benefits. As time has gone on, the agency has allowed online filings to streamline the application process.

How can you file online?


DACA renewal applicants who wish to file Form I-821D and Form I-765 online, must first create a USCIS online account, to submit their forms, pay fees and track the status of any pending USCIS immigration request throughout the adjudication process. There is no cost to set up an account, and one of the added benefits is that applicants have the ability to communicate with USCIS through a secure inbox and respond online to Requests for Evidence received.

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couple-g86465ecab_1920USCIS Updates Policy Guidance Highlighting Discretionary Power to Waive In-Person Interviews for I-751 Applicants


On April 7, 2022, the United States Citizenship, and Immigration Services (USCIS) updated its Policy Manual on the interview waiver criteria for family-based conditional permanent residents filing to remove the conditions on permanent residence on Form I-751 Removal of Conditions.

Under the law, those who attained their permanent resident status (green card) based on a marriage that was less than 2 years old at the time of approval, receive a conditional green card, also known as “conditional permanent residency.”

This conditional green card is issued for a 2-year period. Prior to the expiration of the 2-year green card, the applicant must file Form I-751 to remove their conditions on permanent residence within the 90-day window before it expires.

The Immigration and Nationality Act stipulates that a conditional permanent resident must appear for an in-person interview as part of the I-751 Removal of Conditions adjudication process, so that the immigration officer can verify the accuracy of the information included in the petition and determine whether the conditions on permanent residence should be removed.

The Act also carves out discretionary powers that allow USCIS officers to authorize waiver of the in-person interview.

The April 2022 updated Policy Guidance clarifies that USCIS officers may consider waiving an interview, if, generally, the applicant meets all eligibility requirements for removal of conditions, and the record contains sufficient evidence for approval, and there is no indication of fraud, misrepresentation, criminal bars, or such factors that would require an interview.

The Guidance also eliminates automatic referrals in cases where a conditional permanent resident obtained status by way of Consular processing.

The language of the pertinent section indicates the following:

Volume 6: Immigrants, Part I, Family-Based Conditional Permanent Residents, Chapter 3, Petition to Remove Conditions on Residence [6 USCIS-PM I.3]


CPRs who file a Form I-751 must appear for an interview at a USCIS field office, unless USCIS waives the interview requirement. USCIS officers may consider waiving the interview in cases where:

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