Visa Lawyer Blog

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Welcome back to Visalawyerblog! We hope you had a wonderful fourth of July weekend with your family and loved ones.

In this blog post, we share with you some exciting news for Yemeni nationals receiving benefits under the Temporary Protected Status (TPS) program. The Biden administration has made the decision to extend Temporary Protected Status for Yemeni nationals currently receiving protections under the program until March 3, 2023. In addition, the re-designation means that certain eligible Yemeni nationals will be able to apply for TPS protections for the first time.

The main benefit of applying for this program is that those who are approved for Temporary Protected Status can remain in the country on a lawful basis, will receive protection against deportation (deferred status), and are eligible to apply for employment authorization and travel permission by filing, Form I-765 Application for Employment Authorization, and Form I-131 Application for Travel Document, with the United States Citizenship and Immigration Services (USCIS).

How did this all happen?

Extension of Designation of Yemen for TPS

On January 6, 2021, the Secretary of Homeland Security, Alejandro Mayorkas, announced an 18-month extension and redesignation of Temporary Protected Status (TPS) for the country of Yemen. This extension and re-designation will be in effect from September 4, 2021, through March 3, 2023 (an 18-month period)

Secretary Mayorkas made this decision after consulting with government officials and taking into consideration the ongoing armed conflict in Yemen, lack of access to food, water, and healthcare, the large-scale destruction of Yemen’s infrastructure, population displacement, the ongoing cholera outbreak since 2016, and the worsening COVID-19 situation in the country.

Mayorkas found that these circumstances ultimately prevented Yemeni nationals from safely returning to their home country stating, “Yemen continues to experience worsening humanitarian and economic conditions that prevent individuals from safely returning to their homes. Therefore, I have decided to extend and re-designate Yemen for Temporary Protected Status. We will continue to protect and offer these individuals a place of residency temporarily in the United States.”

Currently, there are an estimated 1,700 beneficiaries receiving TPS benefits under Yemen’s designation. The program’s extension will mean that these beneficiaries can re-register for benefits and retain TPS status through March 3, 2023, so long as they can demonstrate that they continue to meet the TPS eligibility requirements.

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Welcome back to the start of a brand-new week! We are excited to announce brand new developments in the world of immigration specifically for U visa victims of crimes.

On June 14, 2021, the United States Citizenship, and Immigration Services (USCIS) issued a new policy alert, informing U visa applicants that the agency will now be exercising its discretion to issue four year Employment Authorization Documents (EADs) (also known as work permits),  as well as four-year “deferred action” status to certain U visa applicants, including those who have filed new U visa petitions, and those whose U visa petitions remain pending with USCIS, based on a new discretionary process called a “bona fide determination.”

This is a groundbreaking new development for U visa applicants because victims of crime will now be eligible to receive an Employment Authorization Document (EAD), as well as “deferred action” status, while their U visa applications remain pending with USCIS. With this new policy change, U visa applicants will no longer need to wait 5+ years for their U visa approval, in order to become eligible for an Employment Authorization Document (EAD), and be protected from deportation.

Previously, only principal U visa applicants whose petitions were approved by USCIS, were authorized to work based on their approved status with immigration. Only those with an approved Petition for U Nonimmigrant Status (Form I-918) would automatically be issued an Employment Authorization Document (EAD). All other applicants with pending petitions were forced to wait in the visa queue for a visa to become available due to the mandatory U visa cap. This process on average has taken up to 5 years.

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