Articles Posted in EAD

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We are excited to report that the U.S. Citizenship and Immigration Services (USCIS) recently announced that they will begin fast tracking employment authorization documents (EADs) for eligible refugees after being admitted to the United States.

This new process will allow refugees admitted into the United States on or after December 10, 2023, to receive their EADs within just 30 days of entry. Eligible refugees will no longer be required to file Form I-765 Application for Employment Authorization by mail. Instead, USCIS will automate the process by digitally creating a Form I-765 for arriving refugees and begin adjudicating the application as soon as they are admitted into the country.

This will provide enormous benefits for refugees since they will no longer need to wait several months before they can begin working in the United States, making the process much more seamless.

Under the new system, refugees can expect to receive their EADs in the mail in just one to weeks after the approval of Form I-765.

USCIS will also electronically provide the Social Security Administration with the information required to assign a Social Security number and mail Social Security cards to refugees.

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Great news! The U.S. Citizenship and Immigration Services (USCIS) recently announced that eligible beneficiaries of the Uniting for Ukraine program, may apply to renew their parole and employment authorization starting February 27, 2024.


Who is eligible?


Ukrainian citizens and their immediate family members who were paroled into the United States on or after February 11, 2022, can apply for re-parole under the program. Using its discretion, USCIS can grant parole on a case-by-case basis.

To be eligible for re-parole, applicants must demonstrate the following:

  • You are a Ukrainian citizen or immediate family member who was paroled into the United States on or after February 11, 2022;
  • There are continued urgent humanitarian reasons or a significant public benefit for issuance of a new period of parole;
  • You warrant a favorable exercise of discretion;
  • You are physically present in the United States as a parolee;
  • You have complied with the conditions of the initial parole; and
  • You clear biographic and biometric background checks.

What benefits does the program provide?


The Uniting for Ukraine program allows eligible Ukrainians to remain in the United States temporarily and apply for work authorization, due to the extraordinary circumstances caused by Russia’s invasion in 2022. Since these circumstances continue to exist, USCIS will continue to accept requests for re-parole on a case-by-case basis.

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Yesterday, February 14, 2024, the Biden administration released a memorandum designating Palestinians present in the United States for Deferred Enforced Departure (DED), based on the danger to civilians and deteriorating humanitarian conditions in Gaza.

The President’s order halts the removal of certain Palestinians from the United States for a period of 18 months and instructs the Department of Homeland Security to provide employment authorization to eligible beneficiaries, who have been continuously present in the United States since February 14, 2024.

The memorandum would allow DHS to provide employment authorization to such individuals for the duration of the DED period, and further directs the Secretary of Homeland Security to consider expanding employment eligibility for Palestinian F-1 nonimmigrant students.

The President’ s memorandum will soon be published in the Federal Register with further instructions for eligible Palestinian nationals to request Deferred Enforced Departure and employment authorization.

Please note that Palestinians who return to the Palestinian territories after February 14, have committed certain crimes, or present a national security threat, among others, may not be eligible for Deferred Enforced Departure.

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As the new year approaches, we have some unfortunate news to report for certain employment-based applicants who may wish to file their petitions with premium processing service in 2024, including those filing:

  • Form I-129 Petition for a Nonimmigrant Worker
  • Form I-140 Immigrant Petition for Alien Worker, as well as
  • Certain applicants filing Form I-765 Application for Employment Authorization and
  • I-539 Application to Extend or Change Nonimmigrant Status with USCIS.

On December 28, 2023, USCIS published a final rule in the Federal Register that will increase the filing fee for Form I-907, Request for Premium Processing Service, to adjust for inflation.

The final rule states that starting February 26, 2024, the Department of Homeland Security (DHS) will increase the premium processing fees USCIS charges for all eligible forms and categories to reflect the amount of inflation from June 2021 through June 2023 according to the Consumer Price Index for All Urban Consumers.

Please note that not all petitions are eligible to request premium processing service. Applicants may only request premium processing if USCIS has specifically designated your classification as one that is eligible for premium processing service. To determine whether premium processing is available for your benefit request please review the USCIS webpage.

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It’s a brand-new week full of important updates from the U.S. Citizenship and Immigration Services (USCIS). This time for employment authorization documents (EADs).

Recently, USCIS announced that certain applicants who have filed to renew their employment authorization cards (EADs) on Form I-765, Application for Employment Authorization, may qualify for an automatic extension of their expiring employment authorization and/or employment authorization documents (EADs) while their renewal applications are pending with USCIS.

Beginning October 27, 2023, those who are eligible will receive 180-day automatic extensions of their EADs, including those who have applied for or have received Temporary Protected Status (TPS) or asylum.

Previously, USCIS had passed a regulation that increased the automatic extension period for certain EAD applicants from 180 days to 540 days. This announcement will not impact EADs that were already issued for up to the 540-day period. Those extensions will remain in place. For such individuals, the increased automatic extension will end when they receive a final decision on their renewal application or when the “up to 540-day period” expires (counted from the expiration date of the employment authorization and/or their EAD), whichever comes earlier.

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A new family reunification parole process has been launched, this time for qualifying nationals of Ecuador.

Who is eligible?


Nationals of Ecuador petitioned by family members who are U.S. citizens or lawful permanent residents and who have received approval on Form I-130, Petition for Alien Relative, to join their family in the United States may participate in this new parole process.

Parole will allow such nationals and their immediate family members to be admitted to the United States lawfully for a period of up to three years, while waiting to apply to become lawful permanent residents.

Qualifying beneficiaries must be outside the United States, must not have already received an immigrant visa, and meet all other requirements, such as screening, vetting, and medical requirements.


How does the family reunification process work?


The Family Reunification Parole process is initiated when the Department of State sends an invitation by mail or e-mail to the petitioning U.S. citizen or lawful permanent resident family member whose Form I-130 is already approved. The petitioner is the person who has filed the Form I-130 petition with USCIS on behalf of the foreign national.

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We are pleased to report that the Department of Homeland Security recently issued a notice in the Federal Register extending Venezuela’s designation for Temporary Protected Status (TPS) for an 18-month period.

Those who qualify will be eligible to apply for an Employment Authorization Document (EAD) that is valid for the duration of the TPS designation.


Who qualifies?


You may be eligible to apply for TPS under Venezuela’s 2023 designation if you continuously resided in the United States on or before July 31, 2023, and have been continuously physically present in the United State on or before October 3, 2023.

However, if you arrived in the United States after July 31, 2023, you are ineligible for TPS.

It is estimated that Venezuela’s redesignation will allow approximately estimated 472,000 additional Venezuelan nationals to file an initial TPS application. Approximately 243,000 current beneficiaries will be allowed to retain their TPS benefits upon their re-registration.

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It’s official. The U.S. Citizenship and Immigration Services (USCIS) has confirmed that it will be increasing the validity period of work permits also known as Employment Authorization Documents (EADS) to 5 years, for certain categories of noncitizens who are employment authorized incident to their immigration status and those who must apply for employment authorization including:

  • Refugees
  • Asylees
  • Noncitizens paroled as Refugees
  • Noncitizens granted Withholding of Removal
  • Noncitizens with pending applications for Asylum or Withholding of Removal
  • Noncitizens with pending applications for Adjustment of Status (green cards) under INA 245
  • Noncitizens seeking Suspension of Deportation or Cancellation of Removal

Additionally, USCIS has released policy guidance clarifying that the Arrival/Departure Record (Form I-94) may be used as evidence of an alien’s status and employment authorization for certain EAD categories that are employment authorized incident to their immigration status or parole.

These changes can be found in the USCIS Policy Manual, and are also described in USCIS Policy Alert 2023-27 dated September 27, 2023.


What’s changed?


Previously, USCIS policy allowed for a maximum 2-year validity period of Employment Authorization Documents (EADs) for most categories of immigrants indicated above, and a maximum 1-year validity period for noncitizens paroled as refugees and those seeking suspension of deportation or cancellation of removal.

USCIS is now revising its guidelines to increase the maximum EAD validity period for these categories up to 5 years.

The purpose of increasing the validity period is to reduce the frequency in which noncitizens must file Form I-765 Application for Employment Authorization to renew their work permits (EADs).

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On September 20, 2023, the Department of Homeland Security (DHS) released a fact sheet unveiling new actions to cut down the processing time of work authorizations filed by certain asylum seekers.

Starting October 1, 2023, USCIS will speed up the processing of Form I-765 Applications for Employment Authorization, (also known as EADs) filed by parolees who schedule an inspection appointment through CBP One. Such individuals are eligible to apply for employment authorization immediately.

USCIS aims to decrease average processing times for EADs from 90 days to 30 days for such individuals and will allocate more personnel and resources to accomplish this objective.

Additionally, USCIS seeks to decrease average processing times to just 30 days for EADs filed in connection with the Cuban, Haitian, Nicaraguan, and Venezuelan parole programs.

Finally, to improve efficiency, USCIS will also be increasing the maximum validity period of initial and renewal EADs to five years for certain noncitizens, including:

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If you have been waiting for U.S. Citizenship and Immigration Services to reopen in-person appointments, then this topic may interest you.

Recently, USCIS announced the launch of a new procedure to request an in-person appointment at a local USCIS field office by completing an online form. This form may be used by individuals, attorneys, and accredited representatives without the need to call the USCIS Contact Center.

The online appointment request form is currently available for use on the USCIS webpage and allows for in-person appointment requests at local field offices, only for ADIT stamps, Emergency Advance Parole (EAP), Immigration Judge Grants, Afghan Special Immigrant CPR Status, Certified Copies of Naturalization Certificate, Deferred Action, T, U, and VAWA Inquiries, I-94 Cuban Paroles and Re-Paroles, Lost Immigration Visa Packets, and more.

For more information about ADIT stamps, Emergency Advance Parole, and Immigration Judge Grants, etc. click here.

The online request system does not support self-scheduling, but individuals are allowed to request a specific date and time for an in-person appointment when making an online request. However, please keep in mind that USCIS cannot guarantee that the requested appointment date will be scheduled.

Once an online appointment request has been made, the USCIS Contact Center will review submissions along with the availability of in-person appointments at a specific field office. USCIS will then confirm and schedule the individual for an available in-person appointment date and time.

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