Visa Lawyer Blog

Articles Posted in Federal Register

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venezuela-162459_1280The Department of Homeland Security (DHS) has revoked an extension of Temporary Protected Status (TPS) previously granted to Venezuelans by President Biden, leaving more than 600,000 Venezuelans who are already in the United States in legal limbo. The extension would have provided benefits to Venezuelans through October 2, 2026.

As a result, the 2023 designation for Venezuela TPS and any associated TPS-related protection and documentation for beneficiaries will last through at least April 2, 2025.

Those who are registered under the 2021 Venezuela TPS designation will have TPS protection through at least September 10, 2025.

Venezuelans have long been targeted by the Trump administration due to organized crime from violent Venezuelan gangs such as the Tren de Aragua.

Therefore, it comes as no surprise that President Trump has called to dismantle TPS extensions for Venezuelan nationals.

What this means

According to a notice which is set to be published in the Federal Register on February 3, 2025, Venezuela’s 2021 and 2023 designations for Temporary Protected Status (TPS) will revert to their prior expiration dates as follows:

  • 2023 Venezuela TPS Designation: TPS is valid for current beneficiaries through April 2, 2025. DHS will need to determine whether to extend Venezuela’s 2023 designation by the deadline of Saturday, February 1, 2025. If DHS terminates Venezuela’s designation, the termination cannot take effect until 60 days after the termination notice is published in the Federal Register (no earlier than April 2nd)
  • 2021 Venezuela TPS Designation: TPS will remain valid for current beneficiaries through September 10, 2025. A decision on whether to extend this designation must be made by DHS by July 12, 2025. If DHS terminates Venezuela’s designation, the termination cannot take effect until 60 days after the termination notice is published in the Federal Register (no earlier than September 10th).

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ukraine-7071043_1280We are pleased to report that the Department of Homeland Security recently announced that it will be extending Ukraine’s designation for Temporary Protected Status (TPS), for an 18-month period, from April 20, 2025, through October 19, 2026.

The extension was made based on the Secretary of Homeland Security’s assessment that Ukraine faces challenges that warrant ongoing humanitarian assistance based on the armed conflict and conditions preventing Ukrainian nationals from safely returning to their home country.

DHS estimates that Ukraine’s extension of TPS will allow approximately 103,700 current beneficiaries to re-register for TPS if they continue to meet the eligibility requirements.

TPS for Ukraine Informational Workshop

If you are in the San Diego area, the Law Offices of Jacob J. Sapochnick will be hosting an informational workshop about TPS benefits for Ukrainian nationals. We would be happy if you would join us.

When: Wednesday January 15, 2025 at 4 pm

Where: Mission Valley Library, Community Room

2123 Fenton Parkway San Diego, California

Who qualifies for TPS under Ukraine’s Designation?

You may be eligible to apply for TPS under Ukraine’s designation if you have continuously resided in the United States since at least August 16, 2023, and have remained continuously physically present in the United States since that date.

DHS reminds the public that TPS applications undergo rigorous national security and public safety vetting. If any individual is identified as posing a threat, they may be detained, removed, or referred to other federal agencies for further investigation or prosecution. Individuals are barred from receiving TPS if they have been convicted of any felony or two misdemeanors.

Re-registration for current TPS recipients

Current beneficiaries under TPS must re-register during the 60-day re-registration period which will soon be announced on Ukraine’s TPS webpage. Qualifying beneficiaries who re-register and continue to meet the TPS eligibility requirements will be able to retain their TPS benefits and employment authorization.

Re-registration is limited to individuals who previously registered for and were granted TPS under Ukraine’s initial designation. This population includes nationals of Ukraine (and individuals without nationality who last resided in Ukraine) who have been continuously residing in the United States since at least August 16, 2023, with or without lawful immigration status.

DHS recognizes that not all re-registrants may receive a new Employment Authorization Document (EAD) before their current EAD expires and is automatically extending work permits for 12 months, the validity of EADs previously issued under Ukraine’s TPS designation.

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pennant-1689011_1280New changes to the H-1B work visa program are coming on January 17, 2025.

A new final rule published by the Department of Homeland Security (DHS) in the Federal Register lays out some of the critical changes that H-1B beneficiaries and U.S. employers can expect. These changes will become effective on January 17, 2025, just three days before the inauguration of Donald Trump.

While we do not know whether these changes will be overturned or modified by the Trump administration, it is important for both employers and beneficiaries to be aware of them.

Highlights of the Final Rule

  • Modernizes the definition and criteria for H-1B specialty occupations
  • Introduces cap-gap protections for F-1 students seeking a change of status to H-1B
  • Streamlines the processing of applications for individuals who were previously approved for an H-1B visa
  • Allows H-1B beneficiaries with a controlling interest in the petitioning organization to be eligible for H-1B status subject to certain conditions (such as founders and entrepreneurs)
  • Clarifies that employers must have a legal presence in the United States

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border-6971270_1280Today, October 17, 2024, the U.S. government announced new measures providing immigration relief to Lebanese nationals currently residing inside the United States.

18-Month Designation of TPS for Lebanon

Firstly, the Department of Homeland Security (DHS) has announced the designation of Lebanon for Temporary Protected Status (TPS) for a period of 18 months. This decision marks Lebanon’s first designation for TPS.

This designation was made based on ongoing armed conflict and extraordinary and temporary conditions in Lebanon that prevent its nationals from safely returning to their country.

A notice will soon be published in the Federal Register confirming the Secretary of Homeland Security’s designation of Lebanon including more details regarding the designation. Lebanese nationals who are approved for TPS can lawfully remain in the United States while the security situation improves. Those who are eligible can apply for temporary employment authorization by filing Form I-765 Application for Employment Authorization at the same time of filing Form I-821, Application for Temporary Protected Status.

What We Know

To be eligible for TPS under the Lebanon’s designation, Lebanese nationals (and individuals having no nationality who last habitually resided in Lebanon) must demonstrate continuous residence in the United States since October 16, 2024.  Those who attempt to enter the United States after October 16, 2024, are ineligible for TPS. Lebanese nationals currently not residing in the United States are also ineligible to receive benefits.

The program’s effective date has not yet been announced but is expected to be published in the Federal Register in the coming weeks including the application instructions.

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

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judgment-8442199_1280We have new developments to report relating to pending litigation for parole in place applications in the case Texas et. al. vs. DHS et. al., Case No. 6:24-cv-00306 (E.D. Tex.).

Yesterday evening, federal Judge J. Campbell Barker of the Eastern District Court of Texas issued a court order extending his previous administrative stay on parole in place (PIP) approvals for an additional 14-day period expiring on September 23, 2024.

The judge’s initial stay (of August 26th), which was set to expire on September 9, 2024, will now continue through September 23rd.

What does this mean for parole in place applications?

While the administrative stay is in place, those eligible for parole in place under the Keeping Families Together program can continue to submit the online Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens with the U.S. Citizenship and Immigration Services (USCIS).

USCIS will also continue to issue biometrics appointment notices to capture applicant biometrics during the administrative stay.

However, USCIS is prohibited from approving applications received for as long as the administrative stay is in place (currently until September 23rd)

This is because the Texas lawsuit challenges the legality of the Keeping Families Together program and approvals must be paused while the parties in the case make their arguments before the court, and a final ruling is made.

What’s next in the Texas lawsuit?

The court has ordered an accelerated hearing where motions for preliminary and permanent relief will be heard on September 18th.  The accelerated proceedings in this case mean that the judge could make a decision on the merits of the case in the coming months. However, despite the outcome in this case appeals are likely to be filed in district court.

Can the judge extend the administrative stay past September 23rd?

Yes. The judge may decide to extend the administrative stay past September 23rd in the future if it finds that good cause exists to do so throughout the litigation process.

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beach-4455433_1280In this blog post, we discuss what undocumented spouses and stepchildren of U.S. Citizens can expect after applying for Parole in Place using the new USCIS online application called Form I-131F.

What to Expect After Filing Form I-131F Parole in Place

Once you have properly submitted the Form I-131F using your myUSCIS online account, you will receive a I-797 receipt notice from USCIS by mail as proof that your application was submitted. This receipt notice will contain your receipt number which you can use to track your case on the USCIS case tracker.

Please note that the receipt notice can also be accessed on your myUSCIS portal

The Biometrics Appointment

Several weeks after filing Form I-131F, you will receive a biometrics appointment notice, which will indicate the date, time, and location where you must appear for USCIS to collect your fingerprints, photographs, and a signature.

Your biometrics information will be used to run a background check for criminal history, verify your identity and, and to prepare certain immigration documents (for example, an Employment Authorization Document also known as a work permit).

If USCIS has collected your biometrics information in the past, it is possible that they will reuse such information. If that is the case, USCIS will notify you via your myUSCIS online account and send you a notice by mail.

Receiving a Decision

Those who meet the eligibility criteria for parole in place under the Keeping Families Together program, will receive a discretionary grant of parole for a 3-year period.

As part of the decision-making process, USCIS will take into consideration various factors to determine whether a favorable exercise of discretion is warranted in your case such as:

  • Your criminal history
  • The existence of removal proceedings
  • Unexecuted final removal orders
  • The results of background checks, including national security and public safety vetting Positive and adverse factors presented
  • Any other relevant information available to or requested by USCIS.

Those who have any disqualifying criminal history or are found to be a threat to national security, public safety, or border security, may be denied for parole in place.

Factors such as pending criminal charges will make you ineligible for parole in place while the charge remains pending. Certain criminal convictions can also make you ineligible for parole in place under this process.  Please discuss any criminal records with an experienced immigration attorney before filing Form I-131F.

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family-1150995_1280Recientemente, el Servicio de Ciudadanía e Inmigración de los Estados Unidos (USCIS) ha proporcionado nuevos detalles sobre el permiso de permanencia temporal para cónyuges e hijastros indocumentados de ciudadanos estadounidenses, también conocido como “Manteniendo a las familias unidas.”

USCIS comenzará a aceptar solicitudes en línea para “permanencia temporal,” el 19 de agosto de 2024, utilizando un nuevo formulario electrónico llamado Formulario I-131F, solicitud de permanencia temporal para ciertos cónyuges e hijastros de ciudadanos estadounidenses. El formulario no estará disponible para enviarse por correo. USCIS le recuerda al público que cualquier solicitud recibida antes del 19 de agosto será rechazada.

Los solicitantes deben tener en cuenta que información adicional sobre el proceso de solicitud, y otra información clave se detallará en una próxima notificación del Registro Federal. 

Requisitos de elegibilidad para la I-131F Permanencia Temporal

 Un cónyuge o hijastro de un ciudadano estadounidense puede solicitar el permiso de permanencia temporal bajo este proceso si:

  • Están presentes en los Estados Unidos sin admisión ni permiso de permanencia temporal.
  • Han estado continuamente presente físicamente en los Estados Unidos:
    • Desde al menos el 17 de junio de 2014, si busca la permanencia temporal como cónyuge de un ciudadano estadounidense; O
    • A partir del 17 de junio de 2024, si busca la permanencia temporal como hijastro de un ciudadano estadounidense

Y tambien tiene:

  • Un matrimonio legalmente válido con un ciudadano estadounidense desde el 17 de junio de 2024, si busca la permanencia temporal como cónyuge de un ciudadano estadounidense; O
  • Un padre que tuvo un matrimonio legalmente válido con un ciudadano estadounidense desde el 17 de junio de 2024, y antes que el hijastro cumpliera 18 del años, si busca permanencia temporal como hijastro de un ciudadano estadounidense.
  • No tiene antecedentes penales que lo descalifiquen; y
  • No representa una amenaza para la seguridad nacional y la seguridad pública.

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family-1150995_1280New details have recently been provided by the U.S. Citizenship and Immigration Services (USCIS) regarding the Parole in Place application process for undocumented spouses and stepchildren of U.S. Citizens, also known as “Keeping Families Together.”

USCIS will begin accepting online applications for Parole in Place on August 19, 2024, using a new electronic form called Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens. The form will not be available to file by mail.

USCIS reminds the public that any PIP applications received prior to August 19th will not be accepted.

Applicants should be aware that complete details about the parole application process will soon be posted in the Federal Register.

I-131F Parole in Place Eligibility Requirements

A noncitizen spouse or stepchild of a U.S. citizen may request parole in place under this process if they:

  • Are present in the United States without admission or parole
  • Have been continuously physically present in the United States:
    • Since at least June 17, 2014, if seeking parole in place as the spouse of a U.S. citizen; OR
    • As of June 17, 2024, if seeking parole in place as the stepchild of a U.S. citizen

And they have:

  • A legally valid marriage to a U.S. citizen as of June 17, 2024, if seeking parole in place as the spouse of a U.S. citizen; OR
  • A parent who had a legally valid marriage to a U.S. citizen on or before June 17, 2024, and before the stepchild’s 18th birthday, if seeking parole in place as the stepchild of a U.S. citizen
  • No disqualifying criminal history; and
  • Do not pose a threat to national security and public safety

Individuals who are granted parole under this process will receive parole for a 3-year period from the date of approval.

As long as your parole remains valid, you will be considered in a period of authorized stay, and you will be permitted to apply for adjustment of status to lawful permanent resident (a green card) by filing Form I-485 with USCIS.

Individuals granted parole are also immediately eligible to apply for an Employment Authorization Document (EAD) from USCIS and can do so by submitting a completed Form I-765, Application for Employment Authorization, using the (c)(11) category code.

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people-4417185_1280Recently the U.S. Citizenship and Immigration Services (USCIS) announced new changes to the International Entrepreneur Rule effective October 1, 2024.

What is the International Entrepreneur Rule

The International Entrepreneur Rule (IER), was first established by the Department of Homeland Security (DHS) in 2017.

The program allows noncitizen entrepreneurs to live and work in the United States temporarily, if they can demonstrate that their businesses will provide a significant public benefit to the United States via economic benefits and job creation.

Those granted parole under the program are eligible to work for their startup companies for an initial period of 2 ½ years, and their dependents can accompany them to the United States.

The current requirements of the International Entrepreneur parole program are as follows:

  • Entrepreneurs already in the United States and those residing overseas are eligible to apply
  • Start-up entities must have been formed in the United States within the past five years
  • Start-up entities must demonstrate substantial potential for rapid growth and job creation by showing at least $264,147 in qualified investments from qualifying investors, at least $105,659 in qualified government awards or grants, or alternative evidence
  • The spouse of the entrepreneur may apply for employment authorization after being paroled into the United States
  • The entrepreneur may be granted an initial parole period of up to 2½ years. If approved for re-parole, based on additional benchmarks in funding, job creation, or revenue described below, the entrepreneur may receive up to another 2½ years, for a maximum of 5 years under the program

New Increases to Qualifying Investment Amounts

  • Initial Applications: Starting October 1st to demonstrate the businesses’ potential for growth and job creation, initial applicants will need to show at least $311,071 in qualified investments from qualifying investors, at least $124,429 in qualified government awards or grants, or, if only partially meeting the threshold investment or award criteria, alternative evidence of the start-up entity’s substantial potential for rapid growth and job creation.
  • Re-parole Applications: For those applying for a second period of authorized stay, the entrepreneur must demonstrate that the start-up entity has either:
    • Received a qualified investment, qualified government grants or awards, or a combination of such funding, of at least $622,142(currently $528,293);
    • Created at least five qualified jobs; or
    • Reached annual revenue in the United States of at least $622,142 (currently $528,293) and averaged at least 20% in annual revenue growth.

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somalia-1758976_1280In this post, we share with you some great news for Somalian nationals under Temporary Protected Status (TPS) in the United States.

The Biden administration has made the decision to extend Temporary Protected Status for Somalian nationals currently receiving protections under the program for 18 months from September 18, 2024 through March 17, 2026.

A notice has been published in the Federal Register with information about how to register for TPS under Somalia’s designation.

The main benefit of applying for TPS protections is that those who are approved 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).

Current TPS beneficiaries who wish to extend their status through March 17, 2026, must re-register during the 60-day re-registration period from July 22, 2024, through September 20, 2024, to ensure they keep their TPS and employment authorization.

Extension of Somalia’s Designation for TPS

On July 19, 2024, the Secretary of Homeland Security, Alejandro Mayorkas, announced an 18-month extension and re-designation of Temporary Protected Status (TPS) for the country of Somalia. This extension and re-designation will be in effect from September 18, 2024, through March 17, 2026 (an 18-month period).

Secretary Mayorkas made this decision after consulting with government officials and taking into consideration the ongoing armed conflict in Somalia, along with natural disasters, disease outbreaks, and worsening humanitarian crisis. Somalia continues to be impacted by terrorism, violent crime, civil unrest, and fighting amongst clan militias making it necessary to extend the designation of Somalia for TPS.

The extension of TPS for Somalia will allow approximately 600 current beneficiaries to retain TPS through March 17, 2026, if they re-register and continue to meet TPS eligibility requirements.

The redesignation of Somalia for TPS also allows an estimated 4,300 additional Somali nationals to file initial applications for TPS, if they are otherwise eligible. Such individuals must have established residence in the United States on or before July 12, 2024, and have maintained continuous residence since then.

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