Visa Lawyer Blog

Articles Posted in I-765

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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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international-2693195_1280We are pleased to report that the Department of Homeland Security recently issued a notice in the Federal Register extending Haiti’s designation for Temporary Protected Status (TPS) for an 18-month period, from August 4, 2024 to February 3, 2026.

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

The redesignation was made based on the Secretary of Homeland Security’s assessment that Haiti faces challenges that warrant ongoing humanitarian assistance based on the regional violence and insecurity throughout the country.

Who qualifies?

You may be eligible to apply for TPS under Haiti’s designation if you continuously resided in the United States on or before June 3, 2024, and have remained continuously physically present in the United States since that date.

However, if you arrived in the United States after June 3, 2024, you are not eligible for TPS under Haiti’s designation.

It is estimated that Haiti’s redesignation will allow approximately 309,000 additional Haitian nationals to file an initial TPS application if they are otherwise eligible.

Haitian TPS recipients will also be allowed to retain their TPS benefits upon their re-registration.

First Time Applicants

Under the redesignation of TPS for Haiti, eligible individuals who do not have TPS may submit an initial Form I-821, Application for Temporary Protected Status, during the initial registration period that runs from July 1, 2024 through February 3, 2026.

Applicants can apply for a TPS-related EAD by submitting a completed Form I-765, Application for Employment Authorization, with their Form I-821, or separately later. The I-765 form can be filed online.

Re-registration for current TPS recipients

Current beneficiaries under TPS must re-register during the 60-day re-registration period that runs from July 1, 2024, through August 30, 2024. 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 Haiti’s initial designation.

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student-5473769_1280A new California legislative bill known as AB 2586 may soon grant undocumented students the ability to work on college campuses without having a work permit.

The assembly bill introduced by David Alvarez is meant to provide relief to the millions of undocumented students unable to apply for employment authorization under the Deferred Action for Childhood Arrivals (DACA) program.

As our readers may know, U.S. Citizenship and Immigration Services (USCIS) stopped processing new DACA applications in 2017, when former President Donald Trump rescinded the program. Since then, only renewal applications have been accepted by USCIS, putting millions of undocumented students out of work who can no longer apply for and obtain work permits.

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We are pleased to announce that the U.S. Citizenship and Immigration Services (USCIS) will soon publish a new temporary final rule in the federal register aimed at streamlining the processing of renewal applications for Employment Authorization Documents (also known as EADs) and increasing the automatic extension period of EADs.

What does this new rule propose?

The new temporary final rule (TFR) proposes an increase of the automatic extension period of certain employment authorization documents (EADs) from up to 180 days to up to 540 days from the expiration date printed on EADs.

Who will benefit?

This automatic extension will benefit employment-authorized noncitizens to prevent workforce interruption for those that have pending employment authorization renewal applications with USCIS, which were timely and properly filed on or after October 27, 2023.

Additionally, to be eligible for the automatic extension, the EAD renewal application must still be pending with USCIS on the date of the rule’s publication in the Federal Register on April 8, 2024.

It will also benefit any eligible applicant who files a renewal EAD application during the 540-day period beginning on or after April 8, 2024 (the date of the rule’s publication in the Federal Register).

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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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As a reminder to our readers, today Monday, February 26, 2024, a new premium processing fee will go into effect for Form I-907 Request for Premium Processing, for those filing premium processing service for the following applications:

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

Highlights

In December of last year, USCIS published a final rule in the Federal Register announcing the filing fee increase for Form I-907, Request for Premium Processing Service, to account for inflation.

Effective February 26, 2024, the final rule increases the premium processing fees as follows:

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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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poverty-4561704_1280

On January 30, 2024, the U.S. Citizenship and Immigration Services (USCIS) published a final rule in the Federal Register making significant fee increases for various immigration applications and benefit requests. This fee increase will be the first major adjustment in the filing fees since 2016. The increase is meant to address the agency’s operational and financial challenges to support the timely processing of new applications.

The fee increase will take effect starting April 1, 2024. All applications postmarked after this date will be subject to the fee increases in the final rule.

TIP: To avoid paying the higher fees, USCIS must receive applications before April 1, 2024.

Highlights

  • Form I-130 (Petition for Alien Relative), used to petition for family members, including marriage green cards, will increase by 26% to $675 for paper filing, and $625 for online filers.
  • Form I-129F (Petition for Alien Fiancé(e)), used by U.S. Citizens to petition for their fiancé(e) to enter the U.S., will increase by 26 percent from $535 to $675
  • Form I-485 (Application to Register Permanent Residence or Adjust Status), used by immigrants seeking a green card for permanent residency, will increase by 18% from $1,225 to $1,440. Employment authorization, and advance parole, will now cost an additional $260 and $630, respectively. Previously these applications carried no additional cost when filing them alongside adjustment of status applications

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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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