Visa Lawyer Blog

Articles Posted in Non-Citizens

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We are happy to share some exciting news for H-2B FY 2024 visa applicants and their employers.

On November 3, 2023, the U.S. Citizenship, and Immigration Services (USCIS) announced that the government will make available an additional 64,716 H-2B temporary nonagricultural worker visas for Fiscal Year (FY) 2024.

This is in addition to the 66,000 H-2B visas made available each fiscal year for the H-2B visa program under the congressionally mandated cap.

This will allow American businesses operating within the hospitality, tourism, landscaping, seafood processing industries to hire seasonal or other temporary workers in the H-2B program to help them meet high demand for work during peak seasons, where not enough American workers are available to fill these jobs.

USCIS has made the announcement at the start of FY 2024 to allow U.S. employers to plan their hiring needs ahead of time and fill temporary positions for seasonal and other temporary workers.

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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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Source: Flickr: Molly Adams, LA March for Immigrant Rights 

In a stunning turn of events, a federal judge on Wednesday declared the Deferred Action of Childhood Arrivals (DACA) program illegal in a new court ruling.

The decision comes after a five-year long court battle which has left the future of Dreamers hanging in the balance.

Judge Andrew S. Hanen of the District Court of Houston rejected the Biden administration’s efforts to save the DACA program, arguing that former President Barack Obama did not have the authority to create the program in 2012 by executive authority.

In his ruling, Judge Hanen stopped short of terminating the program which will mean that current DACA recipients can retain their DACA benefits and apply for renewals with the U.S. Citizenship and Immigration Services (USCIS). However, initial first-time applications for DACA will remain prohibited.

In 2021, the Biden administration sought to defend the legality of DACA by issuing a Proposed Rule in the Federal Register to preserve and fortify the program. This came after Judge Hanen issued a prior ruling arguing that the government failed to abide by the public notice and comment procedure required by the Administrative Procedures Act before. This prompted Texas along with eight other states (Alabama, Arkansas, Louisiana, Nebraska, South Carolina, West Virginia, Kansas, Mississippi) to sue the federal government bringing the case before Judge Hanen yet again.

Unfortunately, the Biden administration’s efforts to appease the Judge did not work. Ultimately the Judge indicated that only Congress could enact legislation to protect Dreamers, and passing such a program was not under the authority of the President.

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In this blog post, we share recent guidance released by the U.S. Citizenship and Immigration Services (USCIS) for supporters and beneficiaries of Uniting for Ukraine and nationals of Cuba, Haiti, Nicaragua, and Venezuela, requesting humanitarian parole to the United States.

Individuals participating in these programs must have a supporter in the United States who agrees to provide financial support for the duration of their parole in the United States. The first step in the process is for the U.S.-based supporter to file a Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, with USCIS for each beneficiary they seek to support, including minor children. The U.S. government will then review the supporter information provided in the Form I-134A to ensure that they are able to financially support the beneficiaries they are agreeing to support.

USCIS has cautioned applicants that they have been receiving many duplicate filings of Form I-134A, as well as multiple inquiries submitted to the USCIS Contact Center regarding these filings.

To avoid any errors and ensure the proper submission of the form, USCIS has provided the following important tips.

Duplicate Filings of Form I-134A

Some potential supporters have been filing multiple Forms I-134A for the same beneficiary. These duplicate filings add to USCIS workload, which delays processing.

The agency encourages applicants to refrain from filing more than one Form I-134A for the same beneficiary because this could delay the processing of the application for the beneficiary you are agreeing to support.

Those who have not received a decision on a Form I-134A they have filed on behalf of a beneficiary, are advised to check their case status through their USCIS online account.

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With the new year comes exciting new changes in immigration. We are happy to report that the government has just announced a brand-new parole process for Cubans, Haitians, and Nicaraguans modeled after the Uniting for Ukraine program and parole program for Venezuelans (introduced in October of 2022), granting eligible individuals two-year parole, including the ability to apply for employment authorization and remain lawfully present in the United States.

Separately, the government has released the CBP One mobile app, a new mechanism for noncitizens (land travelers only) to schedule appointments to present themselves at ports of entry, encouraging safe and orderly arrivals. Once Title 42 is no longer in place, this will be the scheduling mechanism for noncitizens to schedule a time to present themselves at a U.S. port of entry for inspection and processing, rather than arriving unannounced or attempting to cross in-between ports of entry. This includes those who seek to make asylum claims. Those who use the CBP One process will be eligible for employment authorization during their period of authorized stay.

Individuals who use the CBP One app will be able to schedule an appointment to present themselves at the following ports of entry:

  • Arizona: Nogales;
  • Texas: Brownsville, Hidalgo, Laredo, Eagle Pass, and El Paso (Paso Del Norte); and
  • California: Calexico and San Ysidro (Pedestrian West – El Chaparral).

During their inspection process, noncitizens must verbally attest to their COVID-19 vaccination status and provide, upon request, proof of vaccination against COVID-19 in accordance with Title 19 vaccination requirements.

Individuals will be able to schedule appointments in CBP One in the coming days. The CBP One application is free to download and available in the Apple and Google App Stores.

Parole Program for Nationals of Cuba, Haiti, Nicaragua, and Venezuela

The United States government has implemented a new parole program for nationals of Cuba, Haiti, Nicaragua, and Venezuela to prevent those eligible from making a dangerous trek to the United States.

*Please note Venezuela’s parole program has been in effect since October 18, 2022. 

The parole program will allow up to 30,000 qualifying nationals per month from all four of these countries to reside legally in the United States.

Eligible individuals will be able to seek advance authorization to travel to the United States and be considered, on a case-by-case basis, for a temporary grant of parole for up to two years, including employment authorization.

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We kick off the start of a brand-new week with some breaking news. On Tuesday, December 2, 2021, the Centers for Disease Control and Prevention (CDC) updated its international travel guidance to require all air passengers, regardless of vaccination status, to show a negative COVID-19 test taken no more than 1 day before travel to the United States starting today, Monday, December 6, 2021.

The CDC has also published a new webpage that summarizes the international travel requirements and recommendations for U.S. Citizens, Lawful Permanent Residents, and Immigrants. Another webpage also provides information for non-U.S. Citizens, non-U.S. immigrants traveling by air to the United States.

International Air Travel Guidance for non-U.S. Citizens and non-U.S. immigrants

Starting today, Monday December 6, 2021, all air passengers, regardless of vaccination status, must show a negative COVID-19 test taken no more than 1 day before travel to the United States.

Additionally, non-U.S. citizens and non-U.S. immigrants (those who are not a U.S. citizen, U.S. national, lawful permanent resident, or traveling to the United States on an immigrant visa) must be fully vaccinated against COVID-19 to travel to the United States by plane. Only limited exceptions apply.

Travelers are required to show a negative COVID-19 test result or documentation of recovery from COVID-19 when traveling to the United States by air.

Wearing a mask over your nose and mouth are also required in indoor areas of public transportation (including airplanes) traveling into, within, or out of the United States and indoors in U.S. transportation hubs (including airports).

What if I am not fully vaccinated?

Non-citizens who are nonimmigrants and seeking to enter the United States by air are required to show proof of being fully vaccinated against COVID-19 before boarding a flight to the United States from a foreign country.

If you are not fully vaccinated against COVID-19, you will NOT be allowed to board a flight to the United States, unless you meet the limited criteria for an exception under the Proclamation and CDC’s Order.

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