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We are happy to share some great news for Temporary Protected Status (TPS) applicants! On November 29, 2021, the United States Citizenship, and Immigration Services (USCIS) announced that TPS applicants may now file Form I-821 Application for Temporary Protected Status and I-765 Application for Employment Authorization entirely online for certain country designations.

Who is eligible to apply online?

First-time TPS applicants and TPS beneficiaries who are re-registering are eligible to file Form I-821 and Form I-765 online, provided they are a national under one of the following current designations for TPS:

  • Burma (Myanmar)
  • El Salvador
  • Haiti
  • Honduras
  • Nepal
  • Nicaragua
  • Somalia
  • South Sudan
  • Sudan
  • Syria
  • Venezuela
  • Yemen

Applicants can request an Employment Authorization Document (EAD) by submitting a completed Form I-765 with their Form I-821 online, or they may choose to submit their Form I-765 separately later. TPS applicants are recommended to file both forms together to help receive their Employment Authorization Document more quickly.

Where can I file?

To file Form I-821 online, eligible TPS applicants should visit the myUSCIS page to log into or create a USCIS online account. Through their myUSCIS account, applicants will be able to track the status of their application, review requests for more evidence, download a copy of their receipt notice, and have the ability to communicate with USCIS about their application through a secure inbox.

Why the change?

The new online filing capability is part of USCIS’ efforts to streamline the application process and reduce workloads by easily and conveniently retrieving applications and supporting documentation electronically. Previously, TPS online filing was only available to individuals from certain countries. The expansion of the online filing capability will now give USCIS the ability to process applications and EADs on a more timely basis through its secure and convenient platform.

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In this blog post we share with you some happy news for first time Temporary Protected Status (TPS) applicants from Venezuela, Syria, and Burma.

The Department of Homeland Security (DHS) has announced that it is extending the initial registration periods for applications under the Temporary Protected Status (TPS) designations for Venezuela, Syria, and Burma (Myanmar), from 180 days to 18 months.

Foreign nationals eligible to file initial (new) applications under the Temporary Protected Status (TPS) designations for Venezuela, Syria and Burma (Myanmar), will now have up to 18 months to submit their requests, up from 180 days, according to a recent Federal Register notice that has been published in the Federal Register by USCIS. The registration periods, which were to expire this fall, are being extended by the Department of Homeland Security (DHS) in an effort to ensure that eligible applicants have an opportunity to obtain TPS and to reduce operational burdens on U.S. Citizenship and Immigration Services (USCIS) by spreading out applications over a period of time.

The new 18-month filing periods align with the TPS designation for each country and are in keeping with the filing periods recently allotted in for Yemen, Haiti, and Somalia TPS designations.

What does the new filing extension allow me to do?

This new filing extension will allow eligible individuals to submit an initial Form I-821, Application for Temporary Protected Status, application for an Employment Authorization Document (Form I-765 work permit), and application for Travel Permission (Form I-131) (if desired) at any time during the 18-month designation or redesignation periods for these three countries.

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Welcome back to Visalawyerblog! We are happy to bring you the latest immigration updates recently announced by the United States Citizenship and Immigration Services (USCIS).

USCIS Guidance Following DACA Permanent Injunction in State of Texas, et al., v. United States of America, et al., 1:18-CV-00068, (S.D. Texas July 16, 2021)

USCIS has announced on its official webpage that consistent with the permanent injunction granted by the U.S. District Court for the Southern District of Texas on July 16, 2021, declaring DACA policy illegal, USCIS is prohibited from granting initial requests for first time DACA applicants, and accompanying requests for employment authorization.

However, USCIS will continue to accept both initial and renewal DACA requests but will not be able to adjudicate requests for first time DACA applicant’s pursuant to the court order.

Renewal filings for those who have received DACA benefits in the past, will continue unaffected by the court order, and USCIS will continue to adjudicate renewal requests, and accompanying renewal requests for employment authorization as before.

What’s next? The Department of Justice will be appealing the District Court’s decision and the Biden administration is urging Congress to pass the American Dream and Promise Act of 2021.

Read Biden’s Statement responding to the Court’s injunction here.

Applicants Filing Change of Status Applications to F-1 No Longer Need to Submit Subsequent Applications to ‘Bridge the Gap’

We are happy to report that USCIS recently ended the “Bridge the Gap” policy. Previously, prospective students with a current nonimmigrant status in the United States, that was set to expire more than 30 days before their F-1 program start date, were required to “Bridge the Gap,” by filing Form I-539 with USCIS to request an extension of their current status, or a change to another status ensuring that they would not have a “gap” in status.

Effective July 20, 2021, USCIS announced that individuals who have applied for a change of status to F-1 student, will no longer need to “Bridge the Gap,” while their initial F-1 change of status application is pending with USCIS.

To prevent a “gap” in status, USCIS has said that it will now grant the change of status to F-1 effective the day the applicant’s Form I-539, Application to Extend/Change Nonimmigrant Status is approved. If USCIS approves an application more than 30 days before the student’s program start date, the student must ensure they do not violate their F-1 status during that time (such as engaging in unauthorized employment, more than 30 days before the program start date as listed on the Form I-20.)

These changes have been introduced to decrease current backlogs and USCIS workloads. A revision of the Form I-539 instructions will soon be published to reflect these new policy changes.

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Welcome back to Visalawyerblog! In this blog post we discuss the Biden administration’s recent decision to keep refugee admissions at an all-time low, a decision that has angered lawmakers and pro-immigrant advocates alike.

On April 16, 2021, President Biden issued a controversial Presidential directive that aims to keep the refugee admissions ceiling at the same rate as that under the Trump administration. The new Presidential directive states that the administration will maintain the refugee admissions ceiling at 15,000 per fiscal year, with the majority of refugee allocations given to Africa and Latin America and the Caribbean, and the remainder split among East Asia, Europe and Central Asia, Near East and South Asia, and other regions.

The Presidential directive however leaves open the possibility of raising the ceiling if the quota is reached before the end of the fiscal year, at which time the administration would consider raising the admissions rate anew.

In defense of the President’s actions, White House Press Secretary Jen Psaki, said in a statement that President Biden is expected to set a final, increased refugee cap for the remainder of the fiscal year before May 15, 2021.

The President’s actions mark a stunning departure from his campaign agenda, which for the first time ever, has fallen short of undoing harmful actions of the previous administration by continuing to narrow the pool of refugees that may be admitted to the United States.

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Welcome back to Visalawerblog! We hope you are having a wonderful start to your week.

In this blog post, we discuss a new update for the Temporary Protected Status (TPS) program for the country of Venezuela.

As luck would have it, on March 8, 2021, the newly sworn Secretary of Homeland Security, Alejandro Mayorkas, announced the designation of Venezuela, as a foreign country qualifying for Temporary Protected Status (TPS), due to conditions in the country that temporarily prevent the safe return of Venezuelan nationals to their country of origin.

The designation will allow Venezuelan nationals (and those without nationality who last resided in Venezuela) to file initial applications for Temporary Protected Status (TPS), provided they meet the eligibility requirements.

What is TPS?

Temporary Protected Status is a temporary immigration status given to certain foreign nationals from certain countries that are experiencing ongoing armed conflict, environment disaster, humanitarian crisis, and other such conditions. TPS allows qualifying applicants to remain in the United States on a temporary lawful basis without fear of deportation, and also allows applicants to apply for a temporary work permit. Only nationals from countries who have been designated as eligible for Temporary Protected Status by the Secretary of Homeland Security are eligible to participate. Countries with such designation include El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Venezuela, and Yemen.

What are the eligibility requirements?

  • To be eligible, applicants must be a national of Venezuela, or be a person without nationality who last habitually resided in Venezuela.
  • Venezuelan nationals must file for TPS during the open initial registration or re-registration period, which falls on March 9, 2021 to September 5, 2021. That means all initial applications must be received within this time frame.
  • Venezuelan nationals must prove they have been continuously physically present in the United States since March 9, 2021, the effective date of Venezuela’s designation date; and
  • Venezuelan nationals must prove that they have been continuously residing in the United States since March 8, 2021.
  • Those who meet the requirements outlined above may obtain TPS benefits for a period of 18 months lasting until September 9, 2022.

How to file

All applicants must submit the necessary forms, supporting documentation, and filing fees with USCIS by filing Form I-821 Application for Temporary Protected Status, as well as Form I-765, Request for Employment Authorization. For information about the forms and supporting documentation required click here.

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USCIS Issues Notice Extending TPS Designation for Beneficiaries from Sudan, Nicaragua, Haiti, and El Salvador

In compliance with a court ordered preliminary injunction issued in the case Ramos v. Nielsen, USCIS has issued a notice formally announcing the automatic extension of TPS documentation for beneficiaries from Sudan, Nicaragua, Haiti, and El Salvador until January 2, 2020.

Beneficiaries under the Temporary Protected Status (TPS) designations for Sudan, Nicaragua, Haiti, and El Salvador will retain their TPS while the preliminary injunction remains in effect, provided that an individual’s TPS is not withdrawn under Immigration and Nationality Act (INA) section 244(c)(3) or 8 CFR 244.14 because of ineligibility.

DHS has further announced that it is automatically extending through January 2, 2020, the validity of TPS related Employment Authorization Documents (EADs), Forms I–797, Notice of Action (Approval Notice), and Forms I–94 (Arrival/Departure Record) (‘‘TPS-Related Documentation’’), for beneficiaries under the TPS designations for Sudan, Nicaragua, Haiti, and El Salvador, provided that the affected TPS beneficiaries remain otherwise eligible for TPS.

TPS for these countries will not be terminated unless and until any superseding, final, nonappealable judicial order permits such terminations.

Venezuelan Immigrant Visa Processing

The Department of State recently announced that the U.S. Embassy in Bogota, Colombia is now the designated primary site to process immigrant visas for residents of Venezuela. Beginning April 2019, the National Visa Center will begin scheduling Venezuelan immigrant visa interviews at the U.S. Embassy in Bogota. Appointment notices for all future immigrant visa interviews will take place at the U.S. Embassy in Bogota.

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Senate Introduces Bill to Grant TPS to Venezuelans

The Senate has introduced a bipartisan bill that would allow Venezuelans to seek temporary protected status (TPS) in the United States.

The bill is spearheaded by Bob Menendez of New Jersey, Dick Durbin of Illinois, Patrick Leahy of Vermont, and Marco Rubio of Florida.

According to the United Nations, more than 3 million Venezuelans have fled their country to escape the dire economic crisis. Venezuelans are struggling to afford basic necessities such as food and toiletries due to the astronomic inflation rate plaguing the country.

The United Nations has called on nations like the United States to take in Venezuelan refugees, given the strain placed on South American countries who have few resources to provide for incoming refugees.

The bill is not expected to advance until the new year, but it is the first step in making Venezuela’s government accountable for the economic crisis and providing relief to Venezuelan nationals.

Asylum requests are currently at an all-time high for Venezuelan nationals.

I-539 Workload Transfer

USCIS has announced the transfer of Form I-539 Application to Extend/Change Nonimmigrant Status for F, M, J, or B nonimmigrants from the Vermont Service center to the Texas Service Center, Nebraska Service Center, California Service Center, and Potomac Service Center.

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Earlier this week, the United States Supreme Court handed down a controversial decision upholding the President’s latest travel ban in the case Trump, President of the United States, Et Al. v. Hawaii Et Al. The 5-4 decision reflected a deeply divided court, but ultimately the conservative justices on the court banded together ruling in favor of the Trump administration.

Chief Justice Roberts, joined by Justices Kennedy, Thomas, Alito, and Gorsuch, ruled that the latest travel ban was “squarely within the scope of Presidential authority.” Justices Breyer, Kagan, Sotomayor, and Ginsburg dissented. Despite concurring with the majority opinion Justice Kennedy added, “An anxious world must know that our Government remains committed always to the liberties the Constitution seeks to preserve and protect, so that freedom extends outward, and lasts.”

As you may recall in September of 2017 the President issued Executive Order No. 9645, entitled “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public-Safety Threats.” The purpose of this executive order was to identify any deficiencies from several foreign countries needed to adequately assess whether nationals from particular countries seeking to enter the United States presented security or safety threats to the United States. The order specifically called for global requirements for information sharing among these countries, and increased immigration screening and vetting of individuals from particular countries of concern. The President exercised his broad authority under the constitution to place entry restrictions on nationals of eight foreign countries whose information systems for managing and sharing information about their nationals was deemed inadequate by the current administration. These countries included—Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen, and Somalia.

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11176275396_fdf69cfd1e_zOn Monday, December 4, 2017, the United States Supreme Court issued an order allowing enforcement of the President’s latest travel ban in its entirety, pending legal challenges in lower courts. In its brief order, the Court signaled its desire for the appellate court to address any challenges to the travel ban, swiftly. Justices Ruth Bader Ginsburg and Sotomayor were the only justices who would have blocked the latest travel ban from going into effect.

The court’s order means that the Trump administration may enforce all of the provisions of the President’s latest travel ban, until the federal courts hand down rulings on the constitutionality of the ban. As you may recall, non-US citizens affected by travel ban 3.0 include nationals of Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen, and Somalia.

The travel ban DOES NOT affect lawful permanent residents of the United States (green card holders), foreign nationals granted asylum, refugees admitted to the United States, or dual nationals traveling on a passport from a non-designated country.

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