USCIS Releases Podcast on Tips for E-Verify and I-9 News

USCIS has released an Equifax Workforce Wise podcast interview with Tammy Meckley, Associate Director, U.S. Citizenship and Immigration Services, Immigration Records and Identity Services Directorate with the Department of Homeland Security. The two-part interactive session includes an overview of E-Verify and a series of questions pertaining to current and future plans for the program. Ms. Meckley explains key aspects of E-Verify and why so many employers are confidently using E-Verify to confirm the employment eligibility of their employees.

Both parts of this interview can be accessed here.

USCIS 60-Day Notice and Request for Comments on Proposed New Form I-129 for Separate Nonimmigrant Classifications

USCIS has announced that Form I-129, Petition for Nonimmigrant Worker will be separated into several individual forms and has issued a 60-day Notice and Request for Comments on the proposed forms. These new forms will combine information from the main Form I-129 with information from the current Supplements to create unique forms tailored to specific nonimmigrant classifications. This is intended to consolidate and simplify the information collection requirements for respondents.  The proposed forms are as follows: 

•    Form I-129H1 will collect information for the H-1B and H-1B1 programs.

•   Form I-129E&TN will collect information for the E and the TN programs.

• Form I-129L will collect information for the L nonimmigrant program.

•   Form I-129MISC will collect information for H-3, P, Q, or R classifications.

•   Form I-129O will collect information for the O nonimmigrant program.

CBP announced continuation of temporary travel restrictions between Canada and the U.S.

Customs and Border Patrol (CBP) and the Department of Homeland Security (DHS) have announced that land border restrictions on non-essential travel between Canada and the U.S. will remain in place through September 21, 2021.

The following are considered “essential travel”:

•  Citizens and lawful permanent residents returning to the United States.

• Individuals traveling for medical purposes (e.g., to receive medical treatment in the United States).

• Individuals traveling to attend educational institutions.

• Individuals traveling to work in the United States (e.g., individuals working in the agriculture industry who must travel between the United States and Canada or Mexico in furtherance of such work).

• Individuals traveling for emergency response and public health purposes (e.g., government officials or emergency responders entering the United States to support federal, state, local, tribal, or territorial government efforts to respond to COVID-19 or other emergencies).

• Individuals engaged in lawful cross-border trade (e.g., truck drivers supporting the movement of cargo between the United States and Canada and Mexico).

• Individuals engaged in official government travel or diplomatic travel.

• Individuals engaged in military-related travel or operations.

Travel for tourism purposes (sightseeing, recreation, gambling, or attending cultural events) is not considered “essential” and is restricted at this time.

Visitors (including applicants, interpreters, and attorneys) will not be permitted to enter USCIS facilities if they have traveled by certain means in the last 10 days

The USCIS website has been updated to indicate that you may not enter a USCIS facility if you “[h]ave returned from domestic air, international air or cruise ship travel in the past 10 days (unless you are fully vaccinated).”  This would apply to applicants and their attorneys and interpreters as well. Specifically, visitors will not be allowed to enter the USCIS office if they:

• Have COVID-19 or any symptoms of COVID-19 according to the CDC, including, but not limited to, a recently developed cough, fever, difficulty breathing, new loss of smell or taste, fatigue, muscle aches, headache, congestion, sore throat, or vomiting;

• Have been in close contact (within 6 feet for a total of 15 minutes or more) with anyone known to have COVID-19 in the past 14 days (unless you are fully vaccinated or if you are a health care worker and consistently wear an N95 respirator and proper personal protective equipment (PPE) or equivalent when in contact with COVID-19 positive individuals);

• Have returned from domestic air, international air, or cruise ship travel in the past 10 days (unless you are fully vaccinated);

• Have been instructed by a health care provider, public health authority, or government entity to self-isolate or self-quarantine in the past 14 days; or

• Refuse to wear a face covering or mask in accordance with USCIS policy.

CDC Updates Requirements for Immigrant Medical Examinations to Add COVID Vaccination Requirement

According to a recent update from the Center for Disease Control and Prevention (CDC) regarding the criteria for required vaccinations, the COVID-19 vaccine will now be required for all immigration applicants (with in order to complete the required medical exam.   The CDC has new vaccination criteria to help decide which vaccines should be required as part of the immigration process. CDC will use these criteria at regular periods, as needed, for vaccines recommended by the Advisory Committee on Immunization Practices (ACIP) for the general U.S. public. This will determine which vaccines will be required for U.S. immigration.

The criteria are:

• The vaccine must be age-appropriate for the immigrant applicant

• The vaccine must protect against a disease that has the potential to cause an outbreak.

• The vaccine must protect against a disease that has been eliminated or is in the process of being eliminated in the United States.

The only exceptions to this are if a vaccine is not medically advised for an immigrant applicant or if the immigrant applicant can show proof of prior vaccination.

DHS Seeks Public Comment on Public Charge Rulemaking

The U.S. Department of Homeland Security (DHS) has issued an Advanced Notice of Proposed Rulemaking (ANPRM) for the purpose of seeking public comment and gathering data related to defining the term “public charge” for admissibility purposes. Under the Immigration and Nationality Act, a noncitizen who is likely to become a public charge is generally inadmissible to the United States and ineligible to become a lawful permanent resident. The public comment period is open for 60 days, beginning Monday, Aug. 23, 2021, and closing Oct. 22, 2021.

DHS is requesting public comment on a number of factors, including how DHS should define the term “public charge,” which public benefits DHS should consider relevant to the public charge inadmissibility determination, and how DHS should assess the mandatory statutory factors when determining whether a noncitizen is likely to become a public charge, among other matters. 

The ANPRM does not change how USCIS makes public charge inadmissibility determinations. Until DHS completes the rulemaking process and implements new regulations, USCIS will continue to apply the public charge inadmissibility statute consistent with the 1999 Interim Field Guidance. Under this guidance, USCIS does not consider a person’s receipt of Medicaid (except for Medicaid for long-term institutionalization), public housing, or Supplemental Nutrition Assistance Program benefits and other nutrition assistance as part of the public charge inadmissibility determination. Vaccinations or medical treatment for COVID-19 also are not considered for public charge purposes.

The virtual public listening sessions (which will be opportunities for the public to speak directly to DHS on the questions raised in this ANPRM) will be held on—

• September 14, 2021 at 2:00 pm ET: Listening Session for the General Public.

• October 5, 2021 at 2:00 pm ET: State, Territorial, Local, and Tribal Benefits Granting Agencies and Nonprofit Organizations Only.

More information about registering for these public listening session and for submitting comments for DHS consideration can be found under the “Public Participation” section of the ANPRM, which can be found here.   

USCIS Extending Validity Period of Form I-693, Report of Medical Exam from 2 to 4 years

Due to delays in processing caused by the COVID-19 pandemic, USCIS is temporarily extending the validity period for Form I-693, Report of Medical Examination and Vaccination Record, from two years to now four years due to COVID-19-related delays in processing.

USCIS may consider a completed Form I-693 as valid if: 

• The civil surgeon’s signature is dated no more than 60 days before the applicant filed Form I-485, Application to Register Permanent Residence or Adjust Status;

• No more than four years have passed since the date of the civil surgeon’s signature; and

• A decision on the applicant’s Form I-485 is issued on or before Sept. 30, 2021.

USCIS is making this temporary change because COVID-19 has caused processing delays and affected applicants’ ability to complete the required immigration medical examination. Previously, USCIS considered a completed Form I-693 to retain its validity for two years after the date the civil surgeon signed, as long as the date of the civil surgeon’s signature was no more than 60 days before the applicant filed for adjustment of status.

Resources for the crisis in Afghanistan

On August 29th, 2021, President Biden directed the Department of Homeland Security to serve as the lead agency coordinating ongoing efforts across the federal government to resettle vulnerable Afghans, including those who worked on behalf of the United States.  DHS will lead the interagency Unified Coordination Group to establish and provide a broad range of services throughout the resettlement process, from initial immigration processing, COVID-19 testing, and isolation of COVID-positive individuals for anticipated quarantine, to resettlement support for individuals who are neither U.S. citizens nor lawful permanent residents. The resettlement support will include initial processing at pre-designated U.S. military bases prior to being resettled into communities. 

While this situation continues to develop, the American Immigration Lawyers Association (AILA) members have assembled the following resources to address the humanitarian crisis in Afghanistan: 

Humanitarian Parole

Due to the dangerous conditions in Afghanistan, and the incredibly limited State Department resources available, other possible options should be pursued, including Humanitarian Parole. Humanitarian Parole can be requested by someone outside of the United States who is seeking temporary entrance to the U.S. for urgent humanitarian reasons.  USCIS has provided information regarding Humanitarian Parole here. 

Requesting Humanitarian Parole at a U.S. Embassy

For Afghan citizens who are able to reach a third country, an application for Humanitarian Parole can be made at the Embassy.

Afghan citizens are eligible for e-visas to Tajikistan, Uzbekistan, and Kyrgyzstan, and they may enter the following countries without a visa:

1.     Antigua and Barbuda (e-Visa)

2.     Benin (e-Visa)

3.     Cape Verde (Visa on arrival - 3 months)

4.     Comoros (Visa on arrival - 45 days)

5.     Dominica (Visa free entry - 21 days)

6.     Ethiopia (e-Visa - 90 days)

7.     Maldives (Visa on arrival - 30 days)

8.     Qatar (e-Visa)

Requesting Humanitarian Parole with USCIS

In some cases, urgent humanitarian reasons can form the basis of a request to be paroled into the U.S. For IV applicants based on sponsorship by a USC or LPR family member a request can be made to the Washington DC Humanitarian Parole office or a local USCIS Field Office. The limitation for these cases is that an applicant must find a way out of Afghanistan and arrange for transportation to the U.S.

Requesting Humanitarian Parole with CBP

Urgent humanitarian parole can be granted by CBP. The request must be made to a specific CBP Port of Entry. The limitation with this option again lies with the ability to exit Afghanistan, or if already out of Afghanistan, arranging for transportation to the USA. Considering Canada’s humanitarian efforts, it may be possible to gain entry to Canada, and then pursue entry to the USA.

Other Resources:

• Congressional offices have been very active with assisting with humanitarian situations such as this. You may want to consider reaching out to your federal Senator or Representative for assistance. For example, certain Members of Congress have set up special email addresses:

  • Representative Andy Kim (D-NJ) RepKimEvac@mail.house.gov or (202) 225-4765

  • Senator Tom Cotton (501) 223-9081 or evac@cotton.senate.gov
    

• For questions on how to receive Chief of Mission (COM) approval for the Afghan Special Immigrant Visa Program: AfghanSIVapplication@state.gov

• For information on the P2 program for Afghan nationals, please visit:

1.   https://www.state.gov/u-s-refugee-admissions-program-priority-2-designation-for-afghan-nationals/

2.   The Refugee Processing Center via: https://www.wrapsnet.org

Pathways for migration for Afghans seeking entry to the United States, United Kingdom, Canada, or EU: This non-exhaustive document has been compiled by a non-AILA source, so AILA cannot vouch for the information contained within; however, it may be informative:

o  https://docs.google.com/document/u/0/d/1fOLFOxD6DWs2JrBb1hqf2EXMbC5imN1Bm5LOXnSkfks/mobilebasic?fbclid=IwAR0OU44XYogkJQ09OhCB1YYFG9GpHAbyRhV640QvXSI6d6meyFdORQz2DZk#h.qtf55qgn4kti

IRAP: https://support.iraplegalinfo.org/hc/en-us/sections/360008472712-U-S-Special-Immigrant-Visas-SIVs-

o   https://refugeerights.org/news-resources/legal-resources-for-afghans

Lutheran Immigration and Refugee Services: https://www.lirs.org/emergency-evacuation-afghan-allies-action-alert

DOS Provides Update on U.S. Embassy Kabul – All Embassy Operations Suspended

According to the Department of State (DOS) announcement of August 31, 2021, the U.S. Embassy in Kabul has suspended all operations, and the U.S. government has withdrawn all personnel from Kabul. The Embassy will continue to provide information via the Smart Traveler Enrollment Program (STEP).  Nonimmigrant visa appointments remain unavailable and all immigrant visa appointments, including Special Immigrant Visas (SIVs), at the Embassy have been cancelled. Consular services remain available outside Afghanistan and assistance is available for U.S. citizens and their families in Afghanistan from Doha, Qatar. 

DOS’s first priority is U.S. citizens and lawful permanent residents (LPRs) of the United States, along with eligible family members.  DOS is also prioritizing several other categories of people, including locally employed DOS staff; personnel from partner nations and international organizations with whom DOS has agreements; Afghan Special Immigrant Visa holders and applicants; certain immigrant visa applicants; Afghans who would be eligible for P1/P2 refugee programs; and certain Afghans at risk.

Immigrant visa applicants, including Special Immigrant Visa applicants, should continue monitoring official U.S. Government websites, including travel.state.gov, for updated information.  Immigrant visa applicants outside of Afghanistan may request their case be transferred to the nearest U.S. Embassy or Consulate to complete processing.  To request a case transfer, please submit a request to the National Visa Center via the form found here. 

DOS is accelerating efforts to process and relocate those Afghans who have worked with the U.S. government or on the U.S.’s behalf over the years.  Afghan nationals who are eligible for the SIV program who have not yet done so, are encouraged to submit one complete application package to the National Visa Center (AfghanSIVapplication@state.gov) to facilitate processing in an expeditious manner. 

Please refer to Special Immigrant Visas for Afghans - Who Were Employed by/on Behalf of the U.S. Government (state.gov) for more information regarding the SIV process and who to contact with questions.

General inquiries about the Special Immigrant Visa (SIV) Program can be directed to +1-606-526-7594 or AfghanSIVApplication@state.gov. This contact information is for general SIV inquiries only. DOS cannot provide any evacuation or emergency assistance at this phone number or email. Individuals seeking to leave Afghanistan should refer to the Embassy Kabul website for the most up to date information.

Heightened Scrutiny of Individuals of Iranian Descent

The American Immigration Lawyers Association (AILA) has issued a Practice Pointer regarding recent trends and reports of Iranian individuals receiving increased scrutiny and denials or revocations from the Department of State (DOS) and Department of Homeland Security while attempting to enter or re-enter the United States. 

One common reason for denials of applications or refusal of admission is prior military service, as Iranian men must participate in compulsory military service and are randomly assigned to a branch of the military.  One branch of the Iranian military, the Islamic Revolutionary Guard Corp (IRGC) was designated as a terrorist organization by the U.S. government in 2019, and as a result of this, some Iranians can face inadmissibility due to being involved in terrorist activities.  Exceptions and waivers to this ground of inadmissibility are increasingly not being considered according to AILA’s reports, and inadmissibility on this ground has been extended to those who have served in other branches of the Iranian military, or to family members such as spouses. 

Iranian applicants for nonimmigrant visas have also been refused entry, or had their visa applications denied or revoked for the following reasons:

• Seeking to enter the U.S. to attend an institute of higher education to prepare for a career in the energy sector of Iran or in nuclear science, nuclear engineering, or a related field in Iran. (Section 501 of the Iran Threat Reduction and Syria Human Rights Act of 2012)

• Participating in previous schooling, training, employment, or having other connections with an entity “designated as or associated with a foreign terrorist organization or sanctioned specially designated national”

• Receiving a “determination that an export license should be issued for access to controlled technology”. 

• “Heightened screening or vetting”, or

• Social media history “that could be used as a basis to find that the foreign national is inadmissible (i.e., on national security grounds)”
  
  

AILA’s report warns that Iranian nationals already in the U.S. should avoid travelling internationally, even with a valid visa.  If travel outside the U.S. is necessary, AILA recommends that Iranian nationals check their visa case status in the Consular Electronic Application Center (CEAC) to ensure they are aware of any changes. 

AILA also reports that U.S. citizens and lawful permanent residents have faced this increased scrutiny as well, such as being directed through secondary inspection for questioning when returning to the U.S.  Other reports include revocation of Global Entry, or having electronic devices searched and confiscated. If necessary, travelers can submit inquiries about difficulties they have experienced to DHS’s Traveler Redress Inquiry Program (TRIP) or submit a report or complaint to the DHS Office of Civil Rights and Civil Liberties (CRCL).