DHS announces Fee Exemptions, Streamlined Processing for Afghan Nationals as they resettle in the US
On November 8th, 2021, the Department of Homeland Security (DHS) announced that it will exempt filing fees and streamline application processing for Afghan nationals who were paroled into the United States for humanitarian reasons on or after July 30, 2021. These actions will help facilitate their resettlement in the U.S. by streamlining the processing of requests for work authorization, green cards, and associated services. DHS is the lead federal agency coordinating Operation Allies Welcome, the ongoing all-of-government effort to resettle vulnerable Afghans, including those who worked on behalf of the United States.
“By providing these evacuees with access to streamlined processing and fee exemptions, we will open doors of opportunity for our Afghan allies and help them begin to rebuild their lives in communities across our country more quickly,” said Secretary of Homeland Security Alejandro N. Mayorkas. “These actions demonstrate our ongoing commitment to Afghan nationals who provided valuable assistance to the United States over the past two decades as well as other Afghans at risk.”
Approximately 70,000 Afghans have arrived in the United States as part of Operation Allies Welcome. Following the biggest airlift in U.S. history, DHS exercised its discretion to parole many Afghan nationals, on a case-by-case basis, into the United States for urgent humanitarian reasons. Parolees may apply for work authorization using Form I-765, Application for Employment Authorization, on the basis of their parole. Afghan nationals will also have the opportunity to apply for immigration benefits such as Afghan special immigrant status, lawful permanent residence, and asylum.
Additional information for Afghan parolees can be found on USCIS's website.
Afghan nationals who were paroled into the United States on or after July 30, 2021 are eligible for the following fee exemptions and streamlined processing:
Fee Exemptions
An initial Form I-765, Application for Employment Authorization;
Form I-485, Application to Register Permanent Residence or Adjust Status (if filing Form I-485 as an Afghan special immigrant) or an associated Form I-601, Application for Waiver of Grounds of Inadmissibility;
Associated biometric services.
Streamlined Processing
An initial Form I-765 for those applying for work authorization on the basis of parole (eligibility category (c)(11));
Form I-485, for applicants seeking to adjust status as an Afghan special immigrant, and any associated Form I-601; or
Form I-589, filed by certain Afghan parolees as described in Section 2502(a) of the Extending Government Funding and Delivering Emergency Assistance Act.
All Temporary Protected Status (TPS) Applicants May Now File Forms I-821 and I-765 Online
USCIS has announced that as of November 29th, 2021, all applicants eligible to file for TPS under one of the current designations may file Form I-821, Application for Temporary Protected Status, and Form I-765, Application for Employment Authorization, online. The following countries are currently designated for TPS:
Burma (Myanmar)
El Salvador
Haiti
Honduras
Nepal
Nicaragua
Somalia
South Sudan
Sudan
Syria
Venezuela
Yemen
First-time TPS applicants and TPS beneficiaries who are re-registering may apply for TPS online. Applicants can request an Employment Authorization Document (EAD) by submitting a completed Form I-765 with their Form I-821, or may submit their Form I-765 separately later. However, filing both forms together may help applicants receive their EAD more promptly.
Up-to-date information on TPS may be found on USCIS’s TPS informational page.
White House Announces Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons At Risk of Transmitting New Covid-19 Variant (Omicron)
On November 26, 2021, the White House released a proclamation describing further travel restrictions related to the most recent Covid-19 variant discovered in South Africa.
This proclamation suspends and restricts the entry into the United States of immigrants and nonimmigrants, and of other noncitizens of the United States (“noncitizens”) who were physically present within the Republic of Botswana, the Kingdom of Eswatini, the Kingdom of Lesotho, the Republic of Malawi, the Republic of Mozambique, the Republic of Namibia, the Republic of South Africa, and the Republic of Zimbabwe during the 14-day period preceding their entry or attempted entry into the United States.
Citizens and lawful permanent residents of the United States, certain family members, and other individuals who meet specified exceptions, who have been in one of the countries listed above in the past 14 days will be allowed to enter the United States. The CDC page for this proclamation can be found here.
This proclamation went into effect on November 29th, 2021.
USCIS Issues Guidance on Employment Authorization Available to Certain Nonimmigrant Dependent Spouses (H-4s, L-2s, and E-2s)
Based on the recent settlement of the class action lawsuit Shergill v. Mayorkas, USCIS issued new policy guidance on November 12th, to be effective immediately, that provides automatic extensions of employment authorization for certain H-4, E, and L nonimmigrant dependent spouses.
H-4 spouses may qualify for automatic extension of their existing employment authorization and accompanying EAD if they have properly filed an application to renew their H-4-based EAD before it expires, and they have an unexpired Form I-94 showing valid status as an H-4 nonimmigrant. If the applicant qualifies for automatic extension of their current employment authorization and EAD, the automatic extension will continue until whichever comes first:
The end date on Form I-94 showing valid H-4 status;
The approval or denial of the EAD renewal application; or
180 days from the “Card Expires” date on the face of the existing EAD.
When applicable, acceptable evidence of your automatic extension of employment authorization that may be presented to employers for Form I-9 purposes includes the following combination of documents:
Form I-94 indicating the unexpired H-4 nonimmigrant status;
Form I-797C indicating a timely-filed renewal Form I-765 was filed under (c)(26); and
The expired EAD issued under the same category, Category C26.
E and L dependent spouses will have employment authorization incident to their status. USCIS will be making changes to the I-94 for these visa holders to differentiate dependent spouses from dependent children so that the I-94 can be used to indicate employment authorization. Once that change is made, the I-94 will be acceptable as evidence of employment authorization for I-9 purposes. Until then, E and L spouses will need to use EAD cards as evidence of their employment authorization.
Visa Bulletin
Each month, the U.S. Department of State (DOS) publishes the Visa Bulletin, listing all "preference" categories and states whether or not a backlog exists for each one. In addition, the categories are folded into two charts: “Final Action” chart and a “Dates for Filing” chart for Family-Based immigration and Employment-Based immigration.
For November 2021, USCIS has indicated that for Employment-Based immigration, the “Dates for Filing” chart should be used in establishing eligibility to file the I-485 Adjustment of Status petitions. This means that those who filed an Immigrant Petition [Form I-140] on or before the date given in the Visa Bulletin may file an application for permanent resident status [Form I-485]. USCIS has also indicated that it will not accept any new employment-based fifth preference adjustment of status applications based on the Regional Center Program until that program is reauthorized.
In November, the EB-1 preference category on the Final Action Chart for all countries including China and India will be “current.” This means the I-485 applications may be filed immediately with the Form I-140. Also, any otherwise qualified national of China or India with an approved EB-1 I-140 may file the I-485 in November.
The EB-2 and EB-3 preference category remains “current” for all countries other than China and India which means that individuals in these categories may immediately file I-485 applications. China and India remain backlogged on both the Final Action and Dates for Filing Charts.
The EB-3 November filing chart for India and China retrogressed from the October visa bulletin but improved in the EB-2 category by approximately five months for both countries. The complete Visa Bulletin, including priority dates for family-based immigrant applications, can be found on the Department of State website.
If you have questions about planning, please feel free to reach out and schedule a consultation with one of the attorneys at Iandoli, Desai & Cronin (info@iandoli.com).
Office of Refugee Resettlement Fact Sheet for Cubans/Haitians Granted Parole
The Office of Refugee Resettlement (ORR) released a fact sheet detailing benefits and services available to Cuban and Haitian nationals who were granted parole into the United States, who are in removal proceedings, or who have a pending asylum application. Cuban/Haitian nationals may be eligible for cash and medical assistance, employment services, English language classes and other federal benefits such as Supplemental Security Income (SSI), food assistance, and Medicaid health insurance. The U.S. Department of Health and Human Services has published a list of documents qualifying someone as a Cuban/Haitian Entrant for the purpose of receiving benefits/services.
The ORR provides funding to state governments, resettlement agencies, and other non-profit organizations for eligible individuals. Please locate your state contact to sign up for ORR benefits/services or inquire on your eligibility for additional services.
USCIS Implements Employment Authorization for Individuals Covered by Deferred Enforced Departure for Hong Kong Residents
On October 20, 2021, U.S. Citizenship and Immigration Services (USCIS) issued a Federal Register notice with information on how to apply for employment authorization for eligible Hong Kong residents covered under the President Biden’s memorandum directing Deferred Enforced Departure (DED) through February 5, 2023.
DED for Hong Kong residents applies only to residents of Hong Kong who were a) present in the United States as of August 5, 2021; b) who have continuously resided here since that date; and c) who meet other eligibility criteria described in the president’s memorandum. For purposes of this DED policy, Hong Kong residents are individuals of any nationality, or without nationality, who have met the requirements and been issued a Hong Kong Special Administrative Region (HKSAR) passport, a British National Overseas passport, a British Overseas Citizen passport, a Hong Kong Permanent Identity Card, or an HKSAR Document of Identity for Visa Purposes.
There is no application for DED. Eligible Hong Kong residents may apply for an Employment Authorization Document by submitting a completed Form I-765, Application for Employment Authorization. Eligible Hong Kong residents covered by the president’s DED memorandum may also receive travel authorization. Individuals must file Form I-131, Application for Travel Document, for advance parole if they wish to travel based on DED.
SEVP Guidance on Use of Electronic Signatures and Transmissions for Form I-20
On November 1, 2021, the Student and Exchange Visitor Program (SEVP) published policy guidance outlining the new procedure for the use of electronic signatures and transmission of the Form I-20, “Certificate of Eligibility for Nonimmigrant Student Status.”
This guidance permits designated school officials to electronically sign and transmit the Form I-20 to initial and continuing international students and their dependents, using software programs or applications or by using electronically reproduced copies of a signature. Additionally, school officials may scan and email or electronically transmit the Form I-20 via a secure platform, such as a school portal or other secure site, to F and M students and their dependents. Designated School Officials may also choose to still sign and mail a physical Form I-20 to students.
This new SEVP policy only applies to Form I-20. Other SEVP-issued forms are not included.
DHS Issues New "Protected Area" Immigration Enforcement Guidelines that includes Colleges, Universities, and Healthcare Facilities
Secretary of Homeland Security Alejandro N. Mayorkas today issued a new, comprehensive policy to guide Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) enforcement actions in or near protected areas, replacing previous sensitive locations guidance. The first-ever policy for both ICE and CBP provides an expanded and non-exhaustive list of protected areas, including new designations such as places where children gather, disaster or emergency relief sites, and social services establishments.
The new policy, which is effective immediately, supersedes and rescinds all previous sensitive locations guidance and establishes that enforcement actions should not be taken in or near a location that would restrain people’s access to essential services or engagement in essential activities. DHS officers and agents will use their judgment to determine whether a location is a “protected area” taking into consideration the activities that take place there, the importance of those activities to the well-being of people and the communities of which they are a part, and the impact an enforcement action would have on people’s willingness to be in the protected area and receive or engage in the essential services or activities that are offered there.
Some examples of protected areas include, but are not limited to:
Schools, such as known and licensed daycares, pre-schools, and other early learning programs; primary schools; secondary schools; post-secondary schools up to and including colleges and universities; as well as scholastic or education-related activities or events
Medical treatment and healthcare facilities, including COVID-19 vaccination locations
Places of worship or religious study, such as churches, synagogues, mosques, and temples
Places where children gather such as a playground, recreation center, childcare center, before- or after-school care center, foster care facility, group home for children, or school bus stop
Social services establishments such as a crisis center, domestic violence shelter, victims services center, child advocacy center, supervised visitation center, family justice center, community-based organization, facility that serves disabled persons, homeless shelter, drug or alcohol counseling and treatment facility, or food bank or pantry or other establishment distributing food or other essentials of life to people in need
Disaster or emergency response and relief centers
Religious or civil ceremonies or observances, such as funerals and weddings
Public demonstrations, such as parades, demonstrations, or rallies