CARACEN, et al. v. Jaddou, et al. Settlement Reopens Pathway to Permanent Residence for Some TPS Recipients

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On March 21, 2022, the plaintiffs and defendants in the case CARECEN, et al. v. Jaddou, et al. entered into a stipulation of settlement and dismissal. This case challenged a policy change made in December 2019 under the Trump administration that upended a long-standing US Citizenship and Immigration Services (USCIS) practice that previously provided TPS beneficiaries in removal proceedings who had traveled abroad using advance parole a pathway to adjust their status to that of a lawful permanent resident.  

The agreement in this case reopens this pathway for certain TPS beneficiaries giving them the chance to reopen and dismiss their orders of removal and to apply to become permanent residents.  

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Extension of Validity of Certain Employment Authorization Documents Issued Under TPS for Somalia

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The U.S. Department of Homeland Security has automatically extended the validity of certain Employment Authorization Documents with a Category Code of A12 or C19 issued under TPS for Somalia through September 12, 2022.  

 

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Redesignation of TPS for South Sudan and DHS Notice of Special Student Relief for F-1 Students from South Sudan

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On March 2, 2022, the U.S. Department of Homeland Security (DHS) extended and redesignated South Sudan for TPS for 18 months. The 18-month extension and redesignation of South Sudan for TPS will be in effect from May 3, 2022, through November 3, 2023. To be eligible, individuals must have continuously resided in the United States since March 1, 2022 and meet all other TPS eligibility criteria.  

The extension of South Sudan allows currently eligible TPS South Sudan beneficiaries to re-register and retain TPS through November 3, 2023, so long as they otherwise continue to meet the TPS eligibility requirements. The redesignation of South Sudan allows additional individuals who have been continuously residing in the United States since March 1, 2022, to obtain TPS, if otherwise eligible. 

The Federal Register notice for TPS for South Sudan has been published and the link can be found below. Federal Register notices include instructions for applying for TPS and an Employment Authorization Document (EAD). 

The U.S. Department of Homeland Security (DHS) also published a notice in the Federal Register establishing Special Student Relief for F-1 students whose country of citizenship is South Sudan (regardless of country of birth) and who are experiencing severe economic hardship as a result of the humanitarian crisis in South Sudan. The rule is effective March 3, 2022, through November 3, 2023. This relief will allow eligible students to request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain their F-1 status. 

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Biden Administration Announced the U.S. Will Accept up to 100,000 Ukrainians and Other Displaced People Fleeing the War in Ukraine

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President Biden announced on March 24, 2022, that the U.S. will provide an additional $1 billion in humanitarian aid and will also accept up to 100,000 Ukrainians and other displaced people fleeing the war in Ukraine. This will be done through a combination of methods – refugee admissions, parole, and immigrant and nonimmigrant visas, with a particular focus on assisting those Ukrainians who have family members in the U.S. The U.S. also prioritize vulnerable people such as individuals with medical needs, LGBTQI people, dissidents, and journalists. 

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USCIS Policy Alert for O-1A Extraordinary Ability Category

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On March 23, 2022, U.S. Citizenship and Immigration Services (USCIS) issued a policy alert entitled “Qualifying Published Material and Scope of Leading or Critical Role in Extraordinary Ability and Outstanding Professor or Researcher Visa Classifications.” USCIS updated its guidance, effective immediately, about two evidentiary criteria related to immigrants of extraordinary ability and one relating to outstanding professors and researchers to be more closely aligned with recently issued USCIS guidance pertaining to O-1A nonimmigrants of extraordinary ability. 

The highlights were: 

  1. Establishes that in the extraordinary ability and outstanding professor categories, “published material” about the person (or the person’s work) in professional or major trade publications or other major media do not have to be a printed article. Instead, other forms of evidence such as a transcript of audio or video coverage are acceptable, as well. 

  2. Establishes that in the extraordinary ability classification, a person may satisfy the criterion of “leading or critical role” through a qualifying role for a distinguished department or division in addition to an entire organization or establishment. 

 

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Evidence of Employment Authorization for E and L Nonimmigrant Spouses

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On March 8, 2022, USCIS issued a policy alert indicating it is updating the USCIS Policy Manual to reflect the documentation that certain E and L spouses may present as evidence of employment authorization incident to their status. 

Previously, on November 12, 2021, USCIS indicated that it would consider E and L spouses to be employment authorized incident to their status. Then, as of January 30, 2022, U.S. Citizenship and Immigration Services and U.S. Customs and Border Protection (CBP) began issuing I-94 documents with the following new class of admission (COA) codes for certain E and L spouses: E-1S, E-2S, E-3S, and L-2S.  

An unexpired Form I-94 reflecting one of these new codes is now considered acceptable evidence of employment authorization for spouses under List C (#7, Employment Authorization Document issued by the Department of Homeland Security) of Form I-9. Employees who provide this as a List C document must also provide a List B identity document, as well. 

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U.S. Department of Homeland Security to End COVID-19 Policy of Acceptance of Expired List B Documents for I-9 on May 1, 2022

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The U.S. Department of Homeland Security (DHS) is ending the COVID-19 Temporary Policy for List B Identity Documents that allowed employers to accept expired List B documents. DHS adopted this temporary policy in response to the difficulties many people experienced with renewing documents during the COVID-19 pandemic. Now that document-issuing authorities have reopened and/or provided alternatives to in-person renewals, DHS will end this flexibility. Starting May 1, 2022, employers must only accept unexpired List B documents. Please also note that if an employee presented an expired List B document between May 1, 2020, and April 30, 2022, employers are required to update their Forms I-9 by July 31, 2022.  

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USCIS Completes Initial Registration Selection Process to Meet Fiscal Year 2023 H-1B Cap

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U.S. Citizenship and Immigration Services (USCIS) announced on March 29, 2022, that it had received enough electronic registrations during the initial H-1B registration period to reach the fiscal year (FY) 2023 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap). USCIS randomly selected from among the registrations properly submitted to reach the cap. All prospective petitioners with selected registrations have been notified that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the selected registration. 

Registrants’ online accounts will now show one of the following statuses for each registration (that is, for each beneficiary registered): 

  • Submitted: The registration has been submitted and is eligible for selection. If the initial selection process has been completed, this registration remains eligible, unless subsequently invalidated, for selection in any subsequent selections for the fiscal year for which it was submitted. 

  • Selected: Selected to file an H-1B cap petition. 

  • Denied: Multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary. If denied as a duplicate registration, all registrations submitted by or on behalf of the same registrant for this beneficiary for the fiscal year are invalid. 

  • Invalidated-Failed Payment: A registration was submitted but the payment method was declined, rejected, disputed, or cancelled after submission. 

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Announcement of Local Filing of Form I-130 Petitions as Option for U.S. Citizens to begin process of Sponsoring Immediate Relatives from Afghanistan, Ethiopia and Ukraine who are Fleeing Conflict

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The US Department of State has announced that a U.S. citizen who is physically present overseas with their Afghan, Ethiopian or Ukrainian immediate family members and have not yet filed an immigrant visa petition with US Citizenship and Immigration Services (USCIS), may request to locally file a Form I-130 petition at the nearest US embassy or consulate that processes immigrant visas. Such citizens must be physically present in the country where they wish to file petitions. They can request to locally file on behalf of their spouses, unmarried children under the age of 21, and parents who fled Afghanistan after August 2, 2021; Ethiopia after November 1, 2020; or Ukraine after February 1, 2022.  
 
To request local filing of an I-130, U.S. citizen petitioners can email the nearest U.S. embassy or consulate’s Immigrant Visa Unit. You can find those email addresses at each individual embassy or consulate website.  If a U.S. citizen petitioner has already filed a Form I-130 with USCIS for their immediate relative and it has not been approved yet, these petitioners may submit expedite requests with USCIS. 

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Electronic I-94 Issuance at Land Ports of Entry to Become Predominant 

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On March 18, 2022, U.S. Customs and Border Protection (CBP) issued a general notice that it will now be issuing electronic I-94s in lieu of paper I-94s at land ports of entry except in limited circumstances. 

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