Based on April Visa Bulletin Date for Filing for India, USCIS Urges Eligible Individuals to Consider Applying for Adjustment of Status in the EB-2 Category
On March 17, 2022, USCIS announced that in the April 2022 Visa Bulletin, the Department of State advanced the Date of Filing applications for an immigrant visa or adjustment of status application in the EB-2 category for India from September 1, 2013, to September 1, 2014. USCIS highlighted this and suggested that if an individual has an approved EB-2 immigrant visa petition that is chargeable to India and a priority date prior to September 1, 2014, those individuals should consider applying for adjustment of status in April.
Link:
USCIS Announcement: https://www.uscis.gov/newsroom/alerts/uscis-urges-eligible-individuals-to-consider-applying-for-adjustment-of-status-in-the-eb-2-category
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).
The US Department of State Highlights High Number Use in Employment Third Preference Category May Require the Establishment of a Worldwide Final Action Date as Early as June
Due to high number use in the Employment Third Preference “Other Workers” (EW) category, the Department of State may need to establish a worldwide final action date as early as June to hold number use within the maximum allowed under the Fiscal Year 2022 annual limit.
Link:
Department of State April 2022 Visa Bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2022/visa-bulletin-for-april-2022.html
USCIS has Extended Flexibility for Responding to Agency Requests Through July 25, 2022
USCIS has extended until July 25, 2022, the COVID-19 flexibilities it established for responses to Requests for Evidence (RFEs) and other similar response-based notices and requests and filing date requirements for filing Form I-290B, Notice of Appeal or Motion.
Link:
USCIS announcement: USCIS Extends Flexibility for Responding to Agency Requests
USCIS Taking Steps to Reduce Backlog, Including Allowing Premium Processing in More Types of Cases
Due to the COVID-19 pandemic and resource constraints resulting from the previous administration, USCIS inherited a significant number of pending cases and increased processing times. To address these issues, on March 29, 2022, U.S. Citizenship and Immigration Services (USCIS) announced several efforts they will be implementing to increase efficiency and reduce caseloads and processing times. These efforts will include setting new agency-wide backlog reduction goals, expanding premium processing to additional form types, and working to improve timely access to employment authorization documents. Following this announcement, on March 30, 2022, USCIS published the final rule “Implementation of the Emergency Stopgap USCIS Stabilization Act.” The highlights of the final rule include:
Sets the premium processing fee schedule at:
$2,500 for most EB petitions including H-1B and O (this is what the current PP fee is)
$1,750 for change of status to F, M, or J and change of status to E, H, L, O, P, or R dependent
$1,500 for I-765 EAD application
Sets premium processing timeframes at (business days):
15 days for most apps and petitions including I-129s and I-140s
30 days for COS to F, J, M, or to E, H, L, O, P, or R dependent
30 days for I-765 EAD applications
The expanded premium processing has not yet been implemented by USCIS, however. Iandoli Desai and Cronin is monitoring and will provide updates when such expanded options are available.
Links:
USCIS final rule: Implementation of the Emergency Stopgap USCIS Stabilization Act
CARACEN, et al. v. Jaddou, et al. Settlement Reopens Pathway to Permanent Residence for Some TPS Recipients
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.
Links:
CARACEN Settlement: https://democracyforward.org/wp-content/uploads/2022/03/CARECEN-DE-68-Settlement.pdf
December 2019 USCIS Policy Change: https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20191220-TPSTravel.pdf
Extension of Validity of Certain Employment Authorization Documents Issued Under TPS for Somalia
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.
Links:
Redesignation of TPS for South Sudan and DHS Notice of Special Student Relief for F-1 Students from South Sudan
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.
Links:
USCIS Press Release: https://www.uscis.gov/newsroom/news-releases/secretary-mayorkas-designates-sudan-and-extends-and-redesignates-south-sudan-for-temporary-protected
Federal Register Notice for TPS for South Sudan: https://www.federalregister.gov/documents/2022/03/03/2022-04573/extension-and-redesignation-of-south-sudan-for-temporary-protected-status
Federal Register Notice for Special Student Relief for F-1 Students from South Sudan: https://www.federalregister.gov/documents/2022/03/03/2022-04570/employment-authorization-for-south-sudanese-f-1-nonimmigrant-students-experiencing-severe-economic
Biden Administration Announced the U.S. Will Accept up to 100,000 Ukrainians and Other Displaced People Fleeing the War in Ukraine
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.
Links:
USCIS Policy Alert for O-1A Extraordinary Ability Category
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:
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.
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.
Link:
USCIS Policy Alert: https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20220323-ExtraordinaryAbility.pdf
Evidence of Employment Authorization for E and L Nonimmigrant Spouses
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.
Links:
USCIS Announcement: https://www.uscis.gov/i-9-central/covid-19-form-i-9-related-news/documentation-of-employment-authorization-for-certain-e-and-l-nonimmigrant-dependent-spouses
USCIS March 8, 2022 Policy Alert: https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20220318-EmploymentAuthorization.pdf