USCIS Publishes New Form I-9 Guidance for Employees with E and L Nonimmigrant Status
On June 29, 2022, USCIS updated its guidelines for how E and L nonimmigrants should fill the I-9 Form.
For Dependent Spouses of E-1, E-2, or E-3 Workers
In Section 1, employees with Forms I-94 with a COA of E-1S, E-2S, or E-3S should check "An alien authorized to work" and enter the Form I-94 end date on the expiration date line in Section 1. For Section 2, the employee's Form I-94 with E-1S, E-2S, or E-3S nonimmigrant status is acceptable evidence of employment authorization as a List C #7 document. They must also present a List B identity document.
If the Form I-94 was issued before Jan. 30, 2022, and shows E-1, E-2, E-3, E-3D, or E-3R COA, the employee's Form I-94 in combination with the Form I-797A, Notice of Action, indicating that USCIS identified the individual as a dependent spouse in one of the nonimmigrant classifications (E-1, E-2, E-3, E-3D, or E-3R) whose status renders the individual employment authorized incident to status, is acceptable as a List C #7 document. USCIS sent these Forms I-797A, Notices of Action, in 2022 to dependent spouses whose Forms I-94 were issued before Jan. 30, 2022.
If the employee presents List B and C documents such as a driver's license for List B and a Form I-94 admission record combined with the Form I-797A identifying the individual as a dependent spouse whose status of E-1, E-2, E-3, E-3D, or E-3R indicates employment authorization incident status as described above, for List C, you should complete Section 2 as follows:
Enter the employee's List B document information;
Under List C, enter "Form I-94" as the document title;
Enter the Form I-94 admission number as the document number;
Enter the Form I-94 end date in the Expiration Date field; and
In the Additional Information field, enter "Form I-797A" and its receipt number.
If the employee presents, in combination, a Form I-797A described above and Form I-94 to complete Section 3, you should:
Enter "Form I-94" as the document title;
Provide the Form I-94 admission number as the document number;
Enter the Form I-94 end date in the Expiration Date field; and
In the Additional Information field, enter "Form I-797A" and its receipt number.
E nonimmigrant dependent spouses are employment authorized incident to their status. Such dependent spouses may choose to apply for a Form I-766, Employment Authorization Document (EAD) and present it as a List A document for Form I-9 completion but are not required to do so. Under certain circumstances EADs may be automatically extended. See Section 4.4 of the M-274 for more information.
For Dependent Spouses of L-1A and L-1B Workers
In Section 1, employees with Forms I-94 with COAs of L-2S should check "An alien authorized to work" and enter the Form I-94 end date on the expiration date line in Section 1. For Section 2, the employee's Form I-94 with L-2S nonimmigrant status is acceptable evidence of employment authorization as a List C #7 document. They must also present a List B identity document.
If the Form I-94 was issued before Jan. 30, 2022, and shows a COA of L-2, the employee may present the Form I-94 in combination with the Form I-797A, Notice of Action, indicating that USCIS identified the individual as an L-2 dependent spouse whose status renders the individual employment authorized incident to status, is acceptable as a List C #7 document. USCIS sent these Forms I-797A, Notices of Action, in 2022 to dependent spouses whose Forms I-94 were issued before Jan. 30, 2022.
If the employee presents List B and C documents such as a driver's license for List B and a Form I-94 combined with the Form I-797A identifying the individual as an L-2 dependent spouse whose status indicates employment authorization incident to status as described above, for List C, you should complete Section 2 as follows:
Enter the employee's List B document information;
Under List C, enter "Form I-94" as the document title;
Enter the Form I-94 number as the document number;
Enter the Form I-94 end date in the Expiration Date field; and
In the Additional Information field, enter "Form I-797A" and its receipt number.
If the employee presents, in combination, a Form I-797A described above and Form I-94 to complete Section 3, you should:
Enter "Form I-94" as the document title;
Provide the Form I-94 admission number as the document number;
Enter the Form I-94 end date in the Expiration Date field; and
In the Additional Information field, enter "Form I-797A" and its receipt number.
L nonimmigrant dependent spouses are employment authorized incident to their status. Such dependent spouses may choose to apply for a Form I-766, Employment Authorization Document (EAD) and present it as a List A document for Form I-9 completion but are not required to do so. Under certain circumstances EADs may be automatically extended. See Section 4.4 of the M-274 for more information.
Amendment to Recapture Unused Immigrant Visa Numbers Advances in House
On June 24, 2022, Representative Grace Meng (D-N.Y.) introduced this measure as an amendment to fiscal 2023 appropriations for the Department of Homeland Security. Lawmakers moved forward with a proposal that would salvage unused green cards from the past three decades and make them available to immigrants stuck in long backlogs. This would reverse travel bans created by the Trump administration, making visas available to immigrants who weren’t allowed into the country. Recovering the expired visa numbers would tender new hope to immigrants who have been stuck in decades long backlogs. There are 140,000 employment-based green cards and 226,000 green cards available each year for nonimmediate family members. About 200,000 immigrant visas went unused last year as USCIS dealt with pandemic-induced strains, bureaucratic changes imposed by the Trump administration. The majority of backlogged employment-based green card applications are for immigrants from India and China, many who are already living and working in the US.
USCIS Reissues Employment Authorization renewal receipt notices with correction
On May 04, 2022, USCIS increased the automatic extension period of employment authorization and documentation for certain renewal applicants. This rule temporarily amends existing regulations and increases the period extension from 180 days to up to 540 days from the expiration dates stated on their EADs. This increase will be available to eligible renewal applicants with pending Forms I-765 as of May 4, 2022, including those applicants whose employment authorization may have lapsed following the initial 120-day extension period, and any eligible applicants who files a renewal Form I-765 during the 540-day period beginning of or after May 4, 2022, and ending October 26, 2023. The Department of Homeland Security (DHS) is taking steps to help prevent renewal applicants from experiencing a lapse in employment authorization and/ or documentation while their applications remain pending, and solutions are implemented to return processing times to normal levels.
USCIS Transfers Certain H-1B Cases from the Vermont Service Center to California Service Center
On May 06, 2022, USCIS announced that certain H-1B petitions and fiscal year (FY) 2023 H-1B cap petitions awaiting intake at the Vermont Service Center (VSC) were being transferred to the California Service Center (CSC) for data entry and adjudication. The workload transfer will help issue receipt notices for properly filed H-1B petitions more quickly. USCIS has requested that petitioners not submit duplicate petitions as this will delay other workloads across the service center. If your petition is transferred, you will not receive a transfer notice, but you will receive a receipt notice as soon as your petition is receipted.
President Biden Extends and Expands Eligibility for Deferred Enforced Departure for Liberians
On June 20, 2022, President Biden issued a memorandum directing the secretary of Homeland Security to reinstate Deferred Enforced Departure (DED) for eligible Liberians and to provide for continued work authorization through June 30, 2022.
Liberians who are eligible and people without nationality who last habitually resided in Liberia are covered under DED as of January 10, 2021. They may remain in the United States through June 30, 2022, and USCIS will automatically extend employment authorization documents (EADs) with a March 30, 2022, or January 10, 2022, facial expiration date through June 30, 2022. A notice in the Federal Register has information on this automatic extension and instructions on how they can obtain new EADs if they so desire.
This will allow additional time for eligible Liberians to apply for adjustment of status on or before Dec. 20, 2022, under the extension of the Liberian Refugee Immigration Fairness (LRIF) provision. Liberians who apply may immediately apply for employment authorization consistent with the provision. Liberians who were denied LRIF are not covered under this DED extension.
USCIS Issues Policy Alert on the Effect of Returning to US During 3-or 10-Year period after departure or removal
On June 24, 2022, the U.S. Citizenship and Immigration Services (USCIS) issued a statement updating its policy guidance regarding a noncitizen who again seeks admission to the US more than 3 or 10 years after the relevant departure or removal, is not inadmissible under INA 212(a)(9)(B) even if the noncitizen returned to the United States, with or without authorization, during the statutory 3-year or 10-year period.
U.S. Citizenship and Immigration Services (USCIS) Rescinds Matter of Z-R-Z-C- and has Implications for TPS Holders Who Would Like to Adjust Their Status
On July 1, 2022, USCIS announced that it was rescinding its designation of the decision of the Administrative Appeals Office (AAO) in Matter of Z-R-Z-C- as an Adopted Decision and updates its interpretation of the effects of authorized travel by Temporary Protected Status (TPS) beneficiaries, in accordance with the reasoning contained in this memorandum.
TPS beneficiaries whom DHS has inspected and admitted into TPS under the Miscellaneous and Technical Immigration and Naturalization Amendments Act of 1991 (MTINA), subsequent to that inspection and admission, will have been “inspected and admitted” and are “present in the United States pursuant to a lawful admission,” including for purposes of adjustment of status under INA 245. This is true even if the TPS beneficiary was present without admission or parole when initially granted TPS.
USCIS has concluded that:
USCIS will no longer use the advance parole mechanism to authorize travel for TPS beneficiaries but will instead provide a new TPS travel authorization document. This document will serve as evidence of the prior consent for travel contemplated in INA 244(f)(3) and serve as evidence that the bearer may be inspected and admitted into TPS pursuant to MTINA if all other requirements are met.
TPS beneficiaries whom DHS has inspected and admitted into TPS under MTINA, subsequent to that inspection and admission, will have been “inspected and admitted” and are “present in the United States pursuant to a lawful admission,” including for purposes of adjustment of status under INA 245. This is true even if the TPS beneficiary was present without admission or parole when initially granted TPS.
U.S. Department of Homeland Security (DHS) Resumes Cuban Family Reunification Parole (CFRP) Program and Haitian Family Reunification Parole (HFRP) Program Operations
In line with national interest, the United States have taken a series of measures to increase support for the Cuban and Haitian people. Both countries are confronting a humanitarian crisis and the U.S. is amplifying pathways that offer migrants safe and orderly alternatives to irregular migration and numerous dangers and indignities.
The policy announcement indicates that resuming the Cuban Family Reunification Program (CFRP) provides a safe, orderly pathway to the United States for certain beneficiaries and approved family-based immigrant petitions. The CFRP program allows certain eligible U.S. citizens and lawful permanent residents (LPRs) to apply for parole for their family member in Cuba. If approved for parole, they may come to the U.S. before their immigrant visa priority dates become current. The CFRP Program beneficiaries may apply for work authorization while they wait to apply for lawful permanent resident status, once in the U.S. The program is set to continue at some point this summer, beginning by contacting petitioners who have a pending CFRP application, beneficiaries must complete processing and attend an interview.
The Haitian Family Reunification Parole (HFRP) Program will resume, as announced by DHS as well. The program enables family members who are approved for parole to come to the U.S. before their immigrant visa priority dates becomes current. Once in the country, beneficiaries may apply for work authorization while they wait for lawful permanent resident status. Resumption of operations will continue this fall, beginning with mailing new invitations to petitioners who appear eligible to apply for HFRP on behalf of their family members.
U.S. Customs and Border Protection (CBP) Announces Upcoming End to Use of Expired US Passports for Return to the US
On June 30, 2022, the U.S. CBP announced the end of a policy that previously allowed U.S. Citizens to reenter the United States from abroad with an expired passport. Due to the global pandemic, there was an extensive waiting period to renew a U.S. passport from abroad, and the limited availability of appointments at U.S. embassies and consulates made it difficult for people to receive any type of assurance to return home. In response, on May of 2021, the State Department decided to temporarily allow stranded U.S. citizens to return with an expired passport, provided their passports expired on or after January 1, 2020. A CBP press release dated June 29, 2022, advises U.S. citizens to contact their nearest U.S. embassy or consulate to apply for a renewal, stating that if a U.S. citizen presents an expired passport they will be unable to board the flight.
CDC lifts requirement for travelers to have negative COVID test before flight to the US
On June 10, 2022, The Centers for Disease Control and Prevention (CDC) reversed the mandate entitled “Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery from COVID-19 for All Airline or Other Aircraft Passengers Arriving in the United States from any Foreign Country.” As of June 12, all air passengers, regardless of citizenship or vaccination status, are no longer required to show a negative viral COVID-19 test result, or documentation of recovery from COVID-19.