Shipment of Migrants to Martha’s Vineyard and Other Locations

On September 14, 2022, a group of approximately 50 Venezuelan migrants were flown from San Antonio, Texas, to Martha’s Vineyard. These migrants were lured onto planes with promises of shelter and jobs. However, these promises made to get them to board the flights were untrue. No one on Martha’s Vineyard had been advised of their arrival or was prepared for it. This surprise was the goal of the Governor DeSantis of Florida who engineered the transport of the migrants and funded it through the Florida state legislature.

Most of the migrants arrived in the U.S. to seek asylum due to economic deterioration, societal unrest, a collapsed health system and shortages of essential resources such as water, fuel and medicine in Venezuela. Seeking asylum via crossing the border is a legal process and to then be misled and used as political pawns by the very government they were seeking assistance from is unconscionable.

Since their arrival, the firm Lawyers for Civil Rights, along with Alianza Americas, filed a federal class action lawsuit on behalf of the migrants and all similarly situated people who have been fraudulently convinced to cross state lines by Governor DeSantis and the State of Florida.

Links:

• https://www.nytimes.com/2022/09/16/us/politics/migrants-marthas-vineyard.html

• https://www.npr.org/2022/09/20/1124160949/migrants-lawsuit-ron-desantis-marthas-vineyard

DHS Notice of Extension and Redesignation of Burma (Myanmar) for TPS

On September 26, 2022, the U.S. Department of Homeland Security (DHS) announced an extension of Temporary Protected Status (TPS) for Burma for an additional 18 months. This extension period will run from November 26, 2022, through May 25, 2024.

DHS also announced a redesignation of Burma for TPS, allowing Burmese nationals (or individuals who last habitually resided in Burma) who were present in the U.S. as of September 25, 2022, to be eligible for TPS, as well.

Current beneficiaries re-registering under the extension of TPS for Burma must re-register in a timely manner during the 60-day re-registration period from September 27, 2022, through November 26, 2022, to ensure they keep their TPS and work authorization without a gap. DHS is also automatically extending through November 25, 2023, the validity of EADs previously issued under the TPS designation of Burma.

U.S. Citizenship and Immigration Services will continue to process pending applications filed under Burma’s initial TPS designation. Individuals with a pending Form I-821, Application for Temporary Protected Status, or a related Form I-765, Application for Employment Authorization, do not need to file either application again. If USCIS approves a Form I-821 or Form I-765 filed under the initial designation of TPS for Burma, USCIS will grant the individual TPS through May 25, 2024, and issue an EAD valid through May 25, 2024.

Initial, first-time applicants for TPS under the redesignation of Burma must submit Form I-821, Application for Temporary Protected Status, during the initial registration period that runs from September 27, 2022, through May 25, 2024. Burma TPS applicants may file Form I-821 online. When filing a TPS application, applicants can also request an EAD by submitting a completed Form I-765, Application for Employment Authorization, with their Form I-821, or separately at a later date. Applicants may also submit Form I-765 online.

Links:

• TPS Extension and Redesignation Announcement for Burma

• Federal Register

DHS Announces Re-Registration Process for Current Venezuelan TPS Holders

On September 8, 2022, the U.S. Department of Homeland Security (DHS) posted a Federal Register notice with information about how beneficiaries under Venezuela’s existing Temporary Protected Status (TPS) designation can re-register to retain TPS and renew their Employment Authorization Documents (EADs). DHS had previously announced the 18-month extension of Venezuelan TPS.

Only beneficiaries of the initial designation of Venezuela for TPS who were already residing in the United States in March 2021 are eligible to re-register for TPS and apply to renew their EADs, if they otherwise continue to meet eligibility requirements. Individuals re-registering must do so during the 60-day re-registration period from September 8, 2022 to November 7, 2022. Venezuelans who arrived in the United States after March 8, 2021, are not eligible for TPS. The Federal Register notice automatically extends the validity of EADs previously issued under the TPS designation of Venezuela through Sept. 9, 2023.

USCIS will also continue to process pending applications filed under Venezuela’s initial TPS designation. Individuals with a pending Form I-821, Application for Temporary Protected Status, or a related Form I-765, Application for Employment Authorization, do not need to file either application again. If USCIS approves a Form I-821 or Form I-765 filed under the initial designation of TPS for Venezuela, USCIS will grant the individual TPS through March 10, 2024, and issue a new EAD valid through March 10, 2024.

Links:

• TPS Extension Announcement for Venezuela

• Federal Register Notice

Sarah Peterson, American Immigration Lawyers Association (AILA) Member, Testifies at Congressional Hearing on How Immigrants Strengthen the Health Care Workforce

On Wednesday, September 14, 2022, the Senate Subcommittee on Immigration, Citizenship, and Border Safety held a hearing about the U.S. shortage of physicians, the important role international physicians and nurses play providing health care access to rural/underserved areas, and how Congress can address these issues. Immigration attorney and American Immigration Lawyers Association (AILA) Member Sarah Peterson testified at the hearing. To watch a recording of the hearing or to read Sarah’s testimony, click on the link below.

Click here to read more.

DHS Notice of Special Student Relief for Burma

On September 26, 2022, the U.S. Department of Homeland Security (DHS) posted a notice in the Federal Register providing Special Student Relief (SSR) employment benefits for F-1 students from Burma experiencing severe economic hardship as a direct result of the crisis in Burma. The notice extends relief from September 27, 2022, to May 25, 2024, for eligible Burmese students.

Click here for more.

DHS Announces Special Student Relief for Venezuelans

On September 7, 2022, the U.S. Department of Homeland Security (DHS) posted a notice in the Federal Register providing Special Student Relief (SSR) employment benefits for F-1 student from Venezuela who are experiencing severe economic hardship as a result of the humanitarian crisis in Venezuela.

SSR is the suspension of certain regulatory requirements by DHS for F-1 students from parts of the world that are experiencing emergent circumstances. Regulatory requirements that may be suspended or altered for an F-1 student include duration of status, full course of study and off-campus employment eligibility.

The notice extends relief from September 10, 2022, to March 10, 2024 for eligible Venezuelan students who were in lawful F-1 status on April 22, 2021, and are currently maintaining F-1 status.

Click here to read more.

Publication in Social Security Administration Program Operations Manual System (POMS) Regarding Policy Related to Employment Authorization for Non-immigrants

On June 2, 2022, the Social Security Administration (SSA) published “RM 10211.420 Employment Authorization for Non-immigrants” which outlines the SSA’s policies in the following scenarios:

A. Policy For Non-Immigrant Employment Authorization

B. Evidence Proving A Non-Immigrant's Employment Authorization

C. Validity Period

D. Automatic EAD Extension

E. Non-Immigrants With Automatic EAD Extensions

F. Procedure When An SSN Applicant Submits An EAD Based On An Automatic EAD Extension

G. Policy For Employment Authorization By Class Of Admission (COA)

To view the full published text, click on the link below.

Link: https://secure.ssa.gov/poms.nsf/lnx/0110211420

$7.2 million Award Given to DOL’s OFLC to Modernize Permanent Labor Certification Program

The Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) announced in August that they had been awarded $7.2 million from the Technology Modernization Fund (TMF). This large investment will improve DOL’s permanent labor certification services, helping to increase efficiency, improve customer experience and address fraud and security risks.

Click here.

USCIS Updates Guidance on Religious Workers

USCIS issued updated guidance in the USCIS policy manual to provide clarify the special immigrant religious worker filing process, verification of evidence and the site-inspection process. Additionally, for both special immigrant and R-1 nonimmigrant religious worker petitions, this update clarifies when certain petitioners may satisfy the compensation requirements even if they will not be directly compensating the religious worker.

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USCIS Begins Next Phase of Premium Processing for EB-1 and EB-2 Petitions

On September 15, 2022, USCIS began implementing the next phase of its expansion of the premium processing service for certain petitioners who have a pending Form I-140, Immigrant Petition for Alien Workers, in the EB-1 and EB-2 categories.

This third phase only applies to certain previously filed Form I-140 petitions under the following classifications: E13 multinational executive and manager classification or E21 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW).

Petitioners who wish to request a premium processing upgrade must file Form I-907, Request for Premium Processing Service.

Beginning September 15, 2022, USCIS will accept Form I-907 requests for:

• E13 multinational executive and manager petitions received on or before January 1, 2022; and

• E21 NIW petitions received on or before February 1, 2022.

USCIS will reject premium processing requests for these Form I-140 classifications if the receipt date is after these dates. USCIS will have 45 days to take an adjudicative action on cases that request premium processing for these newly included Form I-140 classifications. USCIS is not accepting new (initial) Forms I-140 with premium processing requests at this time.

Click here.