U.S. Citizenship and Immigration Services to Resume Adjudication of H-4, H-4 EAD, and L-2 Applications with Form I-129

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In a major settlement agreement in Edakunni v. Mayorkas, U.S. Citizenship and Immigration Services (USCIS) agreed to resume processing H-4, H-4 EAD, and L-2 applications in conjunction with Form I-129, Petition for a Nonimmigrant Worker. These applications are filed to extend the status and/or work authorization of certain foreign workers’ dependents. Previously, these applications were approved in tandem with the primary worker’s Form I-129 petition. The institution of the biometrics requirement in 2019 and the COVID-19 pandemic created significant delays in the adjudication of dependents’ applicants. More than 100 plaintiffs sued the Department of Homeland Security and a settlement agreement was reached on January 20, 2023 to avoid further litigation. Effective January 25, 2023 and for the next two years, USCIS will concurrently adjudicate Form I-539 and Form I-765 concurrently with Form I-129 for H and L dependent family members. Please note that L-2 spouses will continue to receive L-2S on their I-94 records upon entry to the United States to permit work authorization and do not need to file Form I-765.

Department of Homeland Security Announces New Parole Program for Cuba, Haiti, Venezuela, and Nicaragua

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On January 5, 2023, the Department of Homeland Security announced a new parole program for individuals in Cuba, Haiti, Nicaragua, and Venezuela to safely and legally travel to the United States. Individuals in the designated countries must have U.S.-based financial support and undergo a security screening before traveling to the United States. U.S.-based individuals must file Form I-134A, Online Request to be a Supporter and Declaration of Financial Support on the USCIS website to initiate the process. USCIS has created a resource page for additional information on program eligibility and requirements.

This program is free to use and does not require the U.S.-based supporter or the foreign national to pay the government a fee. Please be cautious of recent scams sent via email, text and messaging apps, and social media promising U.S.-based sponsorship for a fee.

Asylum Applicants Can Now File Form I-765 Online

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U.S. Citizenship and Immigration Services (USCIS) announced on January 23, 2023 that applicants with pending asylum applications under category (c)(8) (“Asylum application under ABC Agreement”) may file Form I-765 online to apply for an Employment Authorization Document (EAD) 150 days after filing the asylum application.

Department of Homeland Security Announces Registration Process for Temporary Protected Status of Haiti

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The Department of Homeland Security (DHS) posted a Federal Register notice on Temporary Protected Status (TPS) for Haiti on January 25, 2023. The notice provides information about how to register or re-register for Temporary Protected Status (TPS) under Haiti’s extension and redesignation for an additional 18 months, from February 4, 2023, through August 3, 2024. DHS stated that current TPS beneficiaries seeking extensions must re-register during the 60-day re-registration period from January 26, 2023, through March 27, 2023, to ensure they keep their TPS and employment authorization without a gap.

U.S. Citizenship and Immigration Services Extends COVID-19 Flexibilities to March 23, 2023

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U.S. Citizenship and Immigration Services is extending certain COVID-19-related flexibilities through March 23, 2023. Under these flexibilities, USCIS considers a response received within 60 calendar days after the due date set forth in the following requests or notices before taking any action, if the request or notice was issued between March 1, 2020, and March 23, 2023, inclusive:

  • Requests for Evidence;

  • Continuations to Request Evidence (N-14);

  • Notices of Intent to Deny;

  • Notices of Intent to Revoke;

  • Notices of Intent to Rescind;

  • Notices of Intent to Terminate regional centers;

  • Notices of Intent to Withdraw Temporary Protected Status; and

  • Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion, or a Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:

  • The form was filed up to 90 calendar days from the issuance of a USCIS decision; and

  • USCIS made that decision between November 1, 2021, and March 23, 2023, inclusive.

USCIS anticipates that, barring changes presented by the pandemic, this will be the final extension of these accommodations, and requesters must comply with the response requirements set forth in any request or notice dated after March 23, 2023.

U.S. Citizenship and Immigration Services Extends Green Card Validity for Permanent Residents with Pending Form I-751 or Form I-829 Petitions

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USCIS is extending the validity of Green Cards for individuals who properly file Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status for 48 months beyond the card’s expiration date. USCIS has updated the language on Form I-751 and Form I-829 receipt notices to extend the validity of a Green Card for 48 months for individuals with a newly filed Form I-751 or Form I-829 and is issuing new receipt notices to those with pending petitions. The receipt notice, in conjunction with the expired Green Card, will be considered evidence of continued status, work authorization, and international travel.

FY 2024 H-1B Cap Registration Opens on March 1st

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USCIS announced on January 27, 2023, that the H-1B initial cap registration period will open at 12pm EST on March 1, 2023 and run through 12pm EST March 17, 2023. Prospective employers and their representatives will be able to submit registrations for foreign workers using their myUSCIS online account. The nonrefundable registration fee is $10.

Please contact Iandoli, Desai, & Cronin (info@iandoli.com) as soon as possible if you would like to register a foreign worker in this year’s H-1B lottery.

January 2023 Visa Bulletin

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Each month, the U.S. Department of State (DOS) publishes the Visa Bulletin, listing all "preference" categories and states whether 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 January 2023, 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].

In January, the EB-1 preference category on the Final Action Chart for all countries other than China and India is “current.” This means the I-485 applications may be filed immediately with the Form I-140. However, applicants from China and India are subject to the final action date of February 1, 2022, and the application filing date of June 1, 2022.

The EB-2 preference category has retrogressed for all countries (including China and India) which means that individuals in these categories will not be able to file I-485 applications unless they have a “current” priority date.  The priority date for all countries except India and China in the EB-2 preference category is November 1, 2022.  All otherwise qualified individuals with a priority date before November 1, 2022 may file their I-485 applications.

The EB-3 preference category is also “current” for all countries other than China and India, which remain backlogged on both the Final Action and Dates for Filing Charts.

The Visa Bulletin states the following regarding the Employment Fourth Preference Certain Religious Workers (SR) category:

“The continuing resolution signed on December 16, 2022 extended the Employment Fourth Preference Certain Religious Workers (SR) category until December 23, 2022.  No SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight December 22, 2022.  Visas issued prior to that date will be valid only until December 22, 2022, and all individuals seeking admission in the non-minister special immigrant category must be admitted (repeat admitted) into the United States no later than midnight December 22, 2022. 

The final action date for this category has been listed as “Unavailable” for January. If there is legislative action extending this category, it would immediately become available, subject to the same final action dates as the other Employment Fourth Preference categories per applicable foreign state of chargeability.”

The complete Visa Bulletin, including priority dates for family-based immigrant applications, can be found on the Department of State website: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-january-2023.html. 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).

Secretary Mayorkas Extends and Redesignates Temporary Protected Status for Yemen

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On December 30, 2022, the Department of Homeland Security (DHS) announced an extension of Temporary Protected Status (TPS) for Yemen for 18 months, from March 4, 2023, through September 3, 2024, due to ongoing armed conflict and extraordinary and temporary conditions that prevent Yemeni nationals from safely returning to their country. In addition, DHS announced a redesignation of Yemen for TPS for the same reasons, allowing Yemeni nationals (and individuals having no nationality who last habitually resided in Yemen) residing in the United States as of December 29, 2022, to be eligible for TPS.

Current beneficiaries re-registering under the extension of TPS for Yemen must re-register in a timely manner during the 60-day re-registration period from January 3, 2023, through March 4, 2023, to ensure they keep their TPS and work authorization without a gap. DHS recognizes that not all re-registrants may receive a new Employment Authorization Document (EAD) before their current EAD expires on March 3, 2023, and is automatically extending through March 3, 2024, the validity of certain EADs previously issued under the TPS designation of Yemen.

U.S. Citizenship and Immigration Services (USCIS) will continue to process pending applications filed under Yemen’s previous 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 pending Form I-821 or Form I-765 filed under the previous designation of TPS for Yemen, USCIS will grant the individual TPS through September 3, 2024, and issue an EAD valid through the same date.  

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DHS Announces Special Student Relief Employment Benefits for F-1 International Students from Yemen

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On December 30, 2022, the U.S. Department of Homeland Security (DHS) posted a notice in the Federal Register that provides Special Student Relief (SSR) employment benefits for F-1 nonimmigrant students from Yemen experiencing severe economic hardship as a direct result of the current crisis in Yemen. This notice extends relief from March 4, 2023, to September 3, 2024, for eligible Yemeni students.

SSR is the suspension of certain regulatory requirements by the secretary of the U.S. Department of Homeland Security (DHS) for an F1 student 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.

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