DHS Modernizes Cuban and Haitian Family Reunification Parole Processes

On August 10, 2023, the Department of Homeland Security (DHS) published two Federal Register notices that will update and modernize the Cuban and Haitian family reunification parole (FRP) processes. Petitioners will now be able to complete most of the FRP process on a secure online platform, eliminating the burden of travel, time, and paperwork and increasing access to participation. Despite these changes, the process is still only available by invitation.

As of August 11, 2023, most steps of the updated processes will be completed online, apart from the panel physician exam overseas and the in-person parole determination at arrival by air at a U.S. Port of Entry. Eligible beneficiaries must be outside the United States, but are no longer required to be physically present in Cuba or Haiti.

The process for both Cuba and Haiti require the National Visa Center to issue an invitation to the U.S. citizen or lawful permanent resident petitioner who has filed a I-130 Immigrant Visa Petition for a Coban or Haitian family member that has been approved.  Upon receiving this invitation from the NVC, the I-130 petitioner can file Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, on behalf of the Cuban or Haitian beneficiary and any derivative spouse and children.

USCIS will send a letter to CFRP petitioners who have a pending Form I-131, Application for Travel Document, filed for a principal beneficiary who is waiting for an interview in Havana. Additionally, DHS is opening the process to all Haitian approved principal beneficiaries, regardless of when USCIS approved the Form I-130.  

The Federal Register notices for Cuba and Haiti provide more detailed information on the application process and criteria.

DHS Issues Guidance for Stateless Noncitizens in the United States

On August 1, 2023, the Department of Homeland Security (DHS) issued new guidance to assist stateless noncitizens in the United States who wish to obtain immigration benefits or have submitted other requests to USCIS. Stateless individuals are individuals “who are not legally considered a citizen of any country, and therefore may be denied legal identity, and struggle to access education, healthcare, marriage, and job opportunities. Individuals can be born stateless or become stateless because of discrimination, war and conflict, or changing borders and laws.” DHS’s new guidance clarifies when and how USCIS may consider a noncitizen stateless for the purpose of adjudicating immigration benefits or other requests.

Pursuant to this guidance, USCIS will create and implement new procedures to assist USCIS officers when assessing an applicant or beneficiary’s potential statelessness.  Updates will include changes to existing training documents on statelessness, the development of new training procedures for officers, and standard operating procedures for officers when making requests for an internal assessment of potential statelessness where it may be relevant. USCIS personnel with specialized training will provide adjudicating officers with an advisory report clarifying how the officer might consider an individual's statelessness in making decisions about an individual's application or benefit request. This new guidance also provides examples of documentation or evidence that may guide or aid USCIS officers when determining whether noncitizens may be considered stateless for immigration application purposes.

Department of Labor Updates to Frequently Asked Questions for Employers Ending COVID-19 Policies on Notices of Worksite Changes for H-1B and E-3 Workers

As of August 24, the Office of Foreign Labor Certification of the U.S. Department of Labor (DOL) has ended a 30-day grace period, instituted during the COVID-19 National Emergency, for employers to comply with Labor Condition Application (LCA) amendments and mandatory postings required by worksite changes for H-1B or E-3 workers.  Such amendments and postings must be in place at the time of the worksite change, even for employees who will work from home.  Employers and foreign national workers who hold H-1B or E-3 nonimmigrant classification must comply with the posting requirements to ensure that LCAs are amended, and mandatory postings are in place, before a foreign worker starts work at a location that was not identified in the employer's approved LCA.

The COVID-19 FAQs and published updates to its Frequently Asked Questions (FAQs) for the H-1B, H-1B1, and E-3 Programs regarding Labor Condition Application (LCA/ ETA Form 9035/9035 may be viewed here:  Round 4 of the FAQs for the H-1B, H-1B1, and E-3 Programs

All Department of Labor updates can be viewed on the announcement page here. 

Reminder: U.S. Citizenship and Immigration Services has Published Revised Form I-9

USCIS published a revised version of Form I-9, Employment Eligibility Verification on August 1, 2023. Among the improvements to the form is a checkbox E-Verify employers can use to indicate remote examination of identity and employment authorization documents. Employers who were participating in E-Verify and created a case for employees whose documents were examined during COVID-19 flexibilities (March 20, 2020, to July 31, 2023), may choose to use the new alternative procedure starting on August 1, 2023, to satisfy the physical document examination requirement by August 30, 2023. Employers who were not enrolled in E-Verify during the COVID-19 flexibilities were required to complete an in-person examination by August 30, 2023. Employers can use the current Form I-9 (edition date 10/21/19) through October 31, 2023.

Temporary Protected Status (TPS) Applicants Granted Nationwide Class Certification in Action Demanding USCIS Honor Their Right to Work

On August 25, 2023, the Western District Court of Washington granted class certification to a nationwide class consisting of “all individuals who have submitted or will submit an initial application establishing prima facie eligibility” for TPS “who have not received a final decision on the TPS application, and who have not been issued employment authorization documentation incident to their pending TPS application.” Under federal law, USCIS is required to grant eligible TPS applicants work authorization while their TPS applications are pending. However, USCIS does not issue temporary work permits upon receipt of TPS applications, but instead waits until the applications are ready for full merits adjudications before reviewing or granting work authorization. Many applicants for TPS wait for close to a year or longer before their applications are approved.   Due to the ongoing delay, several TPS applicants filed suit against USCIS on March 9, 2023 to require USCIS to issue their work authorization documents based on their pending TPS applications and USCIS’s obligations under the federal law.  Class members who fall under the nationwide certification need not do anything to participate in the current litigation.

The class certification order can be found here. The motion to dismiss order can be found here. The complaint can be viewed here.

USCIS Launches Online Appointment Request Form

On August 21, 2023, USCIS launched a new online form for individuals, attorneys, and accredited representatives to request an in-person appointment at their local field office without having to call the USCIS Contact Center.

With this online form, an individual or their attorney or accredited representative may request an in-person appointment at a field office for:

• ADIT stamps (or, I-551 Stamp—evidence of U.S. permanent residence)

• Emergency Advance Parole

• Immigration Judge Grants, and more

USCIS notes that this is a tool for making requests and not a self-scheduling tool. Individuals cannot schedule their own appointments with USCIS. The USCIS Contact Center will review submitted request forms and the availability of in-person appointments at a specific field office. Individuals may request a specific date and time for an in-person appointment, but USCIS cannot guarantee that the requested appointment date will be scheduled. USCIS will confirm and schedule the individual for an available in-person appointment date and time. The USCIS Contact Center may need to contact an individual either by phone or email depending on the appointment reason and urgency, using the reference number provided to them at the time the request was submitted.

Individuals and representatives may go to my.uscis.gov/appointment for more information on the online appointment request form.

USCIS Updates Policy Guidance for the “Sought to Acquire” Requirement Under the Child Status Protection Act

On August 24, 2023, USCIS announced that it has updated its Policy Manual to clarify how the extraordinary circumstances exception will be applied to the “sought to acquire” requirement under the Child Status Protection Act (CSPA) to reflect the February 14, 2023 policy change.

The CSPA protects certain beneficiaries from losing their eligibility for immigrant visas and adjustment of status because they “age out” by turning 21 years of age during the immigration process and no longer qualify as a child for immigration purposes. To benefit from the CSPA, noncitizens must seek to acquire lawful permanent resident status within 1 year of when an immigrant visa becomes available. On February 14, 2023, USCIS issued policy guidance updating when an immigrant visa becomes available for the purpose of calculating an applicant’s CSPA age.

This change to the USCIS Policy Manual:

• Explains that USCIS considers the policy change to reflect an extraordinary circumstance that may excuse an applicant’s failure to meet the sought to acquire requirement;

• Clarifies that USCIS may excuse an applicant’s failure to meet the sought to acquire requirement if they did not apply to adjust their status because they could not calculate their CSPA age under the prior policy or their CSPA age would have been calculated as over 21, but they are now eligible for CSPA age-out protection under the new policy; and

• Clarifies that USCIS consider applicants to have met the sought to acquire requirement if their application to adjust their status was pending on Feb. 14, 2023 and they applied to adjust their status within 1 year of a visa becoming available based on the Final Action Dates chart under the policy guidance that was in effect when they applied.

  Under the policy guidance in effect before February 14, 2023, some noncitizens may not have applied to adjust their status because a visa was not available to calculate CSPA age under the prior policy, or the noncitizen’s CSPA age would have been calculated to be over 21 years old. If these noncitizens apply to adjust their status under the new policy issued on February 14, 2023, they may not be able to meet the 1-year sought to acquire requirement. However, noncitizens who do not meet this requirement may still benefit from the CSPA if they can establish that their failure to meet the requirement was the result of extraordinary circumstances.

USCIS Updates Voter Registration Guidance for Naturalization Ceremonies

On August 25, 2023, USCIS announced an update to its Policy Manual to provide clarification on voter registration access at administrative naturalization ceremonies.

The updated guidance:

• Affirms that USCIS provides access to voter registration services at each administrative naturalization ceremony, including information regarding points-of-contact for voting and voter registration;

• Provides that USCIS offices request that election officials from state or local government election offices attend ceremonies to distribute, collect, and review voter registration applications, and to officially register new citizens to vote;

• Affirms that USCIS offices coordinate with non-partisan, non-governmental organizations for voter registration services when state and local government election officials are not available; and

• Provides that, to the extent feasible, USCIS offices invite governmental or non-governmental organizations offering on-site voter registration services the opportunity to introduce themselves and address the naturalization candidates before the ceremony.

USCIS has also published Form N-401, Voter Registration Services Attestation, for non-governmental agencies to submit a one-time request for field offices to participate in administrative naturalization ceremonies.

Welcome Jennifer Ramirez!

Iandoli, Desai & Cronin are pleased to announce that Jennifer Ramirez has joined our firm as a paralegal. Jennifer has extensive experience working in immigration law and we are happy to have her join our team.

Attorney Anthony Pawelski’s article on the positive economic impact of immigrants in New England

Iandoli, Desai & Cronin would like to share Attorney Anthony Pawelski’s article on the positive economic impact of immigrants in New England, which was featured by the American Immigration Lawyers Association (AILA). Attorney Pawelski provides immigration services to clinicians, researchers, and professional staff at Mass General Brigham.