DHS Announces Extension and Redesignation of TPS for Venezuela and Afghanistan
Secretary of Homeland Security Alejandro N. Mayorkas announced on September 20, 2023 the extension and redesignation of Venezuela for TPS for 18 months due to extraordinary and temporary conditions in Venezuela that prevent individuals from safely returning.
Redesignation allows additional eligible Venezuelan nationals who arrived in the U.S. on or before July 31, 2023 to apply for TPS and Employment Authorization Documents.
Venezuelan nationals who entered after July 31, 2023 are not eligible for TPS. Those who do not enter the U.S. via lawful pathways will be subject to enforcement consequences.
Under the new redesignation of Venezuela (Venezuela 2023), eligible individuals who do not have TPS may submit an initial Form I-821, Application for Temporary Protected Status, during the initial registration period that runs from October 3, 2023 through April 2, 2025. Applicants can apply for a TPS-related EAD by submitting a completed Form I-765, Application for Employment Authorization, with their Form I-821, or separately later. Applicants may also submit Form I-765 online.
The extension of TPS for Venezuelans who are already registered (Venezuela 2021) runs from March 11, 2024 through September 10, 2025 and allows approximately 243,000 current beneficiaries to retain TPS through September 10, 2025, if they re-register and continue to meet TPS eligibility requirements. Re-registration is limited to beneficiaries of TPS under Venezuela 2021. Current beneficiaries under TPS for Venezuela must re-register in a timely manner during the 60-day re-registration period from January 10, 2024, through March 10, 2024, to ensure they keep their TPS and work authorization. DHS recognizes that not all re-registrants may receive a new EAD before their current EAD expires and is automatically extending through March 10, 2025, the validity of certain EADs previously issued under Venezuela 2021.
Please see the Federal Register notice that fully explains the eligibility criteria, timelines, and procedures necessary for current beneficiaries to re-register and renew EADs under Venezuela 2021, and for new applicants to submit an initial application under the redesignation and apply for an EAD under Venezuela 2023."
Extension and Redesignation of Afghanistan for Temporary Protected Status (published in the Federal Register on 9/25/2023) - Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is extending the designation of Afghanistan for Temporary Protected Status (TPS) for 18 months, beginning on November 21, 2023, and ending on May 20, 2025. This extension allows existing TPS beneficiaries to retain TPS through May 20, 2025, so long as they otherwise continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through May 20, 2025, must re-register during the 60-day re-registration period described in this notice.
The Secretary is also redesignating Afghanistan for TPS. The redesignation of Afghanistan allows additional Afghan nationals (and individuals having no nationality who last habitually resided in Afghanistan) who have been continuously residing in the United States since September 20, 2023, to apply for TPS for the first time during the initial registration period described under the redesignation information in this notice. In addition to demonstrating continuous residence in the United States since September 20, 2023, and meeting other eligibility criteria, initial applicants for TPS under this designation must demonstrate that they have been continuously physically present in the United States since November 21, 2023, the effective date of this redesignation of Afghanistan for TPS.
Please visit this link for all TPS categories: USCIS Temporary Protected Status page
DHS Extends TPS Re-registration Periods for El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan to 18 months
The Department of Homeland Security (DHS) extended from 60 days to 18 months the periods to re-register for Temporary Protected Status (TPS) under the designations of El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan.
The 18-month re-registration period under the designation of:
El Salvador now runs through March 9, 2025;
Haiti now runs through Aug. 3, 2024;
Honduras now runs through July 5, 2025;
Nepal now runs through June 24, 2025;
Nicaragua now runs through July 5, 2025; and
Sudan now runs through April 19, 2025.
This re-registration extension will allow TPS beneficiaries to submit Form I-821, Application for Temporary Protected Status, and Form I-765, Application for Employment Authorization, at any time during the 18-month extensions of the TPS designations of these six countries.
TPS beneficiaries under the El Salvador designation may continue to re-register after the Sept. 10, 2023, expiration date noted in the June 21, 2023, Federal Register notice.
TPS beneficiaries under the Haiti designation may continue to re-register after the March 27, 2023, expiration date noted in the Jan. 26, 2023, Federal Register notice.
TPS beneficiaries under the Sudan designation may continue to re-register after the Oct. 20, 2023, expiration date noted in the Aug. 21, 2023, Federal Register notice.
DHS will publish a Federal Register notice for this re-registration extension soon.
**Note that this announcement did not change the previously announced extensions of the TPS designations for these six countries, and it did not change the eligibility requirements. It extended the period during which existing beneficiaries may re-register for their benefits.**
Links:
Special Student Relief Resource
Special Student Relief (SSR) suspends certain regulatory requirements for F-1 students from countries that are experiencing severe economic hardship as a direct result of humanitarian crises, natural disasters, armed conflict and other emergent circumstances. A U.S. Department of Homeland Security (DHS) declaration of SSR suspends restrictions related to on- and off-campus employment and alters the full course of study requirements for eligible F-1 students by permitting a reduced course load.
For additional information about SSR, please refer to the Study in the States Special Student Relief page and What is Special Student Relief (SSR) infographic.
SSR is currently available to eligible F-1 students from the countries listed below. Please refer to the corresponding Federal Register notices for additional information or the SSR Frequently Asked Questions page.
A list of active SSR notices can be viewed on the What’s New page on ICE.gov/SEVP.
Supreme Court Denies Cert to WashTech Case, District Court Decision Upholding OPT Regulations Stands
On October 2, 2023, the Supreme Court denied certiorari in the Washington Alliance of Technology Workers v. Department of Homeland Security case (the “WashTech” case), which is a significant victory for employers and international students.
The WashTech case has been litigated for a long time, and the focus of the case has been the length of time allowed for practical training and work authorization that DHS provides to international students. Specifically, a group argued that DHS could not expand Optional Practical Training (OPT) from 12 to 36 months in science, technology, engineering and math (STEM) fields. However, several court decisions found that the Department of Homeland Security possessed the authority to expand STEM OPT to 36 months.
Educators consider OPT and STEM OPT essential because practical training benefits students’ education and encourages them to enroll in U.S. universities. The additional 24 months in STEM OPT also allows employers a better opportunity to secure an H-1B petition for students.
Washington Alliance of Technology Workers (WashTech) filed a petition for writ of certiorari to ask the Supreme Court to review a D.C. Circuit decision in favor of DHS’s authority. However, on October 2, 2023, the Supreme Court denied the petition for writ of certiorari, which means that means no further review of the D.C. Circuit’s earlier decision in favor of STEM OPT will occur.
Link:
Israel has been designated for participation in the Visa Waiver Program
The Department of Homeland Security (DHS) issued a final rule on September 29, 2023, updating the list of countries designated for participation in the Visa Waiver Program (VWP) by adding Israel, in accordance with the DHS’s Secretary’s designation of Israel as a VWP country. Beginning November 30, 2023, eligible citizens and nationals of Israel may apply for admission to the United States at U.S. ports of entry as nonimmigrant visitors for business or pleasure for a period of 90 days or less without first obtaining a nonimmigrant visa, if they are otherwise eligible for admission under applicable statutory and regulatory requirements.
Links:
Federal Register: https://www.federalregister.gov/documents/2023/09/29/2023-21574/designation-of-israel-for-the-visa-waiver-program
Visa Waiver Program General Information: https://www.dhs.gov/visa-waiver-program
Diversity Visa 2025 Registration Open from October 4, 2023 to November 7, 2023
The US Department of State (DOS) announced that the online registration period for the DV-2025 Program has begun. It began on Wednesday, October 4, 2023, at 12:00 noon, Eastern Daylight Time (EDT) (GMT-4) and will conclude on Tuesday, November 7, 2023, at 12:00 noon, Eastern Standard Time (EST) (GMT-5). Submission of more than one entry for a person during the registration period will disqualify all entries for that person.
The official DV-2025 program instructions are listed on the DOS DV-2025 website (link below).
Links:
US Department of State Diversity Visa (DOS DV-2025): https://travel.state.gov/content/travel/en/us-visas/immigrate/diversity-visa-program-entry/diversity-visa-instructions.html
US Department of State DV-2025 Application Process: https://travel.state.gov/content/travel/en/us-visas/immigrate/diversity-visa-program-entry/diversity-visa-submit-entry1.html
State Department Decides Not to Implement 2019 Public Charge Restrictions
On September 5, 2023, the US Department of State (DOS) published a final rule indicating that they decided not to finalize the regulatory amendments made by the more restrictive 2019 interim final rule entitled “Visas: Ineligibility Based on Public Charge Grounds” published in the Federal Register on October 11, 2019 (“2019 IFR”) as it did not meet current policy aims. In declining to finalize the regulatory amendments made in 2019, the DOS will continue to apply the guidance from the Foreign Affairs Manual (“FAM”) and the regulatory language in use prior to 2019. The final rule took effect on October 5, 2023.
Link:
US State Department Final Rule: https://www.federalregister.gov/documents/2023/09/05/2023-19047/visas-ineligibility-based-on-public-charge
Expiration of COVID-Era Visa Application Fee Receipts
The US Department of State (DOS) announced that all receipts for payment of Machine-Readable Visa (MRV) fees issued before October 1, 2022, would expire September 30, 2023, and that there would be no extensions of the validity of the fees.
Applicants using MRV fees paid before October 1, 2022 to book an appointment at a consulate were also cautioned not to try to change their appointment dates after October 1, 2023 because doing so will result in the forfeiture of both the original appointment slot and the MRV fee receipt. This means that the applicant would be required to pay a new fee and submit a new application package.
Links:
US Department of State Announcement: https://travel.state.gov/content/travel/en/News/visas-news/expiration-of-covid-era-visa-application-fee-receipts.html
USCIS Announced an Increase in the Maximum Validity Period of Employment Authorization Documents for Certain Categories of Noncitizens from 2 to 5 Years
On September 27, 2023, USCIS announced that it will increase the maximum employment authorization document (EAD) validity period for “certain noncitizens who are employment authorized incident to status or circumstance” to five years. This five-year EAD validity period also applies to some “initial and renewal EADs for certain noncitizens who must apply for employment authorization”. Refugees, asylees, individuals granted withholding of removal, and those with pending asylum application or applications for adjustment of status (“green card”) under INA 245, are among the categories of noncitizens who will be issued EADs with a five-year validity period, according to the USCIS Policy Alert. USCIS stated that this change is aimed at reducing the number of employment authorization applications they receive in the coming years, which will hopefully help them reduce their processing times and backlogs.
Link:
USCIS Announcement: https://www.uscis.gov/newsroom/alerts/uscis-increases-employment-authorization-document-validity-period-for-certain-categories
USCIS Exempts all Form I-539 Applicants from Payment of Biometrics Services Fee
As of October 1, 2023, U.S. Citizenship and Immigration Services (USCIS) began exempting the $85 biometric services fee as part of the application process for Form I-539. If an I-539 application is postmarked October 1st or later, the applicant does not need to pay the fee. In most cases, after October 1st, applicants will not be scheduled for biometric services appointments. However, USCIS reserves the right to request that any individual applicant appear for such an appointment and will send the applicant a notice if this is required.
If an applicant mistakenly submits the biometric services fee and the payment has been submitted separately from the Form I-539 filing fee, USCIS has stated that they will return the biometric services fee and accept the Form I-539. However, if the applicant mistakenly submits the biometric services fee and the payment for the Form I-539 has been combined with it, then this will be considered an improper filing and the Form I-539 form will be rejected. If an applicant mistakenly authorizes a credit card payment combining the biometric services fee and the filing fee, USCIS will accept the application and will only charge the credit card for the filing fee.
Link: