Extension and Redesignation of Temporary Protected Status for Ethiopia

On April 12, 2024, Secretary of Homeland Security Alejandro Mayorkas announced the extension and redesignation of Ethiopia for TPS for 18 months. The extension of TPS for Ethiopia allows current beneficiaries to retain TPS through December 12, 2025, if they meet eligibility requirements.

Existing beneficiaries of TPS for Ethiopia seeking to avoid gaps in their employment authorization may re-register during the 60-day re-registration period which runs from April 15, 2024, through June 14, 2024.

The redesignation allows Ethiopian nationals (and individuals having no nationality who last habitually resided in Ethiopia) who have continuously resided in the United States since April 11, 2024, and have been continuously physically present in the United States since June 13, 2024, to file initial applications for TPS, if they are otherwise eligible.

DACA Recipients May Apply for Certain Federal Healthcare Coverage as of November 1st

Deferred Action for Childhood Arrivals (DACA) recipients will be able to apply for healthcare coverage through certain federal programs pursuant to a final rule that takes effect November 1, 2024.

Main Takeaways:

On May 3rd, 2024, the U.S. Department of Health and Human Services announced a final rule expanding access to healthcare for DACA recipients through the Affordable Care Act Health (ACA) Insurance Marketplace or through a Basic Health Program (BHP).

DACA recipients are three times more likely to be uninsured than the general U.S. population. Approximately 100,000 uninsured DACA recipients who were previously excluded from eligibility are expected to enroll through the ACA Marketplace or a BHP.

During the 60 days following the rule’s November 1st, 2024, effective date, DACA recipients will qualify for a special enrollment period to select a health plan through the ACA Marketplace. Eligible recipients applying for coverage in November 2024 could have ACA Marketplace coverage begin as of December 1st and BHP coverage begin November 1st.

USCIS Ombudsman Encourages DACA Recipients to File Renewals as Early as Possible

The Office of the CIS Ombudsman encourages recipients to file their Deferred Action for Childhood Arrivals (DACA) renewal requests as early as possible. USCIS's recommendation is to submit the DACA renewal request 150 to 120 days (four to five months) before the expiration; to file the application online in order to communicate with USCIS directly through your personalized online portal and save money on filing fees; and to double-check the filing fees because they have increased as of April 1st, 2024.

Link:

• DHS Announcement: Renew Your DACA as Early as Possible

We're Hiring!

Iandoli, Desai, & Cronin has an immediate opening for a Business Immigration Paralegal.

We are dynamic eight-attorney and twelve paralegal immigration law firm serving professionals, businesses, and academic institutions. Our clients are leaders in medicine, engineering, biotechnology, and academia.  We are currently hiring for a Business Immigration Paralegal position. 

 Business Immigration Paralegal:

• Assist attorneys in the preparation and filing of employment-based immigrant (EB-1, EB-2, and EB-3) and nonimmigrant (H-1B, O-1, E-2, E-3, L-1 and TN) petitions and supporting documentation

• Assemble petitions and application packages

• Communicate with individual clients, HR representatives and government agencies

• Help individuals gather necessary information/documents

• Use specialized Case Management software to monitor deadlines and expirations and draft petitions and applications

• Draft support letters and other documents

• Track client communications and government correspondence

• Additional administrative duties may include answering phones, scheduling appointments, generating invoices, filing, and other ad hoc tasks.

Please email résumé and cover letter to careers@iandoli.com with “Immigration Paralegal” in the subject line. No phone calls please. Absolutely no recruiters. Only those candidates selected for an interview will be contacted.

Exclusively working via telecommuting/work-from-home is not feasible. We are in a hybrid model allowing up to 2 days of work from home.

May Visa Bulletin

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.

In May, the EB-1 preference category on the Final Action Chart remains current for all countries other than China and India. The EB-1 priority dates for China and India for May are September 1, 2022 and March1, 2021 respectively.  

U.S. Citizenship and Immigration Services (USCIS) determined that Chart A (Final Action Dates Employment-Based Visa Applications) could be used in May. Both the EB-2 and EB-3 preference categories remains backlogged for all countries, which means that individuals in these categories may not file Form I-485 applications until their priority dates become “current.”

The complete Visa Bulletin, including priority dates for family-based immigrant applications, can be found on the Department of State website.

If you have questions about planning, please schedule a consultation with one of the attorneys at Iandoli, Desai & Cronin (info@iandoli.com).

USCIS Launching a Pilot of E-Verify+ in Spring 2024

USCIS has announced the upcoming trial launch of E-Verify+, a platform intended to streamlining the Form I-9 and employment eligibility verification process into one seamless experience.  Details about this new feature can be found here. This feature is expected to become available later this year, with a pilot launch this spring. USCIS invites feedback during this trial period.

Department of Justice settlement with Washington University School of Medicine related to I-9 Discrimination and Retaliation

On April 16, 2024, the U.S. Justice Department announced a settlement agreement between a plaintiff and the Washington University School of Medicine. The agreement resolves the department’s determination that its medical school, known as Washington University School of Medicine in St. Louis, violated antidiscrimination requirements under the Immigration and Nationality Act (INA) by discriminating against an employee based on his citizenship status and then retaliating against him for complaining about the discrimination.

The Civil Rights Division’s Immigrant and Employee Rights Section (IER) found that the university discriminated against an individual who had been granted asylum by the federal government by “repeatedly confronting” him about his immigration status in relation to his right to work, even though he had provided sufficient proof of valid work authorization. The department also determined that the university had retaliated against the plaintiff by terminating his employment after he complained about the discrimination.

The settlement requires that the school pay civil penalties to the United States and pay backpay to the affected employee who filed a complaint with IER. The agreement also requires the school to train its personnel on immigration related antidiscrimination requirements, and revise its employment policies.  The school will also be subject to departmental monitoring and reporting requirements.

J-1 for Japanese language & culture specialists

On April 19, 2024, a Federal Register notice posted by the Department of State (DOS) announced a new international exchange visitor program for Japan. The program authorizes an exception under the Specialist category in the Exchange Visitor Program regulations to permit Japanese language and culture specialists to stay up to 36 months in the United States on J-1 visas.

The purpose of the program is to “…expand educational and cultural exchange opportunities between the people of the United States and Japan, promote the interchange of knowledge and skills among foreign and U.S. specialists, and foster long-term mutual understanding and international cooperation with U.S. communities across the United States… During their program, exchange visitors from Japan will share their specialized knowledge of Japanese language and education in the United States at community based, non-profit organizations, U.S. Government offices, secondary schools, or post-secondary academic institutions offering Japanese, and similar types of institutions to increase U.S. local communities' understanding of Japan, its culture, and language. Selected experts in Japanese culture and language will gain a better understanding of U.S. culture and society and promote mutual enrichment by enhancing U.S. knowledge of Japanese culture, language, and educational systems.” 

More information about the J-1 Visitor Exchange Program can be found here.

Employment Authorization for Certain Palestinian F-1s experiencing Severe Economic Hardship and for certain individuals covered by “Deferred Enforced Departure"

Per the Federal Notice posted on April 15, 2024, the Department of Homeland Security (DHS) is suspending certain regulatory requirements for certain Palestinian F-1 nonimmigrant students who are experiencing severe economic hardship as a direct result of the current humanitarian crisis in the Palestinian Territories. DHS is providing relief to these students who are in lawful F-1 nonimmigrant status, so the students may request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain their F-1 nonimmigrant status.

Applicants covered under DED for Palestinians can apply for a DED-based Employment Authorization Document (EAD) valid through Aug. 13, 2025 may apply by following the instructions provided in the Federal Register notice to apply for an EAD.

Applicants must file Form I-765, Application for Employment Authorization, and pay the associated fee (or request a fee waiver). On Form I-765, applicants must indicate that they are covered under DED for Palestinians by putting “(a)(11)” in response to Question 27.

General processing times for Form I-765 can be found on USCIS’s processing times page.

Department of State Suspends Visa Services in Haiti

Per the announcement issued on April 15th, 2024 The Department of State has suspended visa services in Haiti and has provided a list of options Haitian nationals seeking U.S. visas may consider:

Immigrant Visas

Information about Immigrant visas can be found here.   As the U.S. Embassy in Port-au-Prince has suspended routine immigrant visa appointments until further notice,  immigrant visa applicants who can travel to another U.S. embassy or consulate that processes immigrant visas and remain in that country for the duration of their visa processing should consider requesting the transfer of their case.  If the case is pending at the U.S. Embassy in Port-au-Prince, the applicant may contact a new U.S. embassy or consulate in writing to request the transfer of their immigrant visa case.  Evidence will be needed to demonstrate the applicant’s presence in (or ability to travel to) the country where they would like their case transferred, and evidence that they will be in that country for the duration of their case. Applicants can find the contact information for Immigrant Visa Units at U.S. embassies and consulates here. If the case is Pending at the National Visa Center (NVC), applicants may contact NVC here to request a transfer to another post for immigrant visa processing.  Again,  the applicant must provide evidence of the ability to enter and remain in the requested country for the duration of the process.

The NVC can also be contacted for expedited case processing at the new consular section (NVCExpedite@state.gov).  Applicants requesting that a case be expedited must provide a specific reason for the request, and cases in family preference visa categories that are not yet current are not eligible to expedite.

Adoption
Dept of State continues to communicate with U.S. adoptive families in the intercountry adoption process and adoption service providers regarding these matters and is to individual inquiries from Adoption Service Providers and prospective adoptive parents.

U.S. citizens who have adopted Haitian children through the domestic Haitian process and have an appointment date from USCIS for an N-600K interview may apply for a B-1/B-2 visa for the child to attend the interview and naturalize.  Dept of State indicates that this is only appropriate for children who do not intend to reside in the United States. 

Nonimmigrant visas
As routine visa processing has been suspended, the U.S. Embassy in Port au Prince can only accept expedited nonimmigrant visa appointments for life-or-death medical emergencies (with proof of travel plans) or to facilitate travel for a child with a confirmed USCIS appointment for a naturalization interview based on a Form N-600K.  Applicants can submit a request for an expedited NIV appointment by following the instructions here. 

Nonimmigrant visa applicants may apply at any embassy or consulate where they are physically present and where appointments are available.  A full list of embassies and consulates is available here. Wait times for appointments at embassies can be looked up here.  Applicants with a scheduled interview can submit a request for an expedited appointment date, but they must describe qualifying circumstances that justify moving up their appointment.