DOS Implements New Visa Restrictions for Certain Georgians
In response to a new “foreign influence” law and related “campaign of intimidation and the use of violence to suppress peaceful dissent,” Secretary of State Antony Blinken announced on May 23, 2024, that it is implementing “a new visa restriction policy for Georgia that will apply to individuals who are responsible for or complicit in undermining democracy in Georgia, as well as their family members.” He said this includes “individuals responsible for suppressing civil society and freedom of peaceful assembly in Georgia through a campaign of violence or intimidation.”
Secretary Blinken said that “anyone who undermines democratic processes or institutions in Georgia—including in the lead-up to, during, and following Georgia’s October 2024 elections—may be found ineligible for U.S. visas under this policy and precluded from travel to the United States.”
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DHS Issues New ‘Western Hemisphere Parole’ Class of Admission
As part of the Biden administration’s actions to manage regional migration and facilitate “safe, orderly, and humane processing of migrants,” the Department of Homeland Security (DHS) has issued a new class of admission (COA), that will be referred to as “Western Hemisphere Parole (WHP).”
Individuals with this COA can be paroled into the United States, on a case-by-case basis, for up to three years. Such parolees are not authorized to work incident to their parole, DHS said, and must have an Employment Authorization Document (EAD) if they wish to work. DHS said that Systematic Alien Verification for Entitlements can provide an initial verification response of parolee with a COA of WHP. The initial response may also include work authorization information if the parolee has an EAD.
DHS noted that WHP parolees may have more than one valid immigration status or category and may also present valid immigration documents that demonstrate other pending applications or approved statuses or categories.
Cuban and Haitian nationals who are paroled into the United States under the WHP COA may be eligible to receive certain public benefits, DHS said.
Links:
USCIS Landing Page for WHP: New COA for Western Hemisphere Parole
DHS Fact Sheet: U.S. Government Announces Sweeping New Actions to Manage Regional Migration
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.