Department of State 60-Day Comment Request on SEVIS
On May 14, 2024, the Department of State made a request for comments on the recording, reporting, and data collection requirements for Student and Exchange Visitor Information System (SEVIS). Comments are due by 7/15/24.
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DOS Final Rule Allows Attorneys to Provide Assistance at US Embassies in Connection with Passport Appointments, Consular Reports of Birth Abroad and Certain Other Services
On May 13th, 2024, the State Department published a Final Rule allowing third parties such as attorneys, interpreters, and others to attend certain applicant/requester appointments at U.S. embassies, passport agencies and centers overseas to offer assistance. This rule will only apply to appointments for U.S. passport applications (either domestically or overseas), appointments related to requests for Consular Reports of Birth Abroad or Certificates of Loss of Nationality of the United States, or appointments for specific other services offered by American Citizens Services (ACS) units at U.S. embassies and consulates overseas.
Link:
Final Rule Published in Federal Register: Third-Party Attendance at Appointments for Passport, Consular Reports of Birth Abroad (CRBA) and Certain Other Services
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.