USCIS Clarifies Guidance for EB-1 Eligibility Criteria

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U.S. Citizenship and Immigration Services is issuing policy guidance in the Policy Manual to clarify the types of evidence that they may evaluate to determine eligibility for extraordinary ability (E11) and outstanding professor or researcher (E12) EB-1 immigrant visa classifications.

The update adds clarifying guidance describing examples of evidence that may satisfy the relevant evidentiary criteria or qualify as comparable evidence, as well as considerations for evaluating such evidence, with a focus on science, technology, engineering, or mathematics (STEM) fields.

The new guidance provides more clarity and transparency and should assist petitioners in submitting appropriate evidence that may establish the beneficiary’s eligibility.

Affirmative Asylum Applicants Must Provide Interpreters Starting Sept. 13

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U.S. Citizenship and Immigration Services reminds affirmative asylum applicants that, starting Sept. 13, 2023, you must bring an interpreter to your asylum interview if you are not fluent in English or wish to proceed with your interview in a language other than English.

Sign language interpreters are the only exception to this requirement. USCIS continues to provide sign language interpreters as a disability accommodation. Follow the instructions on your interview notice to request this disability accommodation.

The interpreter must be fluent in English and a language you speak fluently and must be at least 18 years old. The interpreter must not be:

  • Your attorney or accredited representative;
  • A witness testifying on your behalf;
  • A representative or employee of the government of your country of nationality (or, if you are stateless, your country of last habitual residence); or
  • An individual with a pending asylum application who has not yet been interviewed.

 

Secretary Mayorkas Extends and Redesignates Temporary Protected Status for South Sudan

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Redesignation Allows Additional Eligible South Sudanese Nationals to Apply for TPS and Employment Authorization Documents

Secretary of Homeland Security Alejandro N. Mayorkas today announced the extension and redesignation of South Sudan for Temporary Protected Status for 18 months, from November 4, 2023, through May 3, 2025, due to ongoing armed conflict and extraordinary and temporary conditions in South Sudan that prevent individuals from safely returning. The corresponding Federal Register notice provides information about how to register as a new or current beneficiary for TPS under South Sudan’s extension and redesignation. Accompanying this announcement is a Special Student Relief notice for F-1 nonimmigrant students whose country of citizenship is South Sudan 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 F-1 status through the TPS designation period.

After consultation with interagency partners, Secretary Mayorkas determined that an 18-month TPS extension and redesignation is warranted because conditions that support South Sudan’s TPS designation are ongoing. This designation is based on violence and human rights abuses affecting civilians, as well as environmental, health, and food security concerns.

“Through the extension and redesignation of South Sudan for Temporary Protected Status, the United States will continue to offer safety and protection to South Sudanese nationals who may not be able to return to their country due to the ongoing armed conflict and humanitarian crisis,” “We will continue to offer our support to South Sudanese nationals through this temporary form of humanitarian relief.”

The extension of TPS for South Sudan allows approximately 133 current beneficiaries to retain TPS through May 3, 2025, if they continue to meet TPS eligibility requirements. The redesignation of South Sudan for TPS allows an estimated 140 additional South Sudanese nationals (or individuals having no nationality who last habitually resided in South Sudan) who have been continuously residing in the United States since September 4, 2023 and continuously physically present in the United States since November 4, 2023, to file initial applications to obtain TPS, if they are otherwise eligible.

Re-registration is limited to individuals who previously registered for and were granted TPS under South Sudan’s prior designation. Current beneficiaries under TPS for South Sudan must re-register in a timely manner during the 60-day re-registration period from September 5, 2023 through November 4, 2023, to ensure they keep their TPS and employment authorization.

DHS recognizes that not all re-registrants may receive a new Employment Authorization Document (EAD) before their current EAD expires and is automatically extending through November 3, 2024, the validity of EADs previously issued under South Sudan’s TPS designation. U.S. Citizenship and Immigration Services will continue to process pending applications filed under previous TPS designations for South Sudan.

The Federal Register notice explains eligibility criteria, timelines, and procedures necessary for current beneficiaries to re-register and renew EADs, and for new applicants to submit an initial application under the redesignation and apply for an EAD.

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

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This Update:

  • Explains that the Feb. 14 policy change to be an extraordinary circumstance that may excuse an applicant’s failure to meet the sought to acquire requirement.
  • Clarifies that we 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 we consider applicants to have met the sought to acquire requirement if their application to adjust their status was pending on Feb. 14 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.

The CSPA protects certain beneficiaries from losing their eligibility for immigrant visas and adjustment of status because they 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 Feb. 14 USCIS issued policy guidance updating when an immigrant visa becomes available for the purpose of calculating an applicant’s CSPA age.

Under the policy guidance in effect before Feb. 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 Feb. 14, 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.

 

Secretary Mayorkas Extends and Redesignates Temporary Protected Status for Ukraine

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Redesignation Enables Additional Eligible Ukrainian Nationals to Apply for TPS and Employment Authorization Document

The Department of Homeland Security (DHS) today announced an extension of Temporary Protected Status (TPS) for Ukraine for 18 months, from October 20, 2023, through April 19, 2025, due to ongoing armed conflict and extraordinary and temporary conditions in Ukraine that prevent individuals from safely returning. In addition, DHS announced a redesignation of TPS for Ukraine for the same reason, allowing Ukrainian nationals (and individuals having no nationality who last habitually resided in Ukraine) residing in the United States as of August 16, 2023, to be eligible for TPS. Accompanying this announcement is a Special Student Relief notice for F-1 nonimmigrant students whose country of citizenship is Ukraine 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 F-1 status through the TPS designation period. Secretary of Homeland Security Alejandro N. Mayorkas made the decision to extend and redesignate TPS for this population in consultation with interagency partners and with careful consideration of conditions.

These conditions result from the expansion of the Russian military invasion into Ukraine, the largest conventional military action in Europe since World War II. Russia’s expanded military invasion has led to high numbers of civilian casualties and reports of war crimes and crimes against humanity committed by Russian military forces and officials. This invasion has caused a humanitarian crisis, with significant numbers of individuals fleeing and damage to civilian infrastructure that has left many without electricity or access to medical services. These conditions prevent Ukrainian nationals and habitual residents from safely returning.

“Russia’s ongoing military invasion of Ukraine and the resulting humanitarian crisis requires that the United States continue to offer safety and protection to Ukrainians who may not be able to return to their country,” said Secretary Alejandro N. Mayorkas. “We will continue to offer our support to Ukrainian nationals through this temporary form of humanitarian relief.”

The extension allows approximately 26,000 current beneficiaries to retain TPS through April 19, 2025, if they continue to meet TPS eligibility requirements. An estimated 166,700 additional individuals may be eligible for TPS under the redesignation of Ukraine. This population includes nationals of Ukraine (and individuals without nationality who last resided in Ukraine) in the United States in nonimmigrant status or without lawful immigration status.

Current beneficiaries who wish to extend their temporary protected status must re-register in a timely manner during the 60-day re-registration period from August 21, 2023 through October 20, 2023 to ensure they keep their TPS and employment authorization without a gap. Recognizing that not all re-registrants may receive a new Employment Authorization Document (EAD) before their current EAD expires, U.S. Citizenship and Immigration Services (USCIS) is automatically extending EADs previously issued through October 19, 2024.

USCIS will continue to process pending applications filed under previous TPS designations for Ukraine. Individuals with a pending Form I-821, Application for Temporary Protected Status, or a related Form I-765, Application for Employment Authorization, do not need to file either application again. If USCIS approves a pending Form I-821 or Form I-765 filed under the previous designation of TPS for Ukraine, USCIS will grant the individual TPS through April 19, 2025, and issue an EAD valid through the same date.

Initial, first-time applicants for TPS under the redesignation of Ukraine must submit Form I-821, Application for Temporary Protected Status, during the initial registration period that runs from August 21, 2023 through April 19, 2025. Applicants may file Form I-821 online. When filing a TPS application, applicants can also request an EAD by submitting a completed Form I-765, Application for Employment Authorization, with their Form I-821, or separately at a later date. Applicants may also submit Form I-765 online.

The Federal Register notice explains the eligibility criteria, timelines, and procedures necessary for current beneficiaries to re-register and renew EADs, and for new applicants to submit an initial application under the redesignation and apply for an EAD.

DHS Reopens USCIS Field Office in Havana, Cuba

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Today, the Department of Homeland Security (DHS), through the United States Citizenship and Immigration Services (USCIS), announced the reopening of an international field office in Havana, Cuba. The Havana office will assist with U.S. immigration benefits and services, including conducting interviews and processing cases for pending Cuban Family Reunification Parole (CFRP) cases and Form I-730, Refugee/Asylee Relative Petitions.

“This administration is taking steps to reduce unlawful entries, deny resources to ruthless smuggling organizations, and streamline access to lawful, safe, and orderly pathways for those seeking humanitarian relief. Reopening the U.S. Citizenship and Immigration Services field office in Havana helps us do just that.” said Secretary of Homeland Security Alejandro N. Mayorkas. “Cubans like my own family, who nearly 63 years ago fled the communist takeover, deserve the same opportunity to follow legal pathways to build a new life in the United States.

The USCIS Havana Field Office will provide other limited services, which may include refugee processing and other limited appointment-only services such as collecting biometrics for U visa applications. Services at the Havana Field Office will be available only by appointment.  USCIS will update the USCIS International Immigration Offices page in the coming weeks with more information about services and appointments.

Under the previous administration, USCIS officially closed the Havana Field Office on December 10, 2018, due to a reallocation of agency resources and the long-term suspension of operations in 2017 after the U.S. Department of State ordered all non-essential personnel and families to depart Cuba.

On June 9, 2022, DHS announced it was resuming operations under the Cuban Family Reunification Parole (CFRP) program, which was established in 2007 to provide a safe, orderly pathway for certain Cuban beneficiaries of approved family-based immigrant petitions (Form I-130) to wait in the United States for their immigrant visas to become available. CFRP allows certain eligible U.S. citizens and lawful permanent residents, who receive an invitation letter, to apply for parole for their family members in Cuba. DHS recently streamlined the process to allow CFRP applicants to complete most steps on a secure online platform, modernizing the process so that it is more efficient. In January, the Biden-Harris administration also announced a new process to permit up to 30,000 individuals per month from Cuba, Haiti, Nicaragua, and Venezuela (CHNV) who have a U.S.-based financial supporter, pass vetting and background checks, and meet other established criteria, to come to the United States for a period of two years and receive work authorization.

USCIS’ renewed presence in Cuba is part of an effort to restore USCIS’ footprint outside the United States. These efforts are consistent with the Biden-Harris Administration’s commitment to facilitate safe, legal, and orderly migration while discouraging irregular and dangerous maritime migration.

DHS Modernizes Cuban and Haitian Family Reunification Parole Processes

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WASHINGTON – The Department of Homeland Security (DHS) today published Federal Register notices that will update and modernize the Cuban and Haitian family reunification parole (FRP) processes, reflecting extensive feedback from stakeholders on these important programs. With the modernization of these processes, petitioners will 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. The process is still available on an invitation-only basis.

The Cuban family reunification parole (CFRP) and Haitian family reunification parole (HFRP) processes promote family unity, and updates were first previewed as part of the comprehensive measures announced in April by DHS and the Department of State, consistent with our commitment under the Los Angeles Declaration on Migration and Protection.

“Lawful pathways, combined with strong enforcement, are effective at reducing irregular migration to the United States and preventing migrants from putting their lives in the hands of smugglers,” said Secretary of Homeland Security Alejandro N. Mayorkas. “This modernization of the family reunification parole processes improves our ability to maintain the integrity of our vetting and screening standards, responds to important feedback from stakeholders in both the Cuban and Haitian communities, and ensures meaningful access – consistent with our values – for potential beneficiaries.”

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

DHS made these updates by leveraging technological advancements developed since CFRP’s inception in 2007 and HFRP’s inception in 2014. These advancements will improve process efficiencies. DHS will continue to verify an individual’s identity and eligibility on a case-by-case basis and to conduct robust and multilayered security vetting.

Both processes begin with the Department of State’s National Visa Center issuing an invitation to the petitioning U.S. citizen or lawful permanent resident family member whose Form I-130, Petition for Alien Relative, filed on behalf of a Cuban or Haitian beneficiary, has been approved. The petitioner can then initiate the FRP process by filing Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, on behalf of the principal beneficiary and any derivative beneficiary spouse and children to be considered for advance travel authorization and parole.

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 making the HFRP process more accessible by opening the process to all Haitian approved principal beneficiaries, regardless of when USCIS approved the Form I-130 (previously, eligibility was limited to those approvals issued on or before December 18, 2014).

DHS is committed to ensuring that the CFRP and HFRP processes reunite families and provide a safe and orderly process that enables certain Cuban and Haitian nationals and their derivative spouse and children to enter the United States without making the dangerous journey to the Southwest Border or through maritime routes. These efforts are consistent with the U.S. national interest and its foreign policy priorities, including initiatives intended to expand access to and streamline lawful pathways to discourage irregular migration.

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

USCIS Updates Receipts Process for Form I-129S

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U.S. Citizenship and Immigration Services (USCIS) today announced changes to the way we issue receipts for L-1 nonimmigrant intracompany transferees (executives, managers, or specialized knowledge professionals) under a previously approved blanket L petition.

When filing Form I-129S, Nonimmigrant Petition Based on Blanket L Petition, together with Form I-129, Petition for a Nonimmigrant Worker, the petitioner will now receive two notices: the receipt notice and the approval notice (if approved). Petitioners will no longer receive a stamped and signed Form I-129S in conjunction with the Form I-129 approval. Instead, the petitioner will receive a separate approval notice for the Form I-129S, which serves as the endorsement.

This approval notice will serve as evidence that a USCIS officer has determined the beneficiary is eligible for L-1 status based on an approved blanket L petition and constitutes an endorsement of Form I-129S as required by 8 CFR 214.2(l)(5)(ii)(E). A copy of that notice will also be provided to the beneficiary to be included with their visa and/or admission papers.

This change will provide petitioners with quicker, more organized, and more secure processing of Form I-129S, by eliminating the need for USCIS to print, stamp, sign, and annotate the paper form.

DHS Issues Guidance for Stateless Noncitizens in the United States

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WASHINGTON – The Department of Homeland Security (DHS), through U.S. Citizenship and Immigration Services (USCIS), today 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 those 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. The new guidance clarifies when and how USCIS may consider a noncitizen stateless for the purpose of adjudicating immigration benefits or other requests.

“All over the world, people who are stateless live with fear and uncertainty. DHS is fully committed to addressing the global issue of statelessness and to breaking down barriers that these individuals face in the United States,” said Secretary of Homeland Security Alejandro N. Mayorkas. “With this historic step, stateless individuals will be given the opportunity to apply for immigration protections and benefits for which they are eligible.”

Following today’s release of this guidance, and with the goal of helping stateless individuals to take advantage of the opportunity, USCIS will create and implement new procedures to assist USCIS officers when assessing an individual’s potential statelessness. This includes updating existing training documents on statelessness, developing more robust training procedures for officers, and setting up standard operating procedures for officers to request an internal assessment of potential statelessness where it may be relevant to an individual’s application or benefit request. Specially trained USCIS personnel will provide the adjudicating officer 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 help USCIS officers determine whether noncitizens may be considered stateless for USCIS purposes.

Implementing this update also will enable USCIS to gather more comprehensive and accurate data on this vulnerable group of people. The United Nations High Commissioner for Refugees (UNHCR) estimates there are approximately 218,000 people residing in the United States who are potentially at risk of statelessness.

Second Random Selection from Previously Submitted Registrations Complete for FY 2024 H-1B Cap

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USCIS recently announced that we would need to select additional registrations to reach the FY 2024 H-1B numerical allocations. We now have randomly selected, from the remaining FY 2024 registrations properly submitted, a sufficient number of registrations projected as needed to reach the cap, and have notified all prospective petitioners with selected registrations from this round of selection that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.

Only petitioners with selected registrations may file H-1B cap-subject petitions for FY 2024, and only for the beneficiary named in the applicable selected registration notice.

An H-1B cap-subject petition must be properly filed at the correct service center and within the filing period indicated on the relevant registration selection notice. The period for filing the H-1B cap-subject petition will be at least 90 days. Online filing is not available for H-1B petitions, so petitioners filing H-1B petitions must do so by paper. Petitioners must include a printed copy of the applicable registration selection notice with the FY 2024 H-1B cap-subject petition.

Registration selection only pertains to eligibility to file an H-1B cap-subject petition. Petitioners filing H-1B cap-subject petitions, including those petitions eligible for the advanced degree exemption, must still establish eligibility for petition approval based on existing statutory and regulatory requirements.

For more information, visit the H-1B Electronic Registration Process page.