A flag of venezuela with stars on it.

DHS Previews Federal Register Notice Extending and Separately Redesignating Venezuela for Temporary Protected Status

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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 Enter 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

The Department of Homeland Security is previewing a Federal Register notice for an 18-month extension of Venezuela’s 2021 Temporary Protected Status (TPS) designation and a separate redesignation of Venezuela for TPS. The notice explains how to register for TPS under Venezuela’s redesignation and how to re-register for the extension. Applicants for TPS are eligible to apply for an Employment Authorization Document (EAD) during the duration of the TPS designation.

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.

Individuals may be eligible if they have continuously resided in the United States on or before July 31, 2023, and been continuously physically present in the United States on or before October 3, 2023. The redesignation of Venezuela for TPS (Venezuela 2023) will allow an estimated 472,000 additional Venezuelan nationals (or individuals having no nationality who last habitually resided in Venezuela) to file an initial TPS application.

Venezuelan nationals who arrived in the United States after July 31, 2023, are not eligible for TPS. Those who do not enter through one of the many lawful pathways will be subject to enforcement consequences. Since May 12, we have removed or returned over 253,000 individuals to 152 countries, including to Mexico. DHS has removed or returned more family members in the last 4 months than in any previous full fiscal year.

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.

U.S. Citizenship and Immigration Services (USCIS) will continue to process pending applications filed under Venezuela 2021. Both initial applicants and re-registering current beneficiaries who have a pending Form I-821 or Form I-765 as of October 3, 2023 do not need to file either application again. If USCIS approves an individual’s pending Form I-821 re-registration application, USCIS will grant them TPS through September 10, 2025.  Similarly, if USCIS approves a pending TPS-related Form I-765, USCIS will issue the individual a new EAD that will be valid through the same date.

The Federal Register notice 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.

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USCIS Continues Fee Exemptions and Expedited Processing for Afghan Nationals

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Today, U.S. Citizenship and Immigration Services (USCIS) announced it is extending and expanding previously announced filing fee exemptions and expedited application processing for certain Afghan nationals. These actions will help Afghan nationals resettle, and in many cases, reunite with family in the United States by enabling USCIS to more quickly process their requests for employment authorization and/or Employment Authorization Documents (EADs), long-term status, status for immediate relatives, and associated services. We encourage you to use the webpages below to learn more about the eligibility details for each type of filing you may wish to pursue.

Certain Afghan nationals are eligible for the following fee exemptions and expedited processing, through Sept. 30, 2024:

Fee Exemptions

Expedited Processing

 

A close up of an employment authorization card

USCIS Increases Employment Authorization Document Validity Period for Certain Categories

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The updated guidance explains the categories of noncitizens who are automatically authorized to work (also known as being employment authorized incident to status or circumstance) and provides more information on who can present a Form I-94, Arrival/Departure Record, to an employer as an acceptable document showing employment authorization under List C of Form I-9, Employment Eligibility Verification. The Form I-94 must be accompanied by identity documentation for purposes of employment authorization. Finally, this guidance clarifies that certain Afghan and Ukrainian parolees are employment authorized incident to parole.

Increasing the maximum EAD validity period to 5 years is intended to significantly reduce the number of new Forms I-765, Application for Employment Authorization, we receive for renewal EADs over the next several years, contributing to our efforts to reduce associated processing times and backlogs. However, whether the noncitizen maintains employment authorization remains dependent on their underlying status, circumstances, and EAD filing category. For example, if an individual received an EAD under the (c)(9) category based on a pending adjustment of status application for the maximum validity period of 5 years, and the adjustment application is then denied, their ancillary employment authorization may be terminated before the expiration date listed on their EAD.

A flag of venezuela with stars on it.

NEW TPS (Temporary Protected Status) for all VENEZUELANS in the US prior to July 31, 2023!

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  After reviewing the country conditions in Venezuela and consulting with interagency partners, Secretary Mayorkas determined that an 18-month TPS extension and redesignation are warranted based on Venezuela’s increased instability and lack of safety due to the enduring humanitarian, security, political, and environmental conditions. This redesignation provides temporary protection from removal, as well as employment authorization for individuals in the United States before July 31, 2023.

We are now processing applications for our Venezuelan clients.  If you would like us to help you too, call us at 813-250-1300 or schedule a consultation with us here.

A table with several different types of text.

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.

A man and woman shaking hands in front of two other people.

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.

 

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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.â€

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.

A child is sitting on the back of his father 's bike.

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.

 

A flag of ukraine is shown in this image.

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,â€Â said Secretary Alejandro N. Mayorkas. “We will continue to offer our support to Ukrainian nationals through this temporary form of humanitarian relief.â€

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.

A flag of cuba is shown on the fabric.

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.â€Â 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.