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In this post, we share with you some great news for Somalian nationals under Temporary Protected Status (TPS) in the United States.

The Biden administration has made the decision to extend Temporary Protected Status for Somalian nationals currently receiving protections under the program for 18 months from March 18, 2023 through September 17, 2024.

A notice has been published in the Federal Register with information about how to register for TPS under Somalia’s designation.

The main benefit of applying for TPS protections is that those who are approved can remain in the country on a lawful basis, will receive protection against deportation (deferred status), and are eligible to apply for employment authorization and travel permission by filing, Form I-765 Application for Employment Authorization, and Form I-131 Application for Travel Document, with the United States Citizenship and Immigration Services (USCIS).

The registration process for Somalia began on Monday, March 13, 2023 and will end on May 9, 2023.

Extension of Designation of Somalia for TPS

On January 12, 2023, the Secretary of Homeland Security, Alejandro Mayorkas, announced an 18-month extension and re-designation of Temporary Protected Status (TPS) for the country of Somalia. This extension and re-designation will be in effect from March 18, 2023, through September 17, 2024 (an 18-month period).

Secretary Mayorkas made this decision after consulting with government officials and taking into consideration the ongoing armed conflict in Somalia, along with natural disasters, disease outbreaks, and worsening humanitarian crisis. Somalia continues to be impacted by terrorism, violent crime, civil unrest, and fighting amongst clan militias making it necessary to extend the designation of Somalia for TPS.

The extension of TPS for Somalia will allow approximately 430 current beneficiaries to retain TPS through September 17, 2024, if they re-register and continue to meet TPS eligibility requirements.

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We are happy to report that the Biden administration has made the decision to extend Temporary Protected Status for Somalia nationals currently receiving protections under the program from March 18, 2023 through September 17, 2024.

In addition, the re-designation means that certain eligible Somali nationals residing in the United States as of January 11, 2023, will be able to apply for TPS protections for the first time.

The main benefit of applying for this program is that those who are approved for Temporary Protected Status can remain in the country on a lawful basis, will receive protection against deportation (deferred status), and are eligible to apply for employment authorization and travel permission by filing, Form I-765 Application for Employment Authorization, and Form I-131 Application for Travel Document, with the United States Citizenship and Immigration Services (USCIS).

How did this all happen?

Extension of Designation of Somalia for TPS

On January 12, 2023, the Secretary of Homeland Security, Alejandro Mayorkas, announced an 18-month extension and redesignation of Temporary Protected Status (TPS) for the country of Somalia. This extension and re-designation will be in effect from March 18, 2023, through September 17, 2024 (an 18-month period).

Secretary Mayorkas made this decision after consulting with government officials and taking into consideration the ongoing armed conflict in Somalia, along with natural disasters, disease outbreaks, and worsening humanitarian crisis. Somalia continues to be impacted by terrorism, violent crime, civil unrest, and fighting amongst clan militias making it necessary to extend the designation of Somalia for TPS.

Mayorkas found that these circumstances ultimately prevented Somali nationals from safely returning to their home country stating, “Through the extension and redesignation of Somalia for Temporary Protected Status, the United States will be able to offer safety and protection to Somalis who may not be able to return to their country, due to ongoing conflict and the continuing humanitarian crisis… We will continue to offer our support to Somali nationals through this temporary form of humanitarian relief.”

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Welcpuzzle-g75f3e575f_1920ome back to Visalawyerblog! We hope you had a wonderful holiday break and wish you a prosperous new year ahead.

We kick off the new year with some important updates in the world of immigration.

Today, the United States Citizenship and Immigration Services (USCIS) officially announced a Notice of Proposed Rulemaking (NPRM) that will be posted in the Federal Register tomorrow Wednesday, January 4, 2023 that will increase filing fees for certain types of immigration benefits. An unpublished version is already available in the Federal Register.

A 60-day public comment period will follow the publication of the NPRM on January 4, 2023 and will close on March 5, 2023.

Fees will not change until the final rule goes into effect, and only after the public has had the opportunity to comment and USCIS finalizes the fee schedule in response to such public comments. USCIS will host a public engagement session on the proposed fee rule on January 11, 2023.

According to USCIS, the proposed fee increases are necessary to ensure that the agency will have enough resources to provide adequate services to applicants and petitioners moving forward. The agency has said that after having conducted a review of current fees, it has determined that it cannot cover the full cost of providing adjudication and naturalization services without a fee increase.

The agency cited the COVID-19 pandemic as one of the factors leading the agency to increase its fees. As you may recall, the pandemic caused a dramatic reduction in the filing of new applications, leaving USCIS with a substantial decrease in revenues of 40 percent. This unfortunate drop in applications led USCIS to reduce its workforce accordingly.

With current resources, the agency has said it is incapable of adjudicating applications in a timely manner, when considering that agency caseloads are now returning to pre-pandemic levels.

Among the new proposals included in the NPRM are measures that:

  • Incorporate biometrics costs into the main benefit fee and remove the separate biometric services fee
  • Require separate filing fees for Form I-485 and associated Form I-131 and Form I-765 filings
  • Establish separate fees for Form I-129, Petition for Nonimmigrant Worker, by nonimmigrant classification.
  • Revise the premium processing timeframe interpretation from 15 calendar days to 15 business days
  • Create lower fees for certain immigration forms filed online.

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Welcome back to Visalawyerblog! We hope you had a wonderful weekend.

In this blog post, we share with you some exciting news for Venezuelan nationals receiving benefits under the Temporary Protected Status (TPS) program.

The Biden administration has made the decision to extend Temporary Protected Status for Venezuelan nationals currently receiving protections under the program until March 10, 2024. In addition, the re-designation means that certain eligible Venezuelan nationals will be able to apply for TPS protections for the first time.

The main benefit of applying for this program is that those who are approved for Temporary Protected Status can remain in the country on a lawful basis, will receive protection against deportation (deferred status), and are eligible to apply for employment authorization and travel permission by filing, Form I-765 Application for Employment Authorization, and Form I-131 Application for Travel Document, with the United States Citizenship and Immigration Services (USCIS).

How did this all happen?

Extension of Designation of Venezuela for TPS

On July 11, 2022, the Secretary of Homeland Security, Alejandro Mayorkas, announced an 18-month extension and redesignation of Temporary Protected Status (TPS) for the country of Venezuela. This extension and re-designation will be in effect from September 10, 2022, through March 10, 2024 (an 18-month period).

Secretary Mayorkas made this decision after consulting with government officials and taking into consideration the ongoing conflict in Venezuela, lack of access to food, water, healthcare, and other conditions.

Mayorkas found that these circumstances ultimately prevented Venezuelan nationals from safely returning to their home country stating, “After careful consideration, and in consultation with the Secretary of State, today I am extending that designation. This action is one of many ways the Biden administration is providing humanitarian support to Venezuelans at home and abroad, together with our regional partners. We will continue to work with our international partners to address the challenges of regional migration while ensuring our borders remain secure.”

Currently, there are an estimated 343,000 individuals potentially eligible for TPS under the existing designation of Venezuela. The program’s extension will mean that these beneficiaries can re-register for benefits and retain TPS status through March 10, 2024, so long as they can demonstrate that they continue to meet the TPS eligibility requirements.

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We are happy to start this week with interesting new developments in the world of immigration law.

As some of our readers may be aware, all green card applicants filing Form I-485 Application to Register Permanent Residence or Adjust Status, are given the opportunity to file the Form I-765 Application for Employment Authorization, and Form I-131 Application for Travel Document, along with their green card application (or separately at a later time), in order to receive what has been commonly referred to as an employment authorization document (EAD) and advance parole (AP) “combo” card.

With this “combo” card, green card applicants have engaged in lawful employment inside of the United States, and cards with the notation ‘Serves as I-512 Advance Parole’ have been used to re-enter the U.S. after temporary foreign travel.

That is all about to change. USCIS has announced that in an effort to drastically reduce the processing times associated with EAD and AP documents, the agency will now be discontinuing its policy of issuing the “combo” card.

Going forward, U.S. Citizenship and Immigration Services will be separating the issuance of the employment authorization document (EAD card) and advance parole (AP) document. This means that green card applicants that file the Forms I-765 and I-131 together with their green card (or at a later time) can expect to receive two separate documents in the mail, instead of one single combo card.

EADs that do not have the notation ‘Serves as I-512 Advance Parole,’ can only be used for employment purposes. Green card applicants wishing to return to the U.S. after temporary foreign travel must have a valid Advance Parole document. Applicants should not engage in international travel without such document.

Substantial Backlogs

USCIS has made this change to help alleviate the substantial processing times of EAD and AP documents during the Coronavirus pandemic. Unfortunately, these delays have caused employment interruptions for thousands of applicants who have had to wait many months for these applications to be approved.

Presently, the Nebraska Service Center is currently reporting processing times of between 11.5 to 13.5 months for an EAD to be issued based on a pending adjustment of status application. While the California Service Center is currently reporting a wait period of between 20 months to 21.5 months.

This lengthy waiting period has prompted USCIS to take action to separate issuance of the EAD and AP, in what will hopefully result in faster processing times.

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COMMON IMMIGRATION QUESTIONS AND ANSWERS

In this blog post we answer your immigration questions. Please contact our office or send us a message through Facebook if you have a question that has not been answered on our blog. For more information about the services we offer please visit our website. We proudly offer our immigration services to clients from all over the world. Our staff members are available to assist you in Spanish, Russian, Chinese (Mandarin), French, and Hebrew. Read our success stories to find out more about how our office has helped our clients achieve their immigration dreams.

Medical Exam

Q: Can I provide my medical examination at the I-485 interview or must I send it with initial filing?

A: As you may have already heard, beginning September 11, 2018, USCIS will no longer issue requests for evidence for initial filings sent with insufficient evidence, and will instead deny the application without giving an applicant the opportunity to cure the defect. All applicants filing for adjustment of status to permanent resident must submit Form I-693 to be completed by a civil surgeon. While it was previously acceptable to submit a medical examination at the I-485 interview, with the changing state of the law it is highly recommended to submit the I-693 medical examination with the initial filing to avoid a possibility of denial.

EAD

Q: I have been waiting for my employment authorization card to arrive for over 7 months now. I am feeling very desperate to work and I also want to use my employment authorization card to travel using my advance parole. Is there anything I can do to speed this process up?

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Today, May 25, 2018, the Department of Homeland Security announced that it will be publishing a proposed rule in the Federal Register on May 29th to end the International Entrepreneur Rule, a program that gives foreign entrepreneurs the opportunity to apply for parole to come to the United States for the purpose of developing or starting a business venture in the United States.

As you may be aware, during July of last year, DHS took its first steps to dismantle the program by delaying the implementation of the rule until March 14, 2018. During that time, DHS began to draft a proposal to rescind the rule. In December of 2017 however, a federal court ordered USCIS to begin accepting international entrepreneur parole applications, vacating the delay.

In an act of defiance, DHS is now seeking to eliminate the international entrepreneur rule altogether because the department believes that the rule sweeps to broadly and doesn’t provide sufficient protections for U.S. workers and investors. According to the agency, the international entrepreneur rule “is not an appropriate vehicle for attracting and retaining international entrepreneurs.” This is once again an effort by the Trump administration to undermine Obama era policies such as Deferred Action, to better align with the President’s America-first policies on immigration.

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Today, October 24, 2016 the Department of Homeland Security published the final rule increasing fees for certain immigration and naturalization petitions processed by U.S. Citizenship and Immigration Services (USCIS). Overall the Department of Homeland Security increased filing fees for certain petitions by an average of 21 percent. The new fees will be enforced by USCIS beginning December 23, 2016. The fee schedule has been adjusted following the agency’s decision to conduct a comprehensive review of filing fees for fiscal year 2016/2017. USCIS determined that an adjustment in the filing fees would be necessary in order for USCIS to recover costs for services expended and maintain adequate service. The proposed fee schedule was first published on May 4, 2016. The final rule clarifies that all persons applying for immigration benefits may be required to appear for biometrics services or an interview, and thus must pay the biometrics services fee accordingly.

EB-5 Investor Visa Program

The EB-5 Immigrant Investor Visa Program will be most heavily impacted by the new fee schedule. The new filing fee for Form I-924, Application for Regional Center under the Immigrant Investor Pilot Program, will increase by a rate of 186% requiring Regional Centers seeking designation under the program, to pay a filing fee of $17,795 instead of the current rate of $6,230. Regional Centers will be required to pay a $3,035 annual fee to certify their continued eligibility for the designation.

The filing fee for the I-526 Immigrant Petition by Alien Entrepreneur, an application associated with the EB-5 visa program, will increase to $3,675, a 145% increase up from the current rate of $1,500. The filing fee for an investor’s petition to remove conditions on residence remains unchanged.

Naturalization

USCIS has established a three-tiered fee schedule for naturalization applicants filing Form N-400 Application for Naturalization. First, the fee schedule includes a standard filing fee for most applicants, from a rate of $595 to $640. Second, DHS has established a reduced fee of $320 for naturalization applicants whose household income is greater than 150% but less than 200% of the Federal Poverty Guidelines. Third, there will be no filing fee for naturalization applicants who are members of the military, applicants with approved fee waivers, and others who may qualify for a fee waiver according to sections 328 or 329 of the Immigration and nationality Act (INA).

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We are pleased to announce that USCIS will adopt a new parole policy, at the recommendation of the Ombudsman’s office, for U visa principal petitioners and their derivative qualifying family members residing abroad, who are currently on waiting lists for the availability of U Visas. As a result of this new policy, eligible applicants will be able to seek parole into the United States and await availability of their U visas from the United States, instead of waiting from abroad.

The U visa was first implemented with the passage of the Victims of Trafficking and Violence Protection Act signed into law by Congress. This piece of legislation gave USCIS the authority to implement a special nonimmigrant visa classification known as the U visa. Presently, the U nonimmigrant visa is available to foreign nationals who have either been a witness to a crime in the United States, or who have suffered substantial mental or physical abuse as a victim of a crime that occurred in the United States. The U visa in effect creates a special class of nonimmigrants who may legally reside in the United States for the purpose of assisting law enforcement, or government officials, in ongoing investigations for the prosecution of certain crimes. Unfortunately, there is a congressional limitation on the number of U visa’s that may be issued to principal U visa applicants. That limit is currently capped at 10,000 visas on an annual basis.

Once the 10,000 visa cap has been exceeded, U visa nonimmigrants are forced to remain abroad, and are placed on a waiting list. In order to expedite their entry to the United States, applicants must go through the extra step of applying for humanitarian parole from abroad in order to enter the United States. Such victims are often in danger or in vulnerable situations in their home countries. Most importantly their key testimony and cooperation is of no use to the United States if they are residing abroad.

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Many of our clients are unaware that they may be eligible to receive a fee waiver upon demonstration of a clear financial need. Although USCIS receives much of its funding from the application and petition fees they charge to applicants, the service understands that applications can be very costly for applicants, and that some applicants will not be able to pay the necessary filing fees. Although not all applications and petitions are eligible to receive a fee waiver there are many petitions that qualify.

Who may apply for a fee waiver?

A fee waiver request may be submitted by persons who are unable to pay the required filing fees or biometric service fee(s) for any application or petition that is eligible to receive a fee waiver. In order to receive a fee waiver, applicants must demonstrate that they are unable to pay the filing fees by providing documented evidence of that need with the fee waiver request Form I-912. A fee waiver request, Form I-912, must be filed with all applications and petitions for which you are requesting a fee waiver.

You can request a fee waiver if:

  1. The form you are filing is eligible for a fee waiver (refer to list below) and
  2. You can provide documentation showing that you qualify based upon at least one of the following criteria:
  • You, your spouse, or the head of household living with you, are currently receiving a ‘means-tested benefit.’
  • Your household income is at or below 150 percent of the Federal Poverty Guidelines at the time you file.

You can verify whether your income is below 150 percent of the Federal Poverty Guidelines by calculating your household size and household income, and reviewing the I-912P 2016 Federal Poverty Guidelines.

For example, if you are living in the state of California and you have a household size consisting of three people (you, your husband, and your child) and your total income is at or below $30, 240 you may file a fee waiver request by providing evidence that your income falls below the federal poverty guideline based on your household size and place of residence.

  • You are currently experiencing financial hardship that prevents you from paying the filing fee, including unexpected medical bills, emergencies, or other hardship.

Note: You are only required to file one Form I-912 for all family-related applications or petitions you would like to qualify for a ‘fee waiver’ at the same time.

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