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ai-generated-8570989_1280On October 11, 2024, the U.S. Citizenship and Immigration Services (USCIS) released updated guidance for requests to expedite travel-related documents and expedite requests relating to government interests. The guidance is effective immediately.

Who may file an expedite request?

Individuals who are located inside the United States may request that USCIS expedite the adjudication of their application, petition, request, appeal, or motion. USCIS considers expedite requests on a case-by-case basis and has the discretionary authority to approve or deny an expedite request.

The grounds that may be considered to file an expedite request include, but are not limited to, the following:

  1. Severe financial loss to a company or person

The updated guidance states that those filing an expedite request based on severe financial loss to a company or person must provide corroborating documentation supporting their request.

Where a company is involved, such evidence may include documentation proving that the company is at risk of failing, losing a critical contract, or required to lay off other employees.

For example, a medical office may suffer severe financial loss if a gap in a doctor’s employment authorization would require the medical practice to lay off its medical assistants.

Where an individual is applying for an expedite based on severe financial loss, evidence of a layoff or termination may be sufficient to establish financial loss.

For example, if an individual is unable to travel for work and this would result in job loss, an expedite might be necessary.

USCIS has said that “an individual’s need to obtain employment authorization, standing alone, without evidence of other compelling factors, does not warrant expedited treatment.”

Additionally, severe financial loss can be established if the failure to expedite would result in a loss of critical public benefits or services.

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student-5473769_1280A new California legislative bill known as AB 2586 may soon grant undocumented students the ability to work on college campuses without having a work permit.

The assembly bill introduced by David Alvarez is meant to provide relief to the millions of undocumented students unable to apply for employment authorization under the Deferred Action for Childhood Arrivals (DACA) program.

As our readers may know, U.S. Citizenship and Immigration Services (USCIS) stopped processing new DACA applications in 2017, when former President Donald Trump rescinded the program. Since then, only renewal applications have been accepted by USCIS, putting millions of undocumented students out of work who can no longer apply for and obtain work permits.

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We are excited to report that the U.S. Citizenship and Immigration Services (USCIS) recently announced that they will begin fast tracking employment authorization documents (EADs) for eligible refugees after being admitted to the United States.

This new process will allow refugees admitted into the United States on or after December 10, 2023, to receive their EADs within just 30 days of entry. Eligible refugees will no longer be required to file Form I-765 Application for Employment Authorization by mail. Instead, USCIS will automate the process by digitally creating a Form I-765 for arriving refugees and begin adjudicating the application as soon as they are admitted into the country.

This will provide enormous benefits for refugees since they will no longer need to wait several months before they can begin working in the United States, making the process much more seamless.

Under the new system, refugees can expect to receive their EADs in the mail in just one to weeks after the approval of Form I-765.

USCIS will also electronically provide the Social Security Administration with the information required to assign a Social Security number and mail Social Security cards to refugees.

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girls-gd854827cc_1280Welcome back to the start of a brand-new week! In this blog post we share with you an exciting new update from the United States Citizenship and Immigration Services (USCIS).

Today, January 23, 2023, USCIS announced that it is extending the green card validity period of conditional permanent residents who have a pending Form I-751 Petition to Remove Conditions on Residence or Form I-829 Petition by Investor to Remove Conditions on Permanent Resident Status for EB-5 immigrant investors, as well as those filing new petitions.

What is this all about?

USCIS is extending validity of Permanent Resident Cards (also known as Green Cards) for a period of 48 months (4 years) beyond the green card’s expiration date for petitioners who properly file Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status.

USCIS began to implement this extension on January 11, 2023, for Form I-829 petitioners and has announced that it will start to implement the extension starting on January 25, 2023, for Form I-751 petitioners.

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In this blog post, we follow up on our previous reporting relating to a brand-new program launched by the Biden administration that will allow for the admission of up to 24,000 Venezuelans, closely following in the footsteps of the Uniting for Ukraine program.

Today, October 18, 2022, the U.S. Citizenship and Immigration Services updated its “Venezuela” webpage including all the details regarding this new program. Applications are currently being accepted by USCIS.

We break down the details for you down below.

What is this program all about?

USCIS has launched a new process that allows Venezuelan nationals and their immediate family members to come to the United States in a safe and orderly manner.

Like the Uniting for Ukraine program, nationals of Venezuela who are outside the United States and who lack U.S. entry documents will be considered for admission to the United States on a case-by-case basis.

Those who are found eligible, will receive advance authorization to travel to the United States and a temporary period of parole for up to 2 years for urgent humanitarian reasons and significant public benefit.

After being paroled into the United States, beneficiaries are eligible to apply for discretionary employment authorization from USCIS. To apply for an Employment Authorization Document (EAD), applicants must submit Form I-765, Application for Employment Authorization, using the (c)(11) category code with the required fee or apply for a fee waiver.

Using the same Form I-765 form, applicants can also apply for a Social Security number (SSN) by following the form instructions.

If you request an SSN in Part 2 (Items 13a-17.b) of your Form I-765, and your application is approved, USCIS will electronically transmit that data to the Social Security Administration (SSA), and SSA will assign you an SSN and issue you a Social Security card. SSA will mail your Social Security card directly to the address you provide on Form I-765.

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Welcome back to Visalawyerblog! We hope you had a restful and memorable Memorial Day weekend with your loved ones. In this blog post, we provide some interesting new updates from the U.S. Citizenship and Immigration Services.

In light of recent mass shootings taking place across the nation, USCIS has provided important information for the public including immigration assistance that can provide relief to individuals affected by these unfortunate tragedies, and related special situations.

On May 27, 2022, the agency issued a news alert notifying members of the public that the following measures are available to provide relief to those facing special situations and are reviewed on a case-by-case basis.

Special situation requests involving:

  • Changing a nonimmigrant status or extending a nonimmigrant stay for an individual currently in the United States.
    • Individuals who failed to apply for an extension or change of status on Form I-539, before expiration of their authorized period of admission in the U.S., may request for USCIS to excuse the filing delay, if it can be demonstrated that the delay was due to extraordinary circumstances beyond your control (i.e. a special circumstance);
  • Re-parole of individuals previously granted parole by USCIS;
  • Expedited processing of advance parole requests;
  • Expedited adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
  • Expedited adjudication of petitions or applications, including employment authorization applications, when appropriate;
  • Consideration of fee waiver requests due to an inability to pay;
  • Flexibility for those who received a Request for Evidence or a Notice of Intent to Deny but were unable to submit evidence or otherwise respond in a timely manner;
  • Flexibility for were unable to appear for a scheduled interview with USCIS;
  • Expedited replacement of lost or damaged immigration or travel documents issued by USCIS, such as a Permanent Resident Card (Green Card), Employment Authorization Document, or Form I-94, Arrival/Departure Record; and
  • Rescheduling a biometric services appointment.

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