Visa Lawyer Blog

Articles Posted in USCIS

by

family-1150995_1280New details have recently been provided by the U.S. Citizenship and Immigration Services (USCIS) regarding the Parole in Place application process for undocumented spouses and stepchildren of U.S. Citizens, also known as “Keeping Families Together.”

USCIS will begin accepting online applications for Parole in Place on August 19, 2024, using a new electronic form called Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens. The form will not be available to file by mail.

USCIS reminds the public that any PIP applications received prior to August 19th will not be accepted.

Applicants should be aware that complete details about the parole application process will soon be posted in the Federal Register.

I-131F Parole in Place Eligibility Requirements

A noncitizen spouse or stepchild of a U.S. citizen may request parole in place under this process if they:

  • Are present in the United States without admission or parole
  • Have been continuously physically present in the United States:
    • Since at least June 17, 2014, if seeking parole in place as the spouse of a U.S. citizen; OR
    • As of June 17, 2024, if seeking parole in place as the stepchild of a U.S. citizen

And they have:

  • A legally valid marriage to a U.S. citizen as of June 17, 2024, if seeking parole in place as the spouse of a U.S. citizen; OR
  • A parent who had a legally valid marriage to a U.S. citizen on or before June 17, 2024, and before the stepchild’s 18th birthday, if seeking parole in place as the stepchild of a U.S. citizen
  • No disqualifying criminal history; and
  • Do not pose a threat to national security and public safety

Individuals who are granted parole under this process will receive parole for a 3-year period from the date of approval.

As long as your parole remains valid, you will be considered in a period of authorized stay, and you will be permitted to apply for adjustment of status to lawful permanent resident (a green card) by filing Form I-485 with USCIS.

Individuals granted parole are also immediately eligible to apply for an Employment Authorization Document (EAD) from USCIS and can do so by submitting a completed Form I-765, Application for Employment Authorization, using the (c)(11) category code.

Continue reading

by

september-5459588_1280The U.S. Department of State’s Bureau of Consular Affairs recently published the September Visa Bulletin. In this blog post, we breakdown the movement of the employment-based and family-sponsored categories in the coming month.

USCIS Adjustment of Status

For employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will continue to use the Final Action Dates chart to determine filing eligibility for adjustment of status to permanent residence in the month of September.

For family-sponsored preference categories, USCIS will continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of September.

Highlights of the September 2024 Visa Bulletin

Employment-Based Categories

EB-3 Final Action Dates

  • The Final Action date for EB-3 Professionals and Skilled Workers will retrogress by one year, to December 1, 2020, for all countries, except for China and India
  • The Final Action date for EB-3 Other Workers will retrogress by one month, to December 1, 2020, for all countries except China, India, and Philippines

Other Categories

  • The Final Action dates and Dates for Filing for the remaining employment-based categories remain unchanged from the August Visa Bulletin

Employment Based Demand Will Reach FY 2024 Limits in September  

  • The State Department warns applicants that there has been in an increase in demand for employment-based visas during the fiscal year. Due to this, the employment-based categories will reach the numerical limits during September, or even sooner.

Family-Sponsored Categories

  • The Final Action dates and Dates for Filing for the family-sponsored categories remain unchanged from the August Visa Bulletin

Now let’s dive into our analysis.

Continue reading

by

winner-4149321_1280In this post, we share exciting news for participants of the H-1B FY 2025 electronic registration cap season!

On August 5, 2024, the U.S. Citizenship and Immigration Services (USCIS) announced that it conducted a second lottery to reach the annual numerical limit for the regular cap.

The second lottery selected additional beneficiaries from previously submitted electronic registrations for the H-1B Fiscal Year 2025 cap season.

Petitioners with selected registrations in the second lottery have been notified via their myUSCIS organizational accounts online that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.

USCIS reminds petitioners that only those with selected registrations are eligible to file an H-1B  cap-subject petition during the filing period indicated on the selection notice. The period for filing the H-1B cap-subject petition will be at least 90 days. Petitioners will need to include a copy of the applicable selection notice with their FY 2025 H-1B cap-subject petition found on their myUSCIS online accounts.

Unfortunately, a second lottery was not conducted for the advanced degree exemption (also known as the master’s cap), because USCIS reached the annual numerical limit after the first lottery was completed.

Petitioners should be aware that having a selected registration gives you the ability to file an H-1B cap-petition with USCIS, however it does not mean that your case has been approved. You have the burden of proving eligibility for your petition, including the submission of all supporting documentation for your case, and you must await adjudication to receive a final decision from USCIS.

Continue reading

by

traffic-signs-464641_1280In this blog post we bring you some breaking news.

On Friday August 2, 2024, the Biden administration announced that it has paused the humanitarian parole program for nationals of Cuba, Haiti, Nicaragua, and Venezuela, effective immediately due to concerns regarding fraudulent filings and potential abuse of the program.

This means that the Department of Homeland Security (DHS) will temporarily pause the issuance of travel authorizations for new beneficiaries of the program seeking parole, while the agency implements additional security screenings and vets U.S. supporters who sponsor qualifying nationals to arrive in the United States.

While sponsors can still submit the Form I-134A Declaration of Support on the USCIS webpage, these applications will not be approved until further notice.

Only once new safeguards have been put in place, the agency will restart the processing of applications.

Please note that foreign nationals who have already been admitted through the program, will not be impacted by the pause.

Why was the Parole Program paused?

DHS officials have said that it stopped processing new parole applications in mid-July due to an internal report that highlighted potential abuse by U.S.-based sponsors, such as the filing of multiple applications from a single sponsor.

The Federation for American Immigration Reform (FAIR) obtained a copy of the report and released a statement of the findings which shows that thousands of I-134A declarations were filed containing fraudulent information, such as fake Social Security Numbers (SSNs), as well as SSNs belonging to deceased individuals, the use of false phone numbers, and filings using the same physical address.

According to the statement, “Some 100 addresses were listed on over 19,000 forms, and many parole applicants applied from a single property (including a mobile park home, warehouse, and storage unit). In addition, many applications were submitted by the same IP address…the same exact answers to Form I-134A questions were provided on hundreds of applications – in some instances, the same answer was used by over 10,000 applicants.”

These concerns have led the government to put in place further mechanisms to prevent such abuse.

Continue reading

by

people-4417185_1280Recently the U.S. Citizenship and Immigration Services (USCIS) announced new changes to the International Entrepreneur Rule effective October 1, 2024.

What is the International Entrepreneur Rule

The International Entrepreneur Rule (IER), was first established by the Department of Homeland Security (DHS) in 2017.

The program allows noncitizen entrepreneurs to live and work in the United States temporarily, if they can demonstrate that their businesses will provide a significant public benefit to the United States via economic benefits and job creation.

Those granted parole under the program are eligible to work for their startup companies for an initial period of 2 ½ years, and their dependents can accompany them to the United States.

The current requirements of the International Entrepreneur parole program are as follows:

  • Entrepreneurs already in the United States and those residing overseas are eligible to apply
  • Start-up entities must have been formed in the United States within the past five years
  • Start-up entities must demonstrate substantial potential for rapid growth and job creation by showing at least $264,147 in qualified investments from qualifying investors, at least $105,659 in qualified government awards or grants, or alternative evidence
  • The spouse of the entrepreneur may apply for employment authorization after being paroled into the United States
  • The entrepreneur may be granted an initial parole period of up to 2½ years. If approved for re-parole, based on additional benchmarks in funding, job creation, or revenue described below, the entrepreneur may receive up to another 2½ years, for a maximum of 5 years under the program

New Increases to Qualifying Investment Amounts

  • Initial Applications: Starting October 1st to demonstrate the businesses’ potential for growth and job creation, initial applicants will need to show at least $311,071 in qualified investments from qualifying investors, at least $124,429 in qualified government awards or grants, or, if only partially meeting the threshold investment or award criteria, alternative evidence of the start-up entity’s substantial potential for rapid growth and job creation.
  • Re-parole Applications: For those applying for a second period of authorized stay, the entrepreneur must demonstrate that the start-up entity has either:
    • Received a qualified investment, qualified government grants or awards, or a combination of such funding, of at least $622,142(currently $528,293);
    • Created at least five qualified jobs; or
    • Reached annual revenue in the United States of at least $622,142 (currently $528,293) and averaged at least 20% in annual revenue growth.

Continue reading

by

somalia-1758976_1280In 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 September 18, 2024 through March 17, 2026.

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).

Current TPS beneficiaries who wish to extend their status through March 17, 2026, must re-register during the 60-day re-registration period from July 22, 2024, through September 20, 2024, to ensure they keep their TPS and employment authorization.

Extension of Somalia’s Designation for TPS

On July 19, 2024, 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 September 18, 2024, through March 17, 2026 (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 600 current beneficiaries to retain TPS through March 17, 2026, if they re-register and continue to meet TPS eligibility requirements.

The redesignation of Somalia for TPS also allows an estimated 4,300 additional Somali nationals to file initial applications for TPS, if they are otherwise eligible. Such individuals must have established residence in the United States on or before July 12, 2024, and have maintained continuous residence since then.

Continue reading

by

family-1266188_1280We are pleased to provide our readers with important new updates regarding President Biden’s recent executive order that creates a pathway to permanent residency for undocumented spouses of U.S. Citizens who have been living in the U.S. for at least 10 years, as of June 17, 2024.

Those who qualify can apply for “parole in place” a new discretionary program to legalize their status while remaining in the United States.

This program is designed to promote family unity, while eliminating the need for undocumented spouses of U.S. Citizens to travel outside the United States to legalize their status through the extreme hardship “waiver” process.

Eligibility Requirements

To be considered for a discretionary grant of parole, spouses of U.S. citizens must:

  • Be present in the United States without admission or parole (entered without inspection);
  • Have been continuously present in the United States for at least 10 years as of June 17, 2024;
  • Have a legally valid marriage to a U.S. citizen as of June 17, 2024;
  • Not have any disqualifying criminal history or otherwise constitute a threat to national security or public safety; and
  • Otherwise merit a favorable exercise of discretion.

Noncitizen children are also eligible for parole if, as of June 17, 2024, they were physically present in the United States without admission or parole and have a qualifying stepchild relationship with the U.S. citizen.

For complete details regarding the program, please visit our parole in place webpage here.

What We Know

Although we do not yet know what forms must be filed along with the associated filing fees, USCIS has announced that it will begin accepting parole applications on August 19, 2024.

More information about the application process and filing fees will soon be published in a forthcoming Federal Register notice. We will provide those details on our blog as soon as they are available.

Continue reading

by

state-2731980_1280In this blog post, we share with you an important announcement from the United States Citizenship and Immigration Services (USCIS).

On July 8, 2024, the Department of Homeland Security announced an extension of Temporary Protected Status (TPS) benefits for Yemeni nationals for an 18-month period beginning from September 4, 2024 through March 3, 2026.

The Biden administration has made the decision to extend Temporary Protected Status for Yemeni nationals due to ongoing armed conflict and extraordinary and temporary conditions that prevent Yemeni nationals from safely returning to their home country.

Yemeni nationals (and individuals having no nationality who last habitually resided in Yemen) continuously residing in the United States since July 2, 2024, are eligible for Temporary Protected Status under Yemen’s designation.

Existing beneficiaries of TPS may re-register to maintain their benefits during the 60-day re-registration period that runs from July 10, 2024, through September 9, 2024.

Those who do not currently have TPS but who qualify for TPS benefits can register from July 10, 2024, through March 3, 2026.

It is important for re-registrants to timely re-register during the registration period and not wait until their Employment Authorization Documents (EADs) expire, as delaying reregistration could result in gaps in their employment authorization documentation.

The main benefit of applying for TPS 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).

Continue reading

by

design-5467034_1280We are pleased to inform our readers that yesterday July 9th, the U.S. Department of State’s Bureau of Consular Affairs released the August Visa Bulletin. In this blog post we breakdown the projected movement of the employment-based and family-sponsored categories in the month of August.

USCIS Adjustment of Status

For employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed that in August it will continue to use the Final Action Dates chart to determine filing eligibility for adjustment of status to permanent residence.

For family-sponsored preference categories, USCIS will continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence.

Highlights of the August 2024 Visa Bulletin

Employment-Based Categories

Final Action and Dates for Filing EB-2 and EB-3 India Advancement 

  • The Final Action date for EB-2 India will advance to July 15, 2012 and the Date for Filing to July 22, 2012
  • The Final Action date for EB-3 India will advance to October 22, 2012 and the Date for Filing to November 1, 2012

Other Categories

  • The Final Action dates and Dates for Filing for the remaining employment-based categories remain the same as the July Visa Bulletin

EB-3 Retrogression in September

  • The State Department warns applicants that the EB-3 Final Action date will likely retrogress or become unavailable in the September Visa Bulletin

Family-Sponsored Categories

Dates for Filing Advancements

F-2A Spouses and Children of Permanent Residents

  • F2A All countries will advance by seven and a half months to June 15, 2024 (from November 1, 2023)

F3 Married Sons and Daughters of U.S. Citizens

  • Except for Mexico and the Philippines, all other countries will advance by three months to January 1, 2011 (from October 1, 2010)

F-4 Brothers and Sisters of Adult U.S. Citizens

  • F4 Mexico will advance by two days to April 30, 2001

Final Action Date Advancements

F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents

  • F2B Mexico will advance by one week to July 15, 2004

Continue reading