Immigration Update

May 24, 2021 | Immigration Updates

TPS is back for Haitians!

There is a new 18-month designation period for Haitians interested in Temporary Protected Status (TPS). This new TPS designation enables Haitian nationals currently residing in the United States as of May 21, 2021to file initial applications for TPS, so long as they meet eligibility requirements. “Haiti is currently experiencing serious security concerns, social unrest, an increase in human rights abuses, crippling poverty, and lack of basic resources, which are exacerbated by the COVID-19 pandemic,” said Secretary Mayorkas. “After careful consideration, we determined that we must do what we can to support Haitian nationals in the United States until conditions in Haiti improve so they may safely return home.” Individuals eligible for TPS under Haiti’s new designation must file an application for TPS with U.S. Citizenship and Immigration Services within the registration period that will begin upon publication of notice in the Federal Register. This includes current beneficiaries under Haiti’s TPS designation, who will need to file a new application to register for TPS to ensure they do not lose TPS or experience a gap in coverage. Individuals filing for TPS may also request an Employment Authorization Document and travel authorization. All individuals applying for TPS undergo security and background checks as part of determining eligibility.

Details: https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-haiti

Trump Administration Rule Rolled Back

Returning to business as usual.  The Department of Homeland Security issued a final rule, effective May 19, 2021, vacating the Trump administrations attempt at altering the regulatory definitions and standards for “specialty occupation,” “worksite,” “third-party worksite,” “U.S. employer,” “employer-employee relationship,” and others. The final rule removes from the Code of Federal Regulations the regulatory text that DHS promulgated in the October 2020 interim final rule and restores the regulatory text to appear as it did before.

Details: Final rule, DHS, May 19, 2021, https://www.govinfo.gov/content/pkg/FR-2021-05-19/pdf/2021-10489.pdf 

Back to Top

H-2B Visa Cap Increases

The Departments of Homeland Security (DHS) and Labor (DOL) published a joint temporary final rule making available an additional 22,000 H-2B temporary nonagricultural guest worker visas for fiscal year (FY) 2021 “to employers who are likely to suffer irreparable harm without these additional workers.” Of the supplemental visas, 6,000 are reserved for workers from Honduras, El Salvador, and Guatemala (Northern Triangle). The supplemental H-2B visa allocation consists of 16,000 visas available only to returning H-2B workers from one of the last three fiscal years (FY 2018, 2019, or 2020), and 6,000 visas for Northern Triangle nationals, which are exempt from the returning worker requirement.

Details: “U.S. Departments of Homeland Security and Labor Issue Joint Rule Supplementing H-2B Visa Cap,” May 21, 2021, https://www.uscis.gov/news/news-releases/us-departments-of-homeland-security-and-labor-issue-joint-rule-supplementing-h-2b-visa-cap

Back to Top

 

Assisted Reproductive Technology Prompts Change to Acquisition of Citizenship at Birth Rules

The Department of State updates its interpretation and application of the requirements for acquisition of U.S. citizenship at birth in light of advances in assisted reproductive technology. Children born abroad to parents, at least one of whom is a U.S. citizen and who are married to each other at the time of the birth, “will be U.S. citizens from birth if they have a genetic or gestational tie to at least one of their parents and meet the [Immigration and Nationality Act’s] other requirements.” Previously, the Department’s interpretation and application of the INA required that children born abroad have a genetic or gestational relationship to a U.S. citizen parent. Requirements for children born to unmarried parents remain unchanged.

Details: U.S. Citizenship Transmission and Assisted Reproductive Technology,” May 18, 2021, https://www.state.gov/u-s-citizenship-transmission-and-assisted-reproductive-technology/

Back to Top

Related Posts:

Mastering HR: Immigration to Change Management | The Business Immigration Benchmark (039)

By Laura Bloniarz Want to stay in the loop? Subscribe here to get the latest updates on the Business Immigration Benchmark podcast and more! In this week’s episode of The Business Immigration Benchmark, I had the pleasure of speaking with J Leigh Tarzian, PHR, SHRM-SCP, an experienced HR generalist, about how HR teams support immigration programs while managing a broad range of responsibilities. Leigh shared her perspective on navigating complex HR challenges, leveraging networks, and ensuring compliance in today’s evolving workplace. For global mobility professionals navigating uncertainty, this episode provides actionable insights into how technology, compliance, and change management are shaping industry priorities. Key Takeaways: 1. The Role of an HR Generalist in Immigration: Leigh emphasized that while HR generalists are not solely focused on immigration, they play a crucial role in managing cases, working with legal counsel, and ensuring compliance. The ability to ask thoughtful questions, connect with the right experts, and stay informed is key to success. 2. Balancing Priorities in a Fast-Paced HR Environment: With HR covering everything from compliance to employee relations, Leigh shared how effective prioritization and clear communication help manage competing deadlines. She highlighted the importance of setting boundaries and using technology to stay […]

WR Immigration News Digest

Top News Removal of China, India, and Others from the Exchange Visitors Skills List The Department of State has updated its Exchange Visitors Skills List, effective December 9, 2024, removing countries like China, India, Saudi Arabia, South Korea, and the UAE. Exchange visitors from these countries are no longer subject to the two-year foreign residence requirement tied to the skills list. This change applies to J visa holders whose countries have been excluded from the revised list. Impact: Thousands of employees holding temporary visas (e.g. TN, O-1, E) will now be able to adjust status or change to H-1B.  Employers sponsoring J visa holders from the removed countries benefit from greater flexibility in retaining these workers. With the removal of the two-year return requirement, employers can explore H-1B or green card sponsorship without the employee fulfilling the two-year foreign residence requirement or seeking a waiver. Employers should stay updated on Advisory Opinion procedures for exchange visitors seeking a determination on the applicability of this requirement. Permanent 540-Day Automatic Extension for Work Permits The Department of Homeland Security has issued a final rule extending the automatic extension period for immigrant work permits from 180 days to 540 days. This measure follows […]