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Immigration Update

Jun 20, 2023 | Immigration Updates

In this edition, find the latest news on TPS Designation Extensions, USCIS Policy Updates for J Nonimmigrants, Travel Document E-Filing and more! 

DHS Reinstates, Extends TPS Designations for El Salvador, Honduras, Nepal, and Nicaragua

The Department of Homeland Security (DHS) has rescinded the Trump administration’s terminations of the temporary protected status (TPS) designations for El Salvador, Honduras, Nepal, and Nicaragua, and extended TPS for these countries for 18 months.  

Upcoming Federal Register notices will explain the eligibility criteria, timelines, and procedures necessary for current beneficiaries to re-register for TPS and renew their employment authorization documents (EADs). Once the notices are published, existing TPS beneficiaries under the four designations will be able to re-register to continue their TPS throughout the 18-month extension, DHS said. Those who arrived in the United States after the continuous residence dates for these designations are not eligible for TPS. Those dates are February 13, 2001 (El Salvador); December 30, 1998 (Honduras and Nicaragua); and June 24, 2015 (Nepal). 

Below are details about the date ranges for the extension and re-registration period for each country: 

  • El Salvador. DHS is extending the designation of El Salvador from September 10, 2023, through March 9, 2025. The new extension allows approximately 239,000 current TPS beneficiaries to re-register to retain TPS through March 9, 2025. Existing TPS beneficiaries who wish to extend their status through that date must re-register during the 60-day re-registration period from July 12, 2023, through September 10, 2023. 
  • Honduras. DHS is extending the designation of Honduras for TPS from January 6, 2024, through July 5, 2025. The new extension allows approximately 76,000 existing TPS beneficiaries to re-register to retain TPS through July 5, 2025. Existing TPS beneficiaries who wish to extend their status through that date must re-register during the 60-day re-registration period from November 6, 2023, through January 5, 2024. 
  • Nepal. DHS is extending the designation of Nepal for TPS from December 25, 2023, through June 24, 2025. The new extension allows approximately 14,500 existing TPS beneficiaries to re-register to retain TPS through June 24, 2025. Existing TPS beneficiaries who wish to extend their status through that date must re-register during the 60-day re-registration period from October 24, 2023, through December 23, 2023. 
  • Nicaragua. DHS is extending the designation of Nicaragua for TPS January 6, 2024, through July 5, 2025. The new extension allows approximately 4,000 current TPS beneficiaries to re-register to retain TPS through July 5, 2025. Existing TPS beneficiaries who wish to extend their status through that date must re-register during the 60-day re-registration period from November 6, 2023, through January 5, 2024. 

Details: 

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USCIS Updates Policy on Its Role in Adjudicating Waivers and Change-of-Status for J Nonimmigrant Exchange Visitors

U.S. Citizenship and Immigration Services (USCIS) has updated policy guidance regarding the nonimmigrant exchange visitor (J) visa classification, including USCIS’s role in the adjudication of waivers of the two-year foreign residence requirement and change-of-status requests. The guidance: 

  • Provides general information about the exchange visitor (J) visa classification and explains USCIS’s role in adjudicating change-of-status requests and applications for employment authorization for J-2 family members. 
  • Explains the INA § 212(e) foreign residence requirement and provides information about USCIS’s adjudication of available waivers, including for foreign medical graduates. 

Details: 

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Certain Individuals Requesting Parole Can Now File Applications for Travel Documents Online

U.S. Citizenship and Immigration Services (USCIS) announced on June 9, 2023, that certain individuals requesting parole based on urgent humanitarian reasons or significant public benefit can file Form I-131, Application for Travel Document, online. 

The following individuals are eligible to file Form I-131 online: 

  • Individuals requesting parole based on urgent humanitarian reasons or significant public benefit for an individual outside the United States (under application types 1.e. or 1.f. on the paper Form I-131) who are not seeking initial parole under a USCIS family reunification parole process (i.e., under the Cuban Family, Haitian Family, or Filipino World War II Veterans Parole Programs); or 
  • Individuals already paroled inside the United States who are requesting a new period of parole, or re-parole (under application types 1.e. or 1.f. on the paper Form I-131), to remain in the United States. 

USCIS said it will deny applications and not refund fees paid for those who file Forms I-131 online but are not eligible to do so. 

Details: 

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DHS Updates Guidance on Parole Periods, Work Authorization for Certain Afghan and Ukrainian Parolees

The Department of Homeland Security (DHS) has released updated guidance on parole periods and employment authorization for certain Afghan and Ukrainian parolees: 

Extension of Parole Period 

Effective June 9, 2023, through July 31, 2024, DHS will consider, on a case-by-case basis for urgent humanitarian reasons or significant public benefit, a two-year extension of the original parole period for Afghan parolees who have already applied for asylum or for adjustment to lawful permanent resident (LPR) status (such as adjustment of status as a special immigrant). These Afghan parolees who have already applied for asylum or LPR status do not need to apply for re-parole. If approved, USCIS will extend their original employment authorization and send a Form I-797C, Notice of Additional Action, to their last address of record with USCIS. If these Afghan parolees require an updated Employment Authorization Document (EAD) in addition to the Form I-797C, they may file a fee-exempt Form I-765, Application for Employment Authorization, with USCIS under category (c)(11).  

Employment Authorization Incident to Parole 

Also, effective June 8, 2023, certain additional Afghan and Ukrainian parolees are work authorized incident to parole, including: 

  • Afghan parolees whose unexpired Form I-94 contains a class of admission of “OAR” or “PAR” and indicates Afghanistan as the country of citizenship on the document. Eligible Afghan parolees paroled into the United States on or after July 31, 2021, who did not receive an “OAR” or “PAR” class of admission on their Forms I-94 should email U.S. Customs and Border Protection (CBP) at oawi94adjustments@cbp.dhs.gov to update their class of admission, if appropriate; 
  • Ukrainian parolees whose unexpired Form I-94 contains a class of admission of “UHP”; and 
  • Ukrainian parolees whose unexpired Form I-94 contains a class of admission of “DT” issued between February 24, 2022, and September 30, 2023, and indicates Ukraine as the country of citizenship on the document. 

For these parolees, DHS said, their unexpired Form I-94 is an acceptable receipt they may present to their employer to show their identity and employment authorization for the purposes of Form I-9 employment eligibility verification. This satisfies the Form I-9 requirement for up to 90 days from the date of hire (or in the case of reverification, the date employment authorization expires), DHS said. 

Details: 

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