Immigration Update – August 21, 2023

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Securities:

DHS and USCIS reopen their field office in Havana, Cuba – The Havana office will assist with U.S. immigration benefits and services. Havana field office services will be available by appointment only.

Ukraine GST extended, redesignated; Announcement of special aid for students – The Department of Homeland Security (DHS) extends and redesignates Ukraine to Temporary Protected Status. DHS also announced special aid for students in Ukraine.

Sudan GST extended, redesignated; Announcement of special aid for students – The Department of Homeland Security (DHS) extends and redesignates Sudan to Temporary Protected Status. DHS also announced special assistance for students in Sudan.

Processing of F-1 EADs may take one to two weeks after decision, says CIS mediator – The CIS Ombudsman reminds stakeholders that bonus processing times are separate from work permit production times.

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DHS and USCIS reopen their field office in Havana, Cuba

On August 17, 2023, the Department of Homeland Security (DHS), through United States Citizenship and Immigration Services (USCIS), announced the reopening of an international office in Havana, Cuba .

According to a DHS press release, “USCIS’s renewed presence in Cuba is part of an effort to restore USCIS’s footprint outside the United States. These efforts are consistent with the Biden-Harris Administration’s commitment to facilitating safe, legal, and orderly migration while discouraging irregular and dangerous maritime migration. Under the previous administration, DHS explained, USCIS closed the Havana field office on December 10, 2018, due to a reallocation of agency resources and the long-term suspension of operations in 2017 after the State Department ordered all non-essential personnel and their families. leave Cuba.

The Havana office will assist with U.S. immigration benefits and services, including conducting interviews and processing Cuban Family Reunification Parole (CFRP) and refugee petitions. /asylums. The USCIS Havana Field Office will also provide other limited services, which may include refugee processing and other limited services by appointment, such as biometric data collection for U visa applications. Havana field office services will be available by appointment only.

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Ukraine GST extended, redesignated; Announcement of special aid for students

The Department of Homeland Security (DHS) is extending and redesignating Ukraine to Temporary Protected Status (TPS). The extension allows approximately 26,000 current beneficiaries to retain TPS until April 19, 2025, if they continue to meet TPS eligibility requirements. An estimated 166,700 additional people could be eligible for TPS under Ukraine’s new designation. This population includes Ukrainian nationals (and non-citizenship individuals whose last habitual residence was in Ukraine) in the United States with nonimmigrant status or without legal immigration status, DHS said. DHS also announced special aid for students in Ukraine.

THE extension is for 18 months, beginning October 20, 2023 and ending April 19, 2025. Current TPS recipients who wish to extend their status until April 19, 2025 must re-enroll during the 60-day re-enrollment period ( August from October 21, 2023 to October 20, 2023). Recognizing that not all re-enrollees may receive a new Employment Authorization Document (EAD) before their current EAD expires, United States Citizenship and Immigration Services (USCIS) automatically extends Ukrainian TPS-related EADs previously issued until October 19, 2024.

THE redesignation of Ukraine allows additional Ukrainian nationals (and non-citizens who last ordinarily resided in Ukraine) who have continuously resided in the United States since August 16, 2023, to apply for TPS for the first time during from the initial registration period (August 21). , 2023, until April 19, 2025).

The Federal Register notice explains the eligibility criteria, deadlines, and procedures necessary for current beneficiaries to re-enroll and renew their Employment Authorization Documents (EADs), and for new applicants to submit an initial application in within the framework of the new designation and request an EAD.

Additionally, from October 20, 2023 to April 19, 2025, DHS is suspend certain regulatory requirements for nonimmigrant F-1 students whose country of citizenship is Ukraine, regardless of country of birth (or persons without nationality whose last habitual residence was in Ukraine), and who are experiencing serious economic difficulties due to the current war in Ukraine. These students can apply for work authorization, work increased hours during classes, and reduce their course load while maintaining their F-1 nonimmigrant student status. DHS has stated that it will consider a nonimmigrant F-1 student with such work authorization to be engaged in a “full course of study” for the duration of the work authorization, if the student nonimmigrant meets the minimum course load requirement described in the notice.

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Sudan GST extended, redesignated; Announcement of special aid for students

The Department of Homeland Security (DHS) is extending and redesignating Sudan to Temporary Protected Status (TPS). The extension allows approximately 1,200 current beneficiaries to retain TPS until April 19, 2025, if they continue to meet TPS eligibility requirements. An estimated 2,750 additional people could be eligible for TPS under Sudan’s new designation. This population includes Sudanese nationals (and non-national individuals who ordinarily resided in Sudan) in the United States with nonimmigrant status or without legal immigration status, DHS said. DHS also announced special assistance for students in Sudan.

THE extension is for 18 months, beginning October 20, 2023 and ending April 19, 2025. Current TPS recipients who wish to extend their status until April 19, 2025 must re-enroll during the 60-day re-enrollment period ( August from October 21, 2023 to October 20, 2023).

THE redesignation of Sudan allows additional Sudanese nationals (and non-nationals who last ordinarily resided in Sudan) who have resided continuously in the United States since August 16, 2023, to apply for TPS for the first time during the initial registration period, which begins on the date of publication in the Federal Register and is effective through April 19, 2025.

The Federal Register notice explains the eligibility criteria, deadlines, and procedures necessary for current beneficiaries to re-enroll and renew their Employment Authorization Documents (EADs), and for new applicants to submit an initial application under the new designation and request an EAD.

Additionally, from October 20, 2023 to April 19, 2025, DHS is suspend certain regulatory requirements for nonimmigrant F-1 students whose country of citizenship is Sudan, regardless of their country of birth (or persons without nationality whose last habitual residence was in Sudan), and who are experiencing serious economic difficulties as a direct result of the current crisis in Sudan. These students can apply for work authorization, work increased hours during classes, and reduce their course load while maintaining their F-1 nonimmigrant student status. DHS has stated that it will consider a nonimmigrant F-1 student with such work authorization to be engaged in a “full course of study” for the duration of the work authorization, if the student nonimmigrant meets the minimum course load requirement described in the notice.

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Processing of F-1 EADs may take one to two weeks after decision, says CIS mediator

Earlier this year, United States Citizenship and Immigration Services (USCIS) rolled out premium processing for F-1 students seeking Optional Practical Training (OPT) or OPT extensions in science, technology, engineering and mathematics (STEM). As students began filing premium processing requests, stakeholders informed the Citizenship and Immigration Services (CIS) Ombudsman that they were experiencing delays in receiving their employment authorization documents (DEA). The SIC Ombudsman reminds stakeholders that bonus processing times are separate from work permit production times.

Specifically, the 30-day premium processing time does not include the time required to produce an EAD. When an F-1 student files Form I-907, Request for Premium Processing Service, for an Application for Work Authorization (Form I-765), the EAD may take one to two weeks to be produced after the United States Citizenship and Immigration Services (USCIS) approves the application for Form I-765. USCIS will then send the EAD via the US Postal Service “Informed Delivery”. Wait times may vary depending on USPS delivery times.

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