Securities:
USCIS releases additional details on organizational accounts – U.S. Citizenship and Immigration Services released additional details about launching its organizational accounts in February 2024, in time for the FY 2025 H-1B capping season.
USCIS May Excuse Late Filing of Extension of Stay and Change of Status Applications Under “Extraordinary Circumstances” – U.S. Citizenship and Immigration Services updated its policy guidance to provide that USCIS, “at our discretion and under certain conditions, may excuse a nonimmigrant’s failure to have timely filed a request for an extension of stay or change of status if the delay was due to extraordinary circumstances beyond the control of the applicant or petitioner.
DHS Announces “Streamlined and Expedited” Deferred Action Process for Non-Citizen Workers Who Are Victims or Witnesses of Labor Rights Violations – Non-citizen workers who are victims or witnesses of labor rights violations can now access a “streamlined and expedited deferred action request process.” The Department of Homeland Security explained that deferred action “protects non-citizen workers from threats of immigration-related retaliation from exploitative employers.”
DHS Expands and Redesignates Syria for TPS, Announces Student Aid – Department of Homeland Security extends and redesignates Syria to Temporary Protected Status. DHS also announced special assistance for non-immigrant F-1 students whose country of citizenship is Syria.
USCIS announces new process for paying certain benefits applications by mail or remotely – U.S. Citizenship and Immigration Services announced a new process allowing most applicants, petitioners, and applicants, and their attorneys and accredited representatives, to pay for certain benefit application forms by mail or remotely rather than in person in a field office.
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USCIS releases additional details on organizational accounts
During a public engagement session, United States Citizenship and Immigration Services (USCIS) revealed additional details about the launch of its organizational accounts in February 2024, in time for uncapped filings and FY 2025 H-1B capping season. USCIS note:
- A company may designate representatives who will have the authority to review, sign on behalf of the company, and pay (if necessary) filing fees associated with submissions. These designated persons will be considered as the “Administrators” for the business and will either need to create their own USCIS accounts or leverage existing ones if they served as representatives of the business for H-1B cap registration purposes.
- For companies, Administrators will have a wide range of account management capabilities, from creating workgroups to inviting other administrators, teams of legal representatives or regular workgroup members to collaborate on projects at within the created business group. Administrators are also the only account holders authorized to review, sign and submit documents on behalf of the organization.
The Alliance of Business Immigration Lawyers (ABIL) recommends that businesses contact their ABIL attorney for advice and assistance regarding the new platform.
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USCIS May Excuse Late Filing of Extension of Stay and Change of Status Applications Under “Extraordinary Circumstances”
On January 24, 2024, United States Citizenship and Immigration Services (USCIS) updated its policy guidance to provide that USCIS, “at our discretion and under certain conditions, may excuse the fact that a nonimmigrant failed to timely file an application for extension of stay or change of status if the delay was due to extraordinary circumstances beyond the control of the applicant or petitioner.
USCIS has stated that extraordinary circumstances may include, for example, work slowdowns or stoppages involving a strike, lockout or other labor dispute, or the inability to obtain a certified request for labor conditions. work or temporary work certification due to a disruption in government funding supporting these certifications. .
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DHS Announces “Streamlined and Expedited” Deferred Action Process for Non-Citizen Workers Who Are Victims or Witnesses of Labor Rights Violations
On January 13, 2024, the Department of Homeland Security (DHS) announced that non-citizen workers who are victims of or witnesses to labor rights violations can now access a “streamlined and expedited deferred action request process.” . DHS explained that deferred action “protects non-citizen workers from threats of immigration-related retaliation from…exploitative employers.”
DHS said that in addition to providing new guidance to employment agencies regarding deferred action request processes for certain workers, DHS will also provide a single point of intake for deferred action requests from of non-citizen workers supported by labor law enforcement agencies. In addition to meeting individual criteria to facilitate case-by-case determinations, DHS said, deferred action requests submitted through this centralized process “must include a letter (a statement of interest) from an agency for l federal, state, or local employment request requesting DHS to consider exercising its discretion on behalf of workers employed by companies identified by the agency as having labor disputes related to laws within its jurisdiction.
Discretionary Deferred Action grants under this process will typically last two years, DHS said. Individuals receiving deferred action may be eligible for work authorization if they can demonstrate economic necessity for the job. They may also be eligible for deferred further action “if an employment agency has a continuing investigative or enforcement interest in the matter identified in its original letter supporting the use of discretion.” of DHS prosecutions,” DHS said.
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DHS Expands and Redesignates Syria for TPS, Announces Student Aid
The Department of Homeland Security (DHS) is expanding and redesignating Syria to Temporary Protected Status (TPS).
DHS also announced special assistance for F-1 nonimmigrant students from Syria. DHS said this will allow eligible students to apply for work authorization, work increased hours during classes, and reduce their course load while continuing to maintain their F-1 status during the designation period. GST.
Below are highlights of the expansion and new designation.
Extension. TPS will be extended for Syria for 18 months, starting April 1, 2024, and ending September 30, 2025. DHS said this extension allows current TPS recipients to keep TPS until September 30, 2025, s They also continue to meet the eligibility conditions. requirements for TPS. Current TPS beneficiaries who wish to extend their status through September 30, 2025 must re-enroll during the 60-day re-enrollment period, which will begin on the date the notice is published in the Federal Register (which is expected to be January 29 2025). 2024) and will last 60 days.
Redesignation. DHS also redesignates Syria for TPS. The agency explained that the new designation allows other Syrian nationals (and non-citizens who last ordinarily resided in Syria) who have resided continuously in the United States since January 25, 2024, to apply for the TPS for the first time during initial registration. period, which will begin on the date of publication of the notice in the Federal Register (scheduled for January 29, 2024) and will remain in effect until September 30, 2025. In addition to demonstrating continuous residence in the United States since 25 January, 2024, and meeting other eligibility criteria, initial applicants for TPS under this designation must demonstrate that they have been continuously physically present in the United States since April 1, 2024.
DHS said: “It is important that re-enrollees re-enroll in a timely manner during the re-enrollment period and do not wait for their Employment Authorization Documents (EADs) to expire, as delaying re-enrollment could result in gaps in their employment authorization documents.
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USCIS announces new process for paying certain benefits applications by mail or remotely
On January 26, 2024, the United States Citizenship and Immigration Services (USCIS) announced a new process allowing most applicants, petitioners, applicants, and their attorneys and accredited representatives, to pay for certain forms request for benefits by mail or remotely rather than in person in the field. desk. Under the new process, applicants can mail either a check or Form G-1450, Authorization for Credit Card Transactions, to the field office with their request for benefits.
Additionally, USCIS said, attorneys and accredited representatives can now process payments for EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a DHS Officer’s Decision, via a link in the email they receive or via text message from the USCIS contact center. Once such payment has been processed, attorneys and accredited representatives must mail their client’s EOIR-29; their EOIR-27, Notice of Registration to Appear as Attorney or Representative Before the Board of Immigration Appeals; and their Pay.gov receipt at the field office.
One exception to the new process is requests for emergency advance parole (EAP), USCIS said. Candidates submitting Form I-131, Request for Travel Documentwith an EAP application, must always make an appointment with the USCIS contact center, apply in person with their file (completed form and supporting documents) and pay the application fee (if applicable) by credit card. credit with Form G-1450 or by check to the field office.
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