USCIS Will Only Consider CW-1 Petitions Approved

 U.S. Citizenship and Immigration Services is clarifying its Aug. 25, 2020, policy on implementing the requirement that workers leave the United States for at least 30 days after two renewals of their CNMI-Only Transitional Worker (CW-1) visa classification.

Effective immediately, the only CW-1 petitions we will classify as consecutive petitions for purposes of the temporary departure requirement are approved CW-1 petitions that have a starting validity date on or after June 18, 2020. Any extension of CW-1 status granted on or after June 18, 2020, will be considered a consecutive petition if the extension has a starting validity date on or after that date (and not backdated before that date). Read more at: https://www.uscis.gov/newsroom/alerts/uscis-will-only-consider-cw-1-petitions-approved-and-with-starting-validity-on-or-after-june-18-2020

Contact Darren Heyman, immigration attorney, for more information.

DHS Designates Ethiopia for Temporary Protected Status for 18 Months

 WASHINGTON – Today, the Department of Homeland Security (DHS) announced the designation of Ethiopia for Temporary Protected Status (TPS) for 18 months. Only individuals who are already residing in the United States as of October 20, 2022 will be eligible for TPS.

“The United States recognizes the ongoing armed conflict and the extraordinary and temporary conditions engulfing Ethiopia, and DHS is committed to providing temporary protection to those in need,” said Secretary of Homeland Security Alejandro N. Mayorkas. “Ethiopian nationals currently residing in the U.S. who cannot safely return due to conflict-related violence and a humanitarian crisis involving severe food shortages, flooding, drought, and displacement, will be able to remain and work in the United States until conditions in their home country improve.” Read more at: https://www.uscis.gov/newsroom/news-releases/dhs-designates-ethiopia-for-temporary-protected-status-for-18-months

Contact Darren Heyman, immigration attorney, for more information.

USCIS Extends COVID-19-related Flexibilities

 U.S. Citizenship and Immigration Services is extending certain COVID-19-related flexibilities through Jan. 24, 2023, to assist applicants, petitioners, and requestors. Under these flexibilities, USCIS considers a response received within 60 calendar days after the due date set forth in the following requests or notices before taking any action, if the request or notice was issued between March 1, 2020, and Jan. 24, 2023, inclusive:

• Requests for Evidence;
• Continuations to Request Evidence (N-14);
• Notices of Intent to Deny;

Read more at: https://www.uscis.gov/newsroom/alerts/uscis-extends-covid-19-related-flexibilities-0

Contact Darren Heyman, immigration attorney, for more information.

USCIS Form and Policy Updates Remove Barriers to Naturalization for Applicants with Disabilities

 WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced updated policy guidance to clarify and conform with the revision of Form N-648, Medical Certification for Disability Exceptions.

Consistent with this administration’s goal of removing barriers to legal immigration under President Biden’s Executive Order 14012, Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans, Form N-648 has been shortened and simplified, and new telehealth guidelines further remove barriers for applicants and medical professionals. The form revisions are also in response to this administration’s goal to remove barriers for underserved populations under Executive Order 13985, Advancing Racial and Equity and Support for Underserved Communities Through the Federal Government. Changes were guided by public comments and feedback received in response to a Federal Register notice regarding the form, and a Request for Public Input (RPI), Identifying Barriers Across USCIS Benefits and Services, both published in April 2021. Read more at: https://www.uscis.gov/newsroom/news-releases/uscis-form-and-policy-updates-remove-barriers-to-naturalization-for-applicants-with-disabilities

Contact Darren Heyman, immigration attorney, for more information.

DHS to Supplement H-2B Cap with Nearly 65,000 Additional Visas for Fiscal Year 2023

 

WASHINGTON— Today the Department of Homeland Security (DHS), in consultation with the Department of Labor (DOL), announced that it will be issuing a regulation that will make available to employers an additional 64,716 H-2B temporary nonagricultural worker visas for fiscal year (FY) 2023, on top of the 66,000 H-2B visas that are normally available each fiscal year. By making these supplemental visas available at the outset of the fiscal year, which began on October 1, 2022, DHS is acting swiftly to address employers’ needs for additional seasonal workers. At the same time, DHS and DOL are working together to institute robust protections for U.S. and foreign workers alike, including by ensuring that employers first seek out and recruit American workers for the jobs to be filled, as the visa program requires, and that foreign workers hired are not exploited by unscrupulous employers. To strengthen these efforts, DHS and DOL also announced the creation of a new White House-convened Worker Protection Taskforce, as described below.

Read more at: https://www.uscis.gov/newsroom/news-releases/dhs-to-supplement-h-2b-cap-with-nearly-65000-additional-visas-for-fiscal-year-2023

Contact Darren Heyman, immigration attorney, for more information. 

USCIS Updates Military Naturalization Guidance for Calixto Class Members

 U.S. Citizenship and Immigration Services published updated guidance in the USCIS Policy Manual as a result of a settlement agreement in Calixto v. Department of the Army, Civ. A. No. 18-1551 (PLF) (D.D.C.), known as the Calixto Agreement. In the Calixto Agreement, effective Sept. 22, 2022, the U.S. Army agreed to certify Form N-426, Request for Certification of Military or Naval Service, for Calixto class members. As a result, these class members may become eligible for naturalization under section 329 of the Immigration and Nationality Act (INA), even before attending initial entry training. This update applies only to Calixto class members filing for military naturalization. Read more at:https://www.uscis.gov/newsroom/alerts/uscis-updates-military-naturalization-guidance-for-calixto-class-members

Contact Darren Heyman, immigration attorney, for more information.

US-Brazil investigation leads to disruption of transnational cryptocurrency fraud ring

 An investigation by the Brazilian Federal Police, U.S. Homeland Security Investigations (HSI) and multiple law enforcement partners led to the disruption of a transnational cryptocurrency fraud ring based in Curitiba, Brazil, Oct. 6.

As part of Operation Poyais, the Brazilian Federal Police executed 20 search and seizure warrants in the states of Parana, Santa Catarina, Sao Paulo and Rio de Janeiro, Brazil, for multiple violations of Brazilian criminal statutes. Read more at: https://www.ice.gov/news/releases/us-brazil-investigation-leads-disruption-transnational-cryptocurrency-fraud-ring

Contact Darren Heyman, immigration attorney, for more information.

Extension of United for Ukraine travel authorization

 Supporters of Uniting for Ukraine,

This message explains how you can request an extension of a travel authorization that U.S. Customs and Border Protection (CBP) issued to a beneficiary you agreed to support. Travel authorizations are valid for 90 days. However, if a beneficiary of Uniting for Ukraine cannot travel to the United States within the 90-day time frame for reasons beyond their control, supporters may submit a one-time request for a travel authorization extension on behalf of a beneficiary they agreed to support. If the extension is approved, the beneficiary will have an additional 90 days to arrange travel to the United States.

To be eligible for an extension, you must submit an extension request no more than 30 days before the original approved travel authorization period expires and no more than 30 days after the original approved travel authorization period expires. Please note that only supporters who submitted a Form I-134 on behalf of a beneficiary of Uniting for Ukraine can request a travel authorization extension on behalf of the beneficiary. You must submit a separate extension request for each beneficiary. 

To submit your request:

Step 1:

Log in to your online account.

Step 2:

From the top of the webpage, select the My Account drop-down menu and select Inbox.

Step 3:

Click on the New Message button.

Step 4:

For the subject, select A case already filed online from the drop-down menu, and for your case receipt number, select your receipt number for Form I-134 (Declaration of Financial Support).

Step 5:

In the message field, state your continued interest in supporting your named beneficiary who has not yet traveled to the United States and that you are requesting an extension of the beneficiary’s travel authorization, then click Send.

USCIS will review your request for travel authorization extension and submit it along with the beneficiary’s information to CBP to conduct additional vetting. If CBP approves your request, the beneficiary will receive an email notification when the extended travel authorization notice has been posted to their account. Please note that for privacy reasons, only the beneficiary will be able to view their extended travel authorization notice in their online account. The beneficiary should notify you when they receive their extended travel authorization notice.

If the beneficiary's travel authorization expired more than 30 days before you requested the extension, or if the beneficiary cannot travel to the United States during the 90-day extension, you must submit a new Form I-134 on their behalf to obtain a new travel authorization.

The Uniting for Ukraine process provides a pathway for Ukrainian citizens and their immediate family members who are outside the United States to come to the United States and stay temporarily in a two-year period of parole. Individuals participating in Uniting for Ukraine must have a supporter in the United States who agrees to provide them with financial support for the duration of their temporary stay in the United States.  

Contact Darren Heyman, immigration attorney, for more information.

USCIS Awards FY 2022 Citizenship and Integration Grants

 WASHINGTON

—U.S. Citizenship and Immigration Services today awarded nearly $20 million in grants to 66 organizations in 35 states to help prepare lawful permanent residents (LPRs) and those with a clear pathway to lawful permanent residency for naturalization. USCIS focused this year on reaching remote, underserved, and/or isolated communities per Executive Order 14012, Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans, and corresponding Interagency Strategy on Promoting Naturalization. The grants were made possible thanks to funding provided by Congress, which doubled the funding available for fiscal year (FY) 2022. Read more at: https://www.uscis.gov/newsroom/news-releases/uscis-awards-fy-2022-citizenship-and-integration-grants

Contact Darren Heyman, immigration attorney, for more information.