Immigration Blog Luba Smal Attorney at Law - Smal Immigration Law Office

DHS revoked Harvard University's ability to enroll F-1 students. Students forced to transfer or lose status

5/22/2025

Today, on May 22, 2025, the DHS revoked Harvard University's ability to enroll international students, and is forcing existing students to transfer to other schools or lose their legal status.

Homeland Security Secretary Kristi Noem ordered the department to terminate Harvard University’s Student and Exchange Visitor Program certification. “This administration is holding Harvard accountable for fostering violence, antisemitism, and coordinating with the Chinese Communist Party on its campus,” said Secretary Noem. The DHS sent a mass email alleging that "Harvard University Loses Student and Exchange Visitor Program Certification for Pro-Terrorist Conduct".

Harvard enrolled nearly 6,800 international students in the 2024-2025 school year, amounting to 27% of its total enrollment, according to university statistics.

In 2022, Chinese nationals made up the biggest population of foreign students with 1,016, university figures show. After that were students from Canada, India, South Korea, the UK, Germany, Australia, Singapore and Japan.

Harvard's response:

“The government’s action is unlawful," the university said in a statement. "This retaliatory action threatens serious harm to the Harvard community and our country, and undermines Harvard’s academic and research mission.”

Read more here and here.

To be continued.

If you are a foreign student enrolled in Harvard, you may need to transfer to another university in order to remain in lawful nonimmigrant F-1 student status. Contact your DSO for guidance and updates.

May 23, 2025 UPDATE:

Today, a U.S. federal judge temporarily blocked the current administration from revoking Harvard University's ability to enroll foreign students.
The court order provides temporary relief to the thousands of international students who were faced with being forced to transfer under a policy that the Cambridge, Massachusetts-based university called a "blatant violation" of the U.S. Constitution and other federal laws, and said would have an "immediate and devastating effect" on the university and more than 7,000 visa holders.

"Without its international students, Harvard is not Harvard," the 389-year-old school said in its lawsuit filed earlier on Friday in Boston federal court. Harvard enrolled nearly 6,800 international students in its current school year, equal to 27% of total enrollment.

To be continued.

DHS says it will pay immigrants in the US illegally $1,000 to leave the country and pay for the tickets

5/9/2025

Pushing forward with its mass deportation agenda, new administration said on Monday that it would pay $1,000 to immigrants who are in the United States illegally and return to their home country voluntarily.

The Department of Homeland Security said in a news release that it would also pay for travel assistance — and that people who use an app called CBP Home to tell the government they plan to return home will be “deprioritized” for detention and removal by immigration enforcement.

The DHS said it had already paid for a plane ticket for one migrant to return home to Honduras from Chicago and said more tickets have been booked for this week and next.

"Any illegal alien who uses the CBP Home App to self-deport will also receive a stipend of $1000 dollars, paid after their return to their home country has been confirmed through the app. ....Even with the cost of the stipend, it is projected that the use of CBP Home will decrease the costs of a deportation by around 70 percent. Currently the average cost to arrest, detain, and remove an illegal alien is $17,121. The first use of travel assistance has already proven successful. An illegal alien that the Biden Administration allowed into our country recently utilized the program to receive a ticket for a flight from Chicago to Honduras. Additional tickets have already been booked for this week and the following week. "

It’s often worse for people to leave the country and abandon their case in immigration court, if they’re already in removal proceedings. If migrants are in removal proceedings and don’t show up in court they can automatically get a deportation order and leaving the country usually counts as abandoning many applications for relief including asylum applications.

DHS USCIS Began Screening Social Media of F1 Students and Green Card Applicants for Antisemitism, Extremism

4/16/2025

On April 9, 2025, USCIS began considering non US citizens antisemitic activity on social media and the physical harassment of Jewish individuals as grounds for denying immigration benefit requests. This will immediately affect foreign nationals applying for lawful permanent resident status (aka Green Card), foreign students (F-1 visa) and other foreign nationals affiliated with educational institutions linked to antisemitic activity.
Consistent with President's executive orders on Combatting Anti-Semitism, Additional Measures to Combat Anti-Semitism and Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats, DHS will enforce all relevant immigration laws to the maximum degree, to protect the homeland from extremists and terrorist aliens, including those who support antisemitic terrorism, violent antisemitic ideologies and antisemitic terrorist organizations such as Hamas, Palestinian Islamic Jihad, Hezbollah, or Ansar Allah aka: “the Houthis.”

Under this guidance, USCIS will consider social media content that indicates an alien endorsing, espousing, promoting, or supporting antisemitic terrorism, antisemitic terrorist organizations, or other antisemitic activity as a negative factor in any USCIS discretionary analysis when adjudicating immigration benefit requests. This guidance is effective immediately.

Please read more at USCIS website.

New Requirement for Noncitizens in USA: Always Carry Proof of Registration on Your Person

4/16/2025

Recently, President issued Executive Order 14159, Protecting the American People Against Invasion, in which he directed the Secretary of Homeland Security to take all appropriate action to identify “unregistered illegal aliens” residing in the United States.

The Department of Homeland Security (DHS) clarified who is subject to the registration requirement, and established a new form G-325R and online process by which unregistered foreign nationals may comply with this requirement.

WHO IS ALREADY REGISTERED? Therefore, don't need to register.
Certain categories of foreign nationals are considered registered:

Lawful permanent residents (also known as green card holders);
Foreign nationals who have applied for lawful permanent residence and provided their fingerprints;
Foreign nationals who were issued immigrant or nonimmigrant visas before their last date of arrival;
Foreign nationals issued an employment authorization document (also known as an EAD card);
Foreign nationals who were issued a Form I-94 or Form I‑94W (paper or electronic), even if the period of admission has expired;
Foreign nationals issued Border Crossing Cards;
Foreign nationals placed into removal proceedings; and
Certain foreign nationals who have been paroled into the United States.

Most foreign nationals who are authorized to work in the United States will have automatically been registered. For example, employees admitted to the United States in H-1B or L-1 status should have been issued a Form I-94 record (item 5 above). The Form I-94 can be accessed online, printed, and carried as proof of registration. Individuals granted an EAD card (item 4 above) will also have been automatically registered.

Foreign nationals not falling into one of the above categories may be required to apply for registration via the method described on the USCIS webpage on Alien Registration.

These who have to register include:

Foreign national children who turn 14 years of age in the United States, regardless of whether they were previously registered. The application for registration must be submitted within 30 days of the child’s 14th birthday.

Canadian visitors not issued a Form I-94 when entering the United States, typically at a land port of entry. This applies only if the visit to the United States is for a period of 30 days or more. Canadian citizen travelers may reference the U.S. Mission to Canada webpage on this topic.

Foreign nationals who entered the United States without inspection and admission (illegally or EWI), and who are not otherwise registered.

CARRYING PROOF OF REGISTRATION IS REQUIRED
All registered foreign nationals must carry proof of registration on their person at all times in the United States. The available proof of registration will depend on the category under which the foreign national is registered, as listed above. For example, lawful permanent residents should carry their permanent resident cards (green cards).

Non-immigrants, such as H-1B and L-1 visa holders, should carry a physical copy of the Form I-94 record or the nonimmigrant visa in the passport.
NOTES

Confirm Registration Status: Verify registration status by checking documentation against those listed on the USCIS webpage for Alien Registration.

Print and Carry Proof of Registration: Carry proof of registration at all times in the United States.

Set Reminders for Children Under 14: Create reminders to register any children who will turn 14 years of age while living in the United States.

Report Address Changes: Report changes in residential address within 10 days of moving.

Monitor for Legal Changes: Monitor the USCIS webpage on Alien Registration for updates or changes to registration requirements.

Alien Registration Form G-325R and Evidence of Registration for Non-Citizens in USA

3/13/2025

The U.S. Department of Homeland Security (DHS) published Interim Final Rule (IFR) on March 12, 2025 requiring non-US citizens to register and be fingerprinted, if they have never been registered or fingerprinted, if they intend to remain in the U.S. for more than 30 days. The main purpose of the new requirement is immigration enforcement and removal.

DHS has also provided the procedure for completing the registration requirements. Form G-325R is available for filing online. Effective date is April 11, 2025.

The rule is based on the statutory requirement in the Immigration and Nationality Act (INA), Section 262, which requires all non-US citizens to register with the DHS and be fingerprinted. However, until now, there was no formal process to comply with the rule apart from mandatory fingerprinting while applying for a visa at U.S. Consulates/Embassies abroad and submitting certain applications for benefits or status to U.S. Citizenship and Immigration Services (USCIS).

With the IFR, the DHS has now specified the procedure to comply with the registration requirement for non-US citizens who are not nonimmigrants or Lawful Permanent Residents (“green card” holders). Nonimmigrants and green card holders can skip to the “What Should I Do?” section at the bottom of this Alert for specific instructions.

Non-US citizens not otherwise registered must create an account on the myUSCIS website and submit Form G-325R (Biographic Information – Registration), available only for online filing, to USCIS. Form G-325R requests information on the registrant’s name and other identifying information, current mailing address and physical address, 5 years of address history, arrival date and immigration history, planned activity in the United States, plans to depart the United States (if any), and criminal history (if any). The form also requests any current spouse’s name and identifying information (though not immigration status), as well as each parent’s name, date and place of birth, and current residence. Registrants can upload any supporting documentation they wish to provide through the system or provide any free text information they wish to provide.

Once Form G-325R is submitted, the IFR states that USCIS will provide an appointment for the registrant to appear at an Application Support Center to have their fingerprints taken, unless they fall into a category exempted from fingerprinting.

Non-US citizens are required to submit the form within 30 days of the publishing of this rule, so by April 12, 2025. There is currently no fee to submit the form, though USCIS is requesting comments on whether it should impose a $30 fee to recover the costs of operating the registration process.

Non-US citizens over the age of 18 are required to carry proof of their registration with them at all times. Proof of registration can be printed from the USCIS website once Form G-325R is completed online for those not required to be fingerprinted. If fingerprinting is required, proof of registration will be available in the person’s myUSCIS account once fingerprinting is completed.

Aliens who have already registered include:

Lawful permanent residents;
Aliens paroled into the United States under INA 212(d)(5), even if the period of parole has expired;
Aliens admitted to the United States as nonimmigrants who were issued Form I-94 or I-94W (paper or electronic), even if the period of admission has expired;
All aliens present in the United States who were issued immigrant or nonimmigrant visas before their last date of arrival;
Aliens whom DHS has placed into removal proceedings;
Aliens issued an employment authorization document;
Aliens who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, I-700, and provided fingerprints (unless waived), even if the applications were denied; and
Aliens issued Border Crossing Cards.

Who is not registered?
Anyone who has not applied to the Department of State for a visa, been issued one of the documents designated as evidence of registration under 8 CFR 264.1(b), or has not submitted one of the forms designated at 8 CFR 264.1(a) and provided fingerprints (unless waived) is not registered. Aliens who have not registered include:

Aliens present in the United States without inspection and admission or inspection and parole who have not otherwise registered (that is, aliens who crossed the border illegally);
Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration; and
Aliens who submitted one or more benefit requests to USCIS not listed in 8 CFR 264.1(a), including applications for deferred action or Temporary Protected Status who were not issued evidence of registration listed in 8 CFR 264.1(b).

Foreign nationals who must register include:

All non-US citizens who were not registered and fingerprinted when applying for a visa to enter the United States and who remain in the United States for 30 days or longer. This includes:
- Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration must now register if they intend to remain in the U.S. for 30 days or longer; however, fingerprinting will continue to be waived for Canadian visitors.
- Non-US citizen children below the age of 14 years of age who have not been registered and remain in the United States for 30 days or longer. Therefore, parents with children on H-4, F-2, O-3, and similar dependent statuses are now required to register their children, though the children will not need to submit fingerprints until they reach age 14.
- Persons who entered without inspection and who have not been fingerprinted in connection with any pending application for immigration benefits.
Any noncitizen, regardless of previous registration, who turns 14 years old in the United States, must update their registration and be fingerprinted within 30 days after their 14th birthday.
Green card holders who obtained their green cards under age 14 are required to register by filing Form I-90, to replace their green cards, and be fingerprinted, upon reaching age 14. They should file Form I-90 instead of Form G-325R.
Non-US citizens who submitted one or more benefit requests to USCIS not listed in 8 CFR 264.1(a), including applications for Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS), who were not issued evidence of registration, such as an employment authorization document, must register with Form G-325R.

Non-US citizens who have previously been registered and do not need to register:

Any non-US citizen or visitor from Canada in the U.S. for 30 days or less
All non-US citizens over age 14 who entered the United States with a nonimmigrant (temporary) visa or using ESTA after 2004, as they were registered and fingerprinted through their application for a visa and/or upon arrival in the United States. At all times, nonimmigrants should carry a printout of their Form I-94, Arrival-Departure Record from the CBP website as evidence of registration.
All green card holders (immigrants) who were over 14 years of age when they received their green cards have been registered and fingerprinted as part of the green card application process. Lawful Permanent Residents must carry their Permanent Resident (“green”) Card with them at all times as evidence of registration.

Penalties for Failure to Register and Failure to Carry Proof of Registration:
Non-US citizens who willfully do not comply with the registration and fingerprinting requirements are subject to criminal penalties, including a fine of up to $5000 or imprisonment for up to six months, or both. This penalty also applies to parents or guardians of those under the age of 14 who willfully fail to comply on behalf of their children. In addition, providing false information on the registration form is punishable under several criminal statutes, including imprisonment for up to 10 years for knowingly making a false statement under penalty of perjury in a document required by immigration laws and regulations.

What Should I Do?

Whether you are impacted by the new registration requirement depends upon your immigration status in the United States:

If you do not have a green card and are not in valid nonimmigrant status (including if you have stayed beyond your allowed period of stay in the United States or have violated your nonimmigrant status), you should consult with an attorney.
If you have a currently valid nonimmigrant status (F-1/F-2, H-1B/H-4, ESTA entry, etc.): Your nonimmigrant status, as evidenced by your I-94 printed from the CBP website, meets the registration and fingerprinting requirement if you are over age 14, so you are not affected by this rule. You should carry a copy of your I-94 printout and notify USCIS of any changes in your home address on Form AR-11 to maintain your valid registration with USCIS.
If you are a Lawful Permanent Resident (including Conditional Permanent Resident) or “green card” holder: Your permanent resident status, as evidenced by your “green card,” meets the registration and fingerprinting requirement if you are over age 14, so you are not affected by this rule. You should carry your Permanent Resident Card with you and notify USCIS of any changes in your home address on Form AR-11 to maintain your valid registration with USCIS.
If you are the parent of a child under age 14 who is either in nonimmigrant status (F-2, H-4, O-3, etc.), or who is a “green card” holder, you must register your child under this new procedure. You should create a myUSCIS account for each child in that child’s name and complete Form G-325R for that child. Once your child turns age 14, you should update their registration on Form G-325R (for nonimmigrants) or file Form I-90 to replace the child’s green card and be fingerprinted (for green card holders). If you have questions about the registration process for your children, you should contact an attorney.
If you do not have a green card and are not in valid nonimmigrant status (including if you have stayed beyond your allowed period of stay in the United States or have violated your nonimmigrant status), should consult an attorney.

STEP-BY-STEP GUIDE FROM USCIS:

Step 1: Create a USCIS Online Account
To register, you must first create a USCIS online account. See our How to Create a USCIS Online Account page for more information.
Each alien submitting Form G-325R must have their own individual USCIS online account. This includes aliens under the age of 14. If you are the parent or legal guardian of an alien under the age of 14 who needs to register, you will need to set up an individual USCIS online account on your child’s behalf and in their name.
Step 2: Submit Form G-325R
Once you create your or your child’s (if you are the parent or legal guardian of an alien under 14 years of age) USCIS online account, fill out an electronic version of the Form G-325R, Biographic Information (Registration). Form G-325R must be filed online through a USCIS online account. It cannot be filed by mail or in person.

Step 3: USCIS review of Form G-325R
Once you have submitted Form G-325R, USCIS will review the information you provided and any DHS records that are available about you. If it appears that you have already complied with the registration requirements in some other way and do not need to submit Form G-325R, USCIS will notify you that you have already complied with the registration requirement. If you have already registered as required under INA 262, USCIS will not schedule you for a biometric services appointment or provide you with evidence of registration. If it appears that you are required to register, USCIS will review your Form G-325R to determine if you are required to appear for a biometric services appointment. If you are not required to appear for a biometric services appointment (for example, Canadian visitors and aliens under 14 years of age), USCIS will provide you with evidence of registration (see Step 5 below).
Step 4: Attend appointment for biometrics collection
If you are required to register and provide biometrics, USCIS will schedule you for a biometric services appointment at one of our Application Support Centers (ASCs). Registrants are not required to pay a biometric services fee under the Interim Final Rule.
See our Preparing for Your Biometric Services Appointment for more information about what to expect.
A willful failure or refusal to attend your biometric services appointment (if required) may result in a determination that you have failed to register under INA 266(a), 8 U.S.C. 1306(a), and may result in criminal penalties.
Step 5: Receive registration documentation
Once you have registered and provided your biometrics (if required), we will post a notice (USCIS Proof of G-325R Registration) that provides proof of your registration to your USCIS online account. In your USCIS online account, you will be allowed to download a PDF version of the notice and can print it.

Read more about Alien Registration requirement here.

New CBP Home App Offers a Self Deportation Option

3/10/2025

Today, Secretary of Homeland Security announced that the Department of Homeland Security (DHS) is launching the CBP Home app with a self-deportation reporting feature for foreigners illegally in the country. DHS advises that people should use the CBP Home mobile phone application to submit their intent to depart as indicated below.

The CBP One app was updated into CBP Home app.

From the official DHS' announcement:

Self-deportation is the safest option for illegal aliens, while preserving law enforcement resources. Not only is it safer, but it also saves U.S. taxpayer dollars and valuable Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) resources to focus on dangerous criminal aliens.
This self-deportation functionality is part of a larger $200 million domestic and international ad campaign encouraging illegal aliens to “Stay Out and Leave Now.”
All CBP One applications will automatically update to the CBP Home app. The new app is also available free across mobile application stores.
A Statement from Secretary Kristi Noem:
“The Biden Administration exploited the CBP One app to allow more than 1 million aliens to illegally enter the United States. With the launching of the CBP Home app, we are restoring integrity to our immigration system.
“The CBP Home app gives aliens the option to leave now and self-deport, so they may still have the opportunity to return legally in the future and live the American dream. If they don’t, we will find them, we will deport them, and they will never return.”

Alien Registration Requirement Will be Enforced by USCIS

2/26/2025

Alien Registration Requirement.

On Jan. 20, 2025, President Trump issued the Protecting the American People Against Invasion executive order which directed the Department of Homeland Security to ensure that aliens comply with their duty to register with the government under section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. 1302), and ensure that failure to comply is treated as a civil and criminal enforcement priority.

The INA requires that, with limited exceptions, all aliens 14 years of age or older who were not fingerprinted or registered when applying for a U.S. visa and who remain in the United States for 30 days or longer, must apply for registration and fingerprinting. Similarly, parents and guardians must ensure that their children below the age of 14 are registered. Within 30 days of reaching his or her 14th birthday, the previously registered alien child must apply for re-registration and to be fingerprinted.

Once an alien has registered and appeared for fingerprinting (unless waived), DHS will issue evidence of registration, which aliens over the age of 18 must carry and keep in their possession at all times.

It is the legal obligation of all unregistered aliens (or previously registered children who turn 14 years old) in the United States to comply with these requirements. Failure to comply will result in criminal and civil penalties, up to and including misdemeanor prosecution and the payment of fines.

Registration is not an immigration status, and registration documentation does not establish employment authorization or any other right or benefit under the INA or any other U.S. law.

American Indians born in Canada who entered the United States under section 289 of the INA, and members of the Texas Band of Kickapoo Indians who entered the United States under the Texas Band of Kickapoo Act, are not required to register.

Who has already registered?

Anyone who has been issued one of the documents designated as evidence of registration under 8 CFR 264.1(b) has registered. Also, anyone who submitted one of the forms designated at 8 CFR 264.1(a) and provided fingerprints (unless waived) and was not issued one of the pieces of evidence designated at 8 CFR 264.1(b), complied with the registration requirement of INA 262. Aliens who have already registered include:

Lawful permanent residents;
Aliens paroled into the United States under INA 212(d)(5), even if the period of parole has expired;
Aliens admitted to the United States as nonimmigrants who were issued Form I-94 or I-94W (paper or electronic), even if the period of admission has expired;
All aliens present in the United States who were issued immigrant or nonimmigrant visas prior to arrival;
Aliens whom DHS has placed into removal proceedings;
Aliens issued an employment authorization document;
Aliens who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, I-700, even if the applications were denied; and,
Aliens issued Border Crossing Cards.

Who must apply for registration

All aliens 14 years of age or older who were not registered and fingerprinted (if required) when applying for a visa to enter the United States and who remain in the United States for 30 days or longer. They must apply before the expiration of those 30 days.
The parents and legal guardians of aliens less than 14 years of age who have not been registered and remain in the United States for 30 days or longer, prior to the expiration of those 30 days.
Any alien, whether previously registered or not, who turns 14 years old in the United States, within 30 days after their 14th birthday.

Who is not registered?
Anyone who has not been issued one of the documents designated as evidence of registration under 8 CFR 264.1(b) and has not submitted one of the forms designated at 8 CFR 264.1(a) and provided fingerprints (unless waived) is not registered. Aliens who have not registered include:

This includes:
- Aliens who are present in the United States without inspection and admission or inspection and parole;
- Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration; and,
- Aliens who submitted one or more benefit requests to USCIS not listed in 8 CFR 264.1(a), including applications for Deferred Action for Childhood Arrivals or Temporary Protected Status, who were not issued evidence of registration.

How to register
DHS will soon announce a form and process for aliens to complete the registration requirement. Beginning Feb. 25, 2025, aliens required to register should create a USCIS online account in preparation for the registration process. See our How to Create a USCIS Online Account page for more information. Once the registration process is implemented, aliens will submit their registration, and parents and guardians will submit registration applications on behalf of their children under 14, through their USCIS online account.
Information will be updated in the coming days.

DHS Extends TPS Re-Registration Periods for El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan

12/13/2023

DHS Extends TPS Temporary Protected Status Re-Registration Periods for El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan.

On Dec. 13, 2023, the Department of Homeland Security (DHS) posted a Federal Register notice announcing the extension of the Temporary Protected Status (TPS) re-registration periods for El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan from 60 days to the full designation extension period for each country. DHS previously announced this re-registration period extension on Sept. 8, 2023.
Existing TPS beneficiaries must re-register to receive TPS benefits under the most recent designation extensions for these countries. The re-registration period for individuals to submit TPS applications for:

El Salvador is currently open and now runs through March 9, 2025; 
Haiti is currently open and now runs through Aug. 3, 2024;  
Honduras is currently open and now runs through July 5, 2025; 
Nepal is currently open and now runs through June 24, 2025; 
Nicaragua is currently open and now runs through July 5, 2025; and 
Sudan is currently open and now runs through April 19, 2025.

Priority Date Retrogression for R-1 Religious Workers in 4th EB Category

10/27/2023

A change in calculating the availability of immigrant numbers means some foreign national ministers who are in the United States on temporary R-1 religious worker visas and waiting for green cards will have to wait even longer. Some R-1 may even have to leave the country.
Ministers entering the United States solely to work in the ministry for a bona fide non-profit religious organization fall into a specific green card category: employment-based fourth preference.
For those who are already in the United States in temporary non-immigrant R status, applying for a green card is a two-step process:

Filing a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with the Department of Homeland Security (DHS); and
Filing a Form I-485 Adjustment of Status application when the individual’s priority date (established by filing the Form I-360) is “current.”

Until March 2023, the priority date in this category was February 1, 2022. In April 2023, DHS discovered it had been miscalculating the fourth preference category. In March 2023, the priority date for individuals in the fourth preference category was February 1, 2022. After the shift, that priority date retrogressed four years to September 1, 2018. As of November 1, 2023, the priority date will be January 1, 2019.

Individuals in temporary R status cannot stay in the United States for more than five years. As a result of retrogression, individuals who were close to becoming permanent residents may not be able to stay in the United States long enough to adjust status. One possible strategy for individuals in this situation is to leave the country, stay out for at least a year, and then try to return in R status. The problem with this option is that R status does not allow for dual intent. Therefore, individuals who have taken the first step in the green card process, filing a Form I-360, may not be able to obtain an R visa at a consulate abroad because they have evidenced their desire to become permanent residents.

Those who were able to file both a Form I-360 and their Form I-485 (Application to Register Permanent Residence or Adjust Status) should be able to remain in the United States as pending adjustment applicants and should be able to continue working on the basis of the employment authorization documents they received through their I-485 applications while waiting to become permanent residents.

DHS Reported Record Number of Overstays in FY 2022

7/7/2023

The Department of Homeland Security (DHS) has recently published an overdue overstay report showing that more than 850,000 foreign visitors overstayed their authorized stay in FY2022, which is probably a record high. A more detailed analysis of the numbers is forthcoming, but here are the highlights:

The total overstay rate for 2022 was 3.64 percent, which is more than double the rate of recent years.
Approximately 98,000 visitors who entered under the Visa Waiver Program (VWP), which allows visa-free travel for short-term visitors from low-risk countries, overstayed in 2022. The country with both the largest number and highest rate of VWP overstayers was Spain, with 28,356 overstays and a rate of 5.6 percent, which could trigger corrective measures.
The largest number of short-term visitor overstays from non-VWP countries came from Venezuela. About 173,000 Venezuelans overstayed during the year -- which is about 94 percent of the visitors. This is because the Biden administration has allowed Venezuelans to enter and receive Temporary Protected Status, a designation that includes a work permit.
The next largest number of overstays by short-term visitors are citizens of Mexico, with approximately 124,000 overstays, at a rate of 3.5 percent.
For the first time, DHS broke down the overstay rates for the three sub-categories of student/exchange visas. Vocational school students had the highest overstay rate of the three (9.1 percent). Exchange visitors overstayed at a rate of 5.6 percent, and university and other traditional students overstayed at a rate of 4.1 percent.
Just over 9,000 citizens of China overstayed on student or exchange visitor visas, representing more than 16 percent of all student/exchange overstays.
The largest number of overstays in the category that includes temporary workers came from Mexico (131,000) and India (5,800).

Visa overstays are a significant contributor to our nation's illegal immigration problem, and improving the situation requires a multi-pronged approach. The State Department will be required to adjust visa issuance standards in certain countries and in certain visa categories, to reflect overstay risks. Sponsors and employers of students and workers that produce disproportionately high numbers of overstays might be barred from participating in visa programs. ICE can be directed to expand enforcement programs that target overstays. Congress will continue to press DHS to build the biometric entry-exit system that will help maintain the integrity of the visa programs.

Read more here.

US Supreme Court Ruled for Biden Administration ICE Enforcement Policies

6/28/2023

Supreme Court Ruled That Texas and Louisiana Lack Standing to Block Biden Immigration Enforcement Guidelines
On June 23, 2023, the U.S. Supreme Court ruled 8-1 in U.S. v. Texas that Texas and Louisiana lacked standing to block Biden administration immigration enforcement guidelines that prioritize national security, public safety, and border security threats over focusing on deporting anyone in the United States without authorization.
Justice Kavanaugh wrote, “The States have brought an extraordinarily unusual lawsuit. They want a federal court to order the Executive Branch to alter its arrest policies so as to make more arrests. Federal courts have not traditionally entertained that kind of lawsuit; indeed, the States cite no precedent for a lawsuit like this.” Justice also said that the Executive Branch “does not possess the resources necessary to arrest or remove all of the noncitizens covered by” federal law. “For the last 27 years since [the laws] were enacted in their current form, all five Presidential administrations have determined that resource constraints necessitated prioritization in making immigration arrests.” Justice Alito dissented.
Homeland Security Secretary Alejandro Mayorkas said that the Department of Homeland Security (DHS) would reinstate the guidelines, which were paused last summer by the Supreme Court. He said this would “enable DHS to most effectively accomplish its law enforcement mission with the authorities and resources provided by Congress.” Texas Gov. Greg Abbott said that Texas would “continue to deploy the National Guard to repel [and] turn back illegal immigrants trying to enter Texas illegally.”
US. v. Texas (June 23, 2023). https://www.supremecourt.gov/opinions/22pdf/22-58_i425.pdf
“The Supreme Court Sides With the Biden Administration in a Fight Over Immigration,” National Public Radio (June 23, 2023). https://www.npr.org/2023/06/23/1182015382/supreme-court-ruling-immigration

DHS Extended TPS for El Salvador, Nepal, Nicaragua, Honduras

6/13/2023

On June 13, 2023, the Department of Homeland Security (DHS) announced the rescission of the prior Administration’s terminations of the Temporary Protected Status (TPS) designations for El Salvador, Honduras, Nepal, and Nicaragua and the extension of TPS for these for countries for 18 months. Today’s actions are relevant to the litigation challenging the now-rescinded terminations. As always, DHS closely monitors conditions around the world to assess whether new TPS designations are warranted.

“Through the extension of Temporary Protected Status, we are able to offer continued safety and protection to current beneficiaries who are nationals of El Salvador, Honduras, Nepal, and Nicaragua who are already present in the United States and cannot return because of the impacts of environmental disasters,” said Secretary of Homeland Security Alejandro N. Mayorkas. “We will continue to offer support to them through this temporary form of humanitarian relief.”

Soon-to-be-published 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. Individuals who arrived in the United States after the continuous residence dates for these designations are not eligible for TPS and, if they enter without legal authorization and do not have a lawful basis to remain in the United States, will be subject to removal. The respective continuous residence dates are Feb. 13, 2001, for El Salvador; Dec. 30, 1998, for Honduras and Nicaragua; and June 24, 2015, for Nepal.

To ensure continued compliance with court orders in the litigation challenging the now-rescinded termination decisions, DHS previously extended the validity of TPS-related documentation for current beneficiaries who are nationals of El Salvador, Honduras, Nepal, and Nicaragua through June 30, 2024. Details about each country’s extension and the re-registration period are set forth below and will be further explained in forthcoming Federal Register Notices.

El Salvador

DHS is extending the designation of El Salvador for TPS for 18 months, from Sept. 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, if they otherwise continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through March 9, 2025, must re-register during the 60-day re-registration period from July 12, 2023, through Sept. 10, 2023.

Honduras

DHS is extending the designation of Honduras for TPS for 18 months, from Jan. 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, if they otherwise continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through July 5, 2025, must re-register during the 60-day re-registration period from Nov. 6, 2023, through Jan. 5, 2024.

Nepal

DHS is extending the designation of Nepal for TPS for 18 months, from Dec. 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, if they otherwise continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through June 24, 2025, must re-register during the 60-day re-registration period from Oct. 24, 2023, through Dec. 23, 2023.

Nicaragua

DHS is extending the designation of Nicaragua for TPS for 18 months, from Jan. 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, if they otherwise continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through July 5, 2025, must re-register during the 60-day re-registration period from Nov. 6, 2023, through Jan. 5, 2024.

The decisions to rescind the termination of the designations of these four countries for TPS are effective on June 9, 2023.

In June 2023 USCIS Will Open a Re-Parole Program for Afghan Nationals

5/23/2023

In early May 2023 the Department of Homeland Security USCIS announced it is establishing a process to re-parole eligible Afghan nationals. Beginning in June 2023, Afghan nationals who arrived in the United States under humanitarian parole through Operation Allies Welcome (OAW) will be able to request a re-parole through online and paper filing.

As with any parole request, these requests will be considered on a case-by-case basis for urgent humanitarian reasons and significant public benefit. Additional details regarding the process will be available soon.

On May 15, 2023, I attended a remote meeting with the USCIS officials where they discussed the upcoming re-parole and advised about the filing process.

USCIS invites Afghan nationals to go to my.uscis.gov website and create a personal online account, where they can submit their application online once the portal will open in June 2023.

USCIS advised eligible Afghan nationals to submit any other immigration applications that they can be eligible for. If not sure, consult a lawyer.

Among the applications and possible statuses an Afghan nationals can apply for are: TPS, Re-Parole, Special Immigrant, Asylum, also I-730 and I-824.

USCIS advised that they are planning to open at least 5 centers around the country where eligible Afghan nationals can come in person and ask for help with re-parole. The centers are expected in Oklahoma City, OK, Tucson, AZ, Seattle, WA, Sacramento, CA.

USCIS warned about failure of many Afghans to submit their Change of Status, Form AR-11, when they move. USCIS advised that submitting a change of address to USCIS when a person moces os a condition of parole.

USCIS advised that re-parole process is free of charge, the application is a fee-exempt. It means that an applicant doesn't need to pay a filing fee nor submit a request for a fee waiver.

USCIS advised all eligible Afghan nationals to apply online. If they are issued a RFE, Request for Evidence, they can submit the response online through their online account.

DHS and DOJ Finalize Rule for Asylum Seekers at the Border After Title 42 Ends on May 11 2023

5/10/2023

Rule places a condition on asylum eligibility for those who circumvent lawful pathways

WASHINGTON – Today, after receiving and considering over 50,000 public comments in response to a Notice of Proposed Rulemaking issued earlier this year, the Department of Homeland Security (DHS) and the Department of Justice (DOJ) finalized a new rule to further incentivize individuals to use lawful, safe, and orderly pathways to enter the United States. The rule builds upon efforts to combine lawful pathways with consequences for failure to use them, by placing certain limiting conditions on asylum eligibility for those who fail to use those pathways. This rule goes into effect once the Title 42 public health Order terminates, on Thursday, May 11, 2023 at 11:59pm ET.

The rule presumes those who do not use lawful pathways to enter the United States are ineligible for asylum and allows the United States to remove individuals who do not establish a reasonable fear of persecution or torture in the country of removal. Noncitizens can rebut this presumption based only on exceptionally compelling circumstances.

The presumption will not apply to a noncitizen if they, or a family member traveling with them, received appropriate authorization to travel to the United States to seek parole; presented at a port of entry, pursuant to a pre-scheduled time and place using the CBP One app; established that it was not possible to access or use the CBP One app due to a language barrier, illiteracy, significant technical failure, or other applicable exception; or sought and were denied asylum or other protection in at least one other country. Individuals may also rebut the presumption by demonstrating exceptionally compelling circumstances. Unaccompanied children are exempted from this presumption.

Last week, the Government of Mexico announced that they will continue to accept returns, on humanitarian grounds, of migrants from Cuba, Haiti, Nicaragua, and Venezuela who are processed under Title 8 authorities at the U.S. border. Individuals removed under Title 8 are subject to a five-year bar on admission and potential criminal prosecution should they seek to reenter unlawfully.

In January 2023, DHS announced new border enforcement measures to improve border security, limit irregular migration, and create additional safe and orderly processes for people fleeing humanitarian crises to lawfully come to the United States. This included a new parole process for Cubans, Haitians, and Nicaraguans, scheduling an appointment to present at a port of entry through the CBP One app, and efforts to surge personnel and other resources to the southwest border.

DHS has been preparing for the end of the Title 42 public health Order for nearly two years. In February 2022, DHS formally stood up the Southwest Border Coordination Center, which leads the planning and coordinating of a whole-of-government response to the anticipated increase in border encounters. In April 2022, Secretary Mayorkas issued the DHS Plan for Southwest Border Security and Preparedness, laying out a six-pillar plan to manage an increase in encounters once the Title 42 public health Order is no longer in effect. DHS updated the plan this past December and shared additional details regarding preparations last week.

TPS for Venezuela Extended for 18 Months Until March 10 2024

7/11/2022

USCIS announced today that they are extending the designation of Venezuela for Temporary Protected Status (TPS) for another 18 months.

The 18-month extension of TPS for Venezuela will be effective from September 10, 2022, through March 10, 2024. Only beneficiaries under Venezuela’s existing designation, and who were already residing in the United States as of March 8, 2021, are eligible to re-register for TPS under this extension.

Venezuelans who arrived in the United States after March 8, 2021, are not eligible for TPS.

Approximately 343,000 individuals are estimated to be eligible for TPS under the existing designation of Venezuela.

TPS for Venezuela page at USCIS is here.

Extensión del TPS de VenezuelaEl Departamento de Seguridad Nacional anunció la extensión del Estatus de Protección Temporal (TPS) de Venezuela por 18 meses, desde el 10 de septiembre de 2022 hasta el 10 de marzo de 2024.
La extensión del TPS de Venezuela por 18 meses entrará en vigor el 10 de septiembre de 2022. DHS publicará una notificación en el Registro Federal que explicará cómo reinscribirse bajo la designación de Venezuela y solicitar un Documento de Autorización de Empleo (EAD). Se estima que aproximadamente 343,000 personas estar elegibles para TPS bajo la designación existente de Venezuela.
USCIS continuará con el procesamiento de las solicitudes pendientes. Los solicitantes que tengan un Formulario I-821, Solicitud de Autorización de Empleo o el Formulario I-765, Solicitud de Autorización de Empleo, no tienen que presentar la solicitud nuevamente. Si USCIS aprueba su Formulario I-821 pendiente presentado durante la designación inicial de TPS para Venezuela, USCIS le otorgará al solicitante TPS hasta el 10 de marzo de 2024. De manera similar, si USCIS aprueba un Formulario I-765 pendiente relacionado con TPS para un solicitante inicial, emitirá un nuevo EAD válido hasta el 10 de marzo de 2024.
Mas Información
DHS planificará y coordinará oportunidades de enlace comunitario con respecto a la extensión y redesignación de TPS para Venezuela para brindar información y responder preguntas del público.
Para obtener la información más actualizada relacionada con el Estatus de Protección Temporal, visite nuestra página de TPS.

USCIS Ended Temporary COVID-19 Form I-9 e-Verify Policies and Exceptions

7/11/2022

As of May 1, 2022, all employers must only accept unexpired List B identity documents as part of the I-9 process.

After July 15, 2022, e-Verify will no longer provide extended timeframes for employees to visit the Social Security Administration (SSA) to resolve Social Security mismatches.

During COVID-19 pandemic, USCS and DHS temporarily allowed employers to accept expired List B identity documents as part of the I-9 process. It was acceptable for employers to accept expired state IDs or driver’s licenses for List B if the document expired on or after March 1, 2020, and the state extended the document expiration date due to COVID-19.

This temporary policy ended on May 1, 2022. Employers have until July 31, 2022 to update their I-9 Forms for employees that presented expired List B documents between May 1, 2020, and April 30, 2022. A chart detailing these changes can be found here.

Similarly, due to the closure of SSA offices to the public, USCIS allowed employers participating in E-Verify to postpone dealing with Social Security mismatches (cases in which an employee’s Social Security number did not match the number in the E-Verify database resulting in a “TNC” or “tentative non-confirmation”). Before the pandemic, an employee contesting a TNC was required to contact the SSA within 8 federal working days or risk getting a Final Non-confirmation and loss of employment. Beginning March 2, 2020, this requirement was temporarily suspended. uscis e-verify

As of July 15, 2022, employees receiving a TNC for a Social Security mismatch will again be required to contact the SSA within 8 federal working days to resolve the mismatch. Employees with mismatches between March 2, 2020 and July 14, 2022 have until September 29, 2023 to resolve their cases.

Read more here. Updates are here.

DHS Designates Ukraine for Temporary Protected Status for 18 Months

3/3/2022

Украинцы находящиеся в США смогут получить временные статус TPS на 18 месяцев. Только что было объявлено USCIS. Это относится только к тем украинцам, кто находился на территории США на 1 марта 2022 года. Если вы приехала после 1 марта, то этот TPS статус вы получить не сможете.
DHS также объявили сегодня, что приостанавливается депортация украинцев (с ордерами о депортации) в Украину.

DHS Designates Ukraine for Temporary Protected Status for 18 Months
WASHINGTON — The Department of Homeland Security (DHS) announced the designation of Ukraine for Temporary Protected Status (TPS) for 18 months.

A country may be designated for TPS when conditions in the country fall into one or more of the three statutory bases for designation: ongoing armed conflict, environmental disasters, or extraordinary and temporary conditions. This designation is based on both ongoing armed conflict and extraordinary and temporary conditions in Ukraine that prevent Ukrainian nationals, and those of no nationality who last habitually resided in Ukraine, from returning to Ukraine safely. These conditions result from the full-scale Russian military invasion into Ukraine, which marks the largest conventional military action in Europe since World War II. This invasion has caused a humanitarian crisis with significant numbers of individuals fleeing and damage to civilian infrastructure that has left many without electricity or water or access to food, basic supplies, shelter, and emergency medical services.

Individuals eligible for TPS under this designation must have continuously resided in the United States since March 1, 2022. Individuals who attempt to travel to the United States after March 1, 2022 will not be eligible for TPS. Ukraine’s 18-month designation will go into effect on the publication date of the forthcoming Federal Register notice. The Federal Register notice will provide instructions for applying for TPS and an Employment Authorization Document (EAD). TPS applicants must meet all eligibility requirements and undergo security and background checks.

TPS status.

New Public Charge Rule Proposed by DHS

2/17/2022

Under the proposed Public Charge rule, DHS proposes to change a definition from “likely at any time to become a public charge” to “likely to become primarily dependent on the government for subsistence.” Consistent with long-standing agency practice, DHS proposes to consider the following public benefits when making a public charge inadmissibility determination:

Supplemental Security Income (SSI);
Cash assistance for income maintenance under the Temporary Assistance for Needy Families (TANF) program;
State, Tribal, territorial, and local cash assistance for income maintenance; and
Long-term institutionalization at government expense.

DHS proposes that it not consider noncash benefits such as food and nutrition assistance programs including the Supplemental Nutrition Assistance Program (SNAP), the Children’s Health Insurance Program, most Medicaid benefits (except for long-term institutionalization at government expense), housing benefits, and transportation vouchers. DHS would also not consider disaster assistance received under the Stafford Act; pandemic assistance; benefits received via a tax credit or deduction; or Social Security, government pensions, or other earned benefits.
By law, many categories of noncitizens are exempt from the public charge ground of inadmissibility and would not be subject to the proposed rule. Some of these categories are refugees, asylees, noncitizens applying for or re-registering for temporary protected status (TPS), special immigration juveniles, T and U nonimmigrants, and self-petitioners under the Violence Against Women Act (VAWA). Under the proposed rule, if a noncitizen received public benefits while in an immigration category that is exempt from the public charge ground of inadmissibility, DHS would not consider the noncitizen’s past receipt of such benefits as part of any future public charge determination.

The Proposed Rule is published here. And here.

On March 9, 2021, USCIS stopped applying the 2019 Public Charge Rule introduced by previous administration and reverted to the 1999 rule. Current overview of a public charge rule is here.

Briefly in Russian:

Департамент госбезопасности США опубликовал сегодня законопроект нового закона о Получении пособий для иммигрантов и как это влияет на возможность отакза грин карты как Public Charge (получатель пособий).

Закон от 2019 был отменен и его прекратили приминять в марте 2021. USCIS вернулся к применению старого закона от 1999, который более мягкий.

Сегодня опубликован новый законопроект, который сужает категории пособий, получение которых может лишить иммигранта шанса получить грин карту или вид на жительство в США.

Закон менят само определение того, что является public charge и получение каких именно пособий или бенефитов считается public charge.

Категрии пособий за которые можно лишиться шанса на грин карту сужены в основном на те группы, где пособие в форме денежных выплат. Medicaid за некторыми исключениями теперь не будет влиять на получение грин карты.

USCIS to Furlough 73% of the Employees on August 3 2020

6/30/2020

On Monday, June 29, 2020, 13,400 USCIS employees received emails telling them the furloughs would begin on August 3, 2020 and last for at least 30 days, with the potential to last three months or longer.... Employees were told last week that around 73% of the agency’s entire staff would be put out of work temporarily.

USCIS has nearly 20,000 employees total. 13,400 of them will be furloughed.

Unlike most other federal agencies, a significant amount of the USCIS’s $14.8 billion operating budget — nearly 97%, according to congressional testimony from 2019 — comes from immigration fees. The reasoning given to employees for the furlough was declining revenues as a result of the COVID-19 pandemic and resulting economic crisis.
“USCIS has seen a 50% drop in receipts and incoming fees starting in March and estimates that application and petition receipts will stay well below plan through the end of Fiscal Year 2020,” the USCIS spokesperson said. “This dramatic drop in revenue has made it impossible for our agency to operate at full capacity. Without additional funding from Congress before August 3, USCIS has no choice but to administratively furlough a substantial portion of our workforce.”
This will significantly slow down USCIS processing times, and has a potential to affect our immigration system long term.

https://www.vice.com/en_us/article/ep4pkw/the-trump-administration-just-furloughed-13400-immigration-workers

Asylum in the United States of America Overview 2020

6/15/2020

Each year, thousands of people arriving at the border or already in the United States apply for asylum, or protection from persecution. Those granted asylum can apply to live in the United States permanently and gain a path to citizenship and can also apply for their spouse and children to join them in the United States. This fact sheet provides an overview of the asylum system in the United States, including how asylum is defined, eligibility requirements, and the application process.

What is Asylum process in the United States? Read overview here.

Public Charge, Receiving Public Benefits and COVID-19

4/13/2020

Immigrants living in the United States are eligible for unemployment benefits. But as the health and economic impacts of the coronavirus spread across the country, many are reportedly afraid to file for unemployment and other government benefits. Much of this fear stems from the Trump administration’s public charge rule. The public charge rule makes it harder for people of limited means to qualify for a visa or green card.
Thankfully, many of these fears are unfounded. However, the climate of fear created by the public charge rule has hampered efforts to respond to the novel coronavirus, COVID-19. This put people’s lives at risk.
Do people with green cards need to worry about using government services due to the coronavirus? No. The current public charge rule applies to people already in the United States who are seeking to obtain a green card, as well as those in another country seeking a visa to come to the U.S. The new rule also requires those seeking to extend or change their nonimmigrant status to submit information on public benefits use. But it does not apply the full public charge test to those individuals.
This means that lawful permanent residents—those who already have green cards—do not need to worry about triggering the harsh effects of the public charge rule by using government services during the coronavirus.
Does filing for unemployment put someone at risk under public charge? No. When the Department of Homeland Security (DHS) published the public charge rule, it made clear that receiving unemployment benefits is not considered to be receiving a “public benefit.” This is because unemployment is an “earned benefit” that workers pay into with their paychecks. This includes Medicare and Social Security.
Not every immigrant laid off due to COVID-19 will be eligible for unemployment. People seeking to file for unemployment generally must be legally authorized to work. Some states extend unemployment benefits to individuals with DACA, while others do not.
Does receiving government support for a coronavirus test put someone at risk under public charge?No. Guidance posted on the U.S. Citizenship and Immigration Services (USCIS) website says that “USCIS will neither consider testing, treatment, nor preventative care (including vaccines, if a vaccine becomes available) related to COVID-19 as part of a public charge inadmissibility determination.”
This is true even if someone pays for the treatment through a benefit which would normally count against them. Again, this includes Medicaid.
The rule itself also exempts the use of Medicaid benefits for treatment of an “emergency medical condition.” Immigrants should not worry about using emergency Medicaid if they become sick with the virus and need treatment.
Could a period of unemployment due to the coronavirus put someone at risk under public charge?Maybe. The public charge rule operates like a wealth test. Immigrants who are laid off due to the coronavirus could have their diminished financial wellbeing counted against them if they apply for a green card in the future or are forced to rely on public benefits to survive.
However, USCIS has indicated that individuals in that situation should provide additional evidence along with their application for a green card. They can explain that the hardship was due to COVID-19.
The agency says it will “take all such evidence into consideration in the totality of the [immigrant’s] circumstances,” indicating that they will likely provide leeway in that event.

More here.

Federal Government Shutdown: Agency-by-Agency Update

1/7/2019

The partial federal government shutdown that began at 12:01 a.m. on Saturday, December 22, 2018, continues as of today, January 7, 2019.

USCIS remains open and mostly operational during this government shutdown. USCIS announcement is here.

Several other departments have issued related announcements about the specifics of which immigration services have closed and which remain open:

Department of Labor. DOL’s announcement here refers people to its extensive contingency plan here.
Department of Justice. DOJ released the following statement: “Due to the lapse in appropriations, Department of Justice websites will not be regularly updated. The Department’s essential law enforcement and national security functions will continue. Please refer to the Department of Justice’s contingency plan for more information.” The contingency plan, dated September 2018, is here.
Department of State. DOS announced on December 22, 2018, that scheduled passport and visa services in the United States and at U.S. embassies and consulates overseas will continue “during the lapse in appropriations as the situation permits.” The agency said it will not update its website until full operations resume, with the exception of urgent safety and security information. The National Visa Center, National Passport Information Center, and Kentucky Consular Center will still accept telephone calls and inquiries from the public.
All passport agencies and centers and acceptance facilities (such as U.S. post offices, libraries, and county clerk’s offices) are still accepting applications for U.S. passport books and passport cards during the shutdown, and passports can be renewed by mail, DOS said. Processing times remain the same: four to six weeks for routine service and two to three weeks for expedited service.
Those who have scheduled appointments at a DOS passport agency or center should plan on keeping their appointments, the agency said. Those who need to cancel their appointments at those places may do so by calling 1-877-487-2778 or visiting the Online Passport Appointment System here. Those who have scheduled appointments at a passport acceptance facility and need to cancel should contact the facility directly; see https://iafdb.travel.state.gov to search for a local facility.
The DOS passport notice is here.
Executive Office for Immigration Review—immigration courts. With respect to the operating status of immigration courts during the shutdown, EOIR said that detained docket cases will proceed as scheduled. Non-detained docket cases will be reset for a later date after funding resumes. Immigration courts will issue an updated notice of hearing to respondents or, if applicable, respondents’ representatives of record for each reset hearing.
The EOIR notice is here.
U.S. Citizenship and Immigration Services. USCIS said that the shutdown does not affect USCIS’s fee-funded activities. USCIS offices remain open and all applicants should attend their interviews and appointments as scheduled, the agency said. The lapse in government appropriations does not affect Form I-9 Employment Eligibility Verification requirements. Employers must still complete Form I-9 no later than the third business day after an employee starts work for pay, and comply with all other I-9 requirements.
USCIS noted that several USCIS programs have either expired or suspended operations, or are otherwise affected, until they receive appropriated funds or are reauthorized by Congress. The program-specific announcements are summarized below:

EB-5 Immigrant Investor Regional Center Program. The EB-5 Immigrant Investor Regional Center Program expired at the end of the day on December 21, 2018, due to a lapse in congressional authorization to continue the program. All regional center applications and individual petitions are affected. USCIS will not accept new Forms I-924, Application for Regional Center Designation Under the Immigrant Investor Program, as of December 21, 2018. Any pending Forms I-924 as of that date will be put on hold until further notice. Regional centers should continue to submit Form I-924A, Annual Certification of Regional Center, for fiscal year 2018. USCIS said it will continue to receive regional center–affiliated Forms I-526, Immigrant Petition by Alien Entrepreneur, and Forms I-485, Application to Register Permanent Residence or Adjust Status. USCIS has put unadjudicated regional center–affiliated Forms I-526 and I-485 (whether filed before or after the expiration date) on hold for an undetermined length of time. All Forms I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, filed before or after the expiration date will not be affected by the expiration of the program. USCIS said it will provide further guidance if legislation is enacted to reauthorize, extend, or amend the regional center program.

The announcement about the EB-5 program is here, in English with a link to a PDF in simplified Chinese.

E-Verify. Services are unavailable due to the shutdown, USCIS said. Employers’

E-Verify accounts are also unavailable, so employers will not be able to enroll in E-Verify; create an E-Verify case; view or take action on any case; add, delete, or edit any user account; reset a password; edit company information; terminate an account; or run reports. Also, employees will not be able to resolve E-Verify Tentative Nonconfirmations (TNCs). E-Verify said that the agency understands that E-Verify’s unavailability may have a “significant impact on employer operations.” To minimize the burden on both employers and employees, the agency has implemented the following policies:

The “three-day rule” for creating E-Verify cases is suspended for cases affected by the unavailability of E-Verify.
The time period during which employees may resolve TNCs will be extended. The number of days E-Verify is not available will not count toward the days the employee has to begin the process of resolving a TNC.
USCIS said it will provide additional guidance regarding the “three-day rule” and time period to resolve TNC deadlines once operations resume.
Employers may not take adverse action against an employee because the E-Verify case is in an interim case status, including while the employee’s case is in an extended interim case status due to the unavailability of E-Verify.
Federal contractors with the Federal Acquisition Regulation (FAR) E-Verify clause should ask their contracting officer about extending federal contractor deadlines.
MyE-Verify accounts are unavailable and employees will not be able to access their accounts to use self-check, self-lock, case history, or case tracker.
Upcoming webinars are canceled.
Telephone and email support for Form I-9, E-Verify, and MyE-Verify is unavailable.

The E-Verify announcement is here.

Conrad 30 waiver for J-1 doctors. This program allows J-1 doctors to apply for a waiver of the two-year residence requirement after completing the J-1 exchange visitor program. The expiration only affects the date by which the J-1 doctor must have entered the United States; it is not a shutdown of the Conrad 30 program entirely.

More information about the Conrad 30 waiver program is here.

Non-minister special immigrant religious workers. This category allows non-ministers in religious vocations and occupations to immigrate or adjust status in the United States to perform religious work in a full-time, compensated position. The EB-4 non-minister special immigrant religious worker program expired due to a lapse in congressional authorization to continue the program. USCIS will reject any Form I-360 Special Immigrant petitions for Non-Minister Religious Workers received on or after December 22, 2018. Petitions received by USCIS before that date but not issued a final decision before December 22, 2018, will be placed on hold in case the program is reauthorized.

More information about the special immigrant religious workers program and expiration is here.
The USCIS announcement is here.

USCIS Service Centers Contact Email Addresses Discontinued as of January 21, 2019

1/7/2019

As of January 21, 2019, USCIS Discontinues Case-Specific Assistance Via Service Center Email
Instead, USCIS is directing people to its online self-help tools and the USCIS Contact Center. Call the USCIS Contact Center at 800-375-5283 or submit an online request here.

The service center email addresses being discontinued are:

California Service Center: [email protected]
Vermont Service Center: [email protected]
Nebraska Service Center: [email protected]
Potomac Service Center: [email protected]
Texas Service Center: [email protected]

More information is here.

Premium Processing Fees Increase and Temporary Suspension

9/13/2018

Effective October 1, 2018, Department of Homeland Security will increase the premium processing fee charged by USCIS from $1,225 to $1,410.

USCIS is authorized to charge a premium processing fee for certain employment-based petitions and applications. Premium processing allows filers to request 15-day processing of certain employment-based immigrant benefit requests if they pay an extra amount. Currently, premium processing is authorized for certain petitioners filing Form I-129 Petition for a Nonimmigrant Worker, or Form I-140 Immigrant Petition for Alien Worker.

While premium processing is temporarily suspended for H-1B through February 19, 2019, petitioners may submit a request to expedite an H-1B petition if they meet one of the following Expedite Criteria and are prepared to submit documentary evidence to support their expedite request:

Severe financial loss to company or individual
Emergency situation
Humanitarian reasons
Nonprofit organization whose request is in furtherance of the cultural and social interests of the United States
Department of Defense or national interest situation submitted by an official U.S. government entity and that delay will be detrimental to the government
USCIS error
Compelling interest of USCIS

This temporary suspension of premium processing does not apply to any other nonimmigrant classifications filed on Form I-129.

With respect to H-1B petitions, USCIS has suspended premium processing for both cap-subject petitions and most other H-1B petitions.

Beginning September 11, 2018, and continuing through February 19, 2019, H-1B petitions cannot be filed utilizing premium processing, except for the following types of cases:

Cap-exempt petitions filed with the California Service Center because the employer is cap exempt or because the beneficiary will be employed at a qualifying cap-exempt institution, entity, or organization; or
Petitions filed exclusively at the Nebraska Service Center by an employer requesting a “Continuation of previously approved employment without change with the same employer.” (Box b. on Part 2, Question 2, Page 2 of the current Form I-129) with a concurrent request to:
1. Notify the office in Part 4 so each beneficiary can obtain a visa or be admitted. (Box 2 on Part 2, Question 4, Page 2 of the current Form I-129); or
2. Extend the stay of the beneficiary because the beneficiary now holds this status. (Box c on Part 2, Question 4, Page 2 of the current Form I-129).

Unlawful Presence for Students and Exchange Visitors: F, J, M visas.

5/16/2018

(On August 9, 2018, USCIS published a final revised guidance which supersedes May 10th 2018 memorandum. Please refer to a new USCIS memorandum/guidance we published here).

On May 10, 2018, USCIS posted a policy memorandum changing how USCIS will calculate unlawful presence for students and exchange visitors in F, J, and M nonimmigrant status, including F-2, J-2, or M-2 dependents, who fail to maintain their status in the United States.

This policy aligns with Trump’s Executive Order: Enhancing Public Safety in the Interior of the United States to enforce the immigration laws of the country and will go into effect on Aug. 9, 2018.

Individuals in F, J, and M status who failed to maintain their status before Aug. 9, 2018, will start accruing unlawful presence on that date based on that failure, unless they had already started accruing unlawful presence, on the earliest of any of the following:

The day after DHS denied the request for an immigration benefit, if DHS made a formal finding that the individual violated his or her nonimmigrant status while adjudicating a request for another immigration benefit;
The day after their I-94 expired; or
The day after an immigration judge or in certain cases, the Board of Immigration Appeals (BIA), ordered them excluded, deported, or removed (whether or not the decision is appealed).

Individuals in F, J, or M status who fail to maintain their status on or after Aug. 9, 2018, will start accruing unlawful presence on the earliest of any of the following:

The day after they no longer pursue the course of study or the authorized activity, or the day after they engage in an unauthorized activity;
The day after completing the course of study or program, including any authorized practical training plus any authorized grace period;
The day after the I-94 expires; or
The day after an immigration judge, or in certain cases, the BIA, orders them excluded, deported, or removed (whether or not the decision is appealed).

Individuals who have accrued more than 180 days of unlawful presence during a single stay, and then depart, may be subject to 3-year or 10-year bars to admission, depending on how much unlawful presence they accrued before they departed the United States. Individuals who have accrued a total period of more than one year of unlawful presence, whether in a single stay or during multiple stays in the United States, and who then reenter or attempt to reenter the United States without being admitted or paroled are permanently inadmissible.

Those subject to the 3-year, 10-year, or permanent unlawful presence bars to admission are generally not eligible to apply for a visa, admission, or adjustment of status to permanent residence unless they are eligible for a waiver of inadmissibility or another form of relief.

This policy memorandum is updating Chapter 40.9.2 of the USCIS Adjudicator’s Field Manual.

USCIS is accepting comments on the policy memorandum. The 30-day public comment period begins today and closes on June 11, 2018. For complete information on the comment process, visit the Policy Memoranda for Comment page.