On June 18, 2024, President Joe Biden announced a new program that will allow certain spouses of United States citizens to apply for “parole-in-place" from the Department of Homeland Security (DHS). This program, which is not yet open for applications, will not only allow up to 550,000 people to receive temporary protections and work permits in the United States, but will generally allow them to apply for lawful permanent resident (LPR) status (also known as a green card) through their spouses without risking years of separation from their families.

PLEASE NOTE THAT THIS NEW RULE IS NOT THE LAW YET.  IT WILL BE PUBLISHED IN FEDERAL REGISTER AND BECOME THE LAW IN THE NEXT FEW MONTHS.

DO NOT FILE ANYTHING BASED ON THIS ANNOUNCEMENT YET.

Current U.S. law allows U.S. citizens to apply for their non-citizen spouses to obtain permanent residency, but the obstacles attached to this path have made it difficult and risky for many unauthorized immigrants to receive the legal status they are theoretically eligible for. The Biden administration’s new parole program solves the biggest of these problems. Even if the program itself is put on hold or reversed in future, those who have been granted parole under it will still have unlocked a far easier path to become permanent residents of the United States.
The Problem Being Addressed: Spouses of U.S. Citizens Who Could Not Become Citizens ThemselvesSpouses of U.S. citizens are generally eligible for an immigrant visa as an “immediate relative” of a citizen. This allows them to become legal permanent residents and, after a certain number of years, apply for U.S. citizenship. However, people who entered the United States “without inspection” (e.g. by crossing the U.S./Mexico border without prior approval) have a much harder path to permanent residency through their spouses. The only option generally available for them is so bureaucratically onerous, and risky, that many of them have been unable to receive the green cards for which they are theoretically eligible. As a result, some 1.2 million people are married to U.S. citizens without having formal immigration status themselves—even though, in theory, many should have a path to green cards.
Under federal law, some immigrants—namely, those who have already been “inspected and admitted” (generally, anyone who entered through an official port of entry) or “inspected and paroled” into the U.S.—can apply to adjust their status to permanent residency without having to depart the country to attend an immigrant visa interview at a U.S. embassy or consulate abroad. However, immigrants who entered without inspection do not have this option. They must leave the United States, go to a consulate abroad, and obtain a new immigrant visa to reenter.
Once they leave the United States to go to a consulate, however, they often trigger a years-long bar on legally reentering the country to be reunited with their families. This is because of a 1996 law that imposed bars of up to ten years on anyone who has been “unlawfully present” in the United States for more than one year, preventing them from receiving visas for which they would otherwise be eligible.
Immigrants married to U.S. citizens may apply for a waiver of the bar—thus allowing them to receive their immigrant visas and come back into the U.S. as permanent residents—if they can demonstrate that their citizen spouses would suffer “extreme hardship” from such a prolonged separation. Because approval of the waiver is not guaranteed, leaving the U.S. before the waiver has been approved is risky. Immigrants are allowed to apply for “provisional” waivers before leaving the U.S. to solve this problem. However, as of April 2024, the U.S. government was taking over 41 months—three and a half years—to adjudicate these waivers, in addition to the amount of time taken to adjudicate the underlying application for the immigrant visa and arrange a trip to the U.S. consulate.
The Solution: Parole-In-Place Allows People to Apply for Green Cards Without Leaving the U.S.U.S. immigration law allows the executive branch to grant “humanitarian parole” to certain people who otherwise lack a lawful basis to enter or remain in the U.S., when the government determines that a grant of parole would satisfy urgent humanitarian reasons or provide a significant public benefit. Humanitarian parole allows beneficiaries to temporarily enter or remain in the United States for a defined period, which can be anything from a few days to several years. Individuals who are granted parole are able to apply for work authorization if necessary to support themselves while in the United States. When humanitarian parole is granted to people who are already inside the United States, it is known as parole-in-place.
Someone who has been granted humanitarian parole, including parole-in-place, counts as having been “inspected and paroled” into the United States under federal law. This means that parolees who are eligible to apply for green cards through their spouses will be able to do so by applying for adjustment of status within the United States, without having to risk triggering reentry bars by leaving the country.
Importantly, even if someone’s particular grant of parole (including the protection from deportation and work permit that may be attached to it) expires or is revoked in future, they are still considered to have been paroled into the United States under immigration law. This means that even if the new parole program is struck down in court or is ended by a future president, those who have already been granted parole-in-place under the program will still be eligible to apply for green cards without leaving the country and risking separation.
Who Will Be Helped: Potentially Half a Million Immigrants and Their U.S. Citizen Spouses and ChildrenTo receive parole-in-place under the new Biden program, families will likely have to submit a new application using a form which has not yet been published. The June 18 announcement anticipates that applications will become available later this summer.
Without the form and accompanying Federal Register notice, the public does not know exactly who will be eligible for the new parole program. However, the June 18 announcement specified that the new program will be available only to people who:

• Have continuously resided in the United States since June 17, 2014;
• Were physically present in the United States on June 17, 2024;
• Have been legally married to a U.S. citizen as of June 17, 2024;
• Entered the United States without admission or parole and do not currently hold any lawful immigrant or nonimmigrant status;
• Have not been convicted of any disqualifying criminal offense;
• Do not pose a threat to national security or public safety; and
• Merit a favorable exercise of discretion.

Applicants will have to provide documentation proving that they meet the above criteria alongside their application form and pay a fee. However, it is not yet known exactly what forms of documentation will be accepted and what the fee will be.

Importantly, while the DHS announcement states that the parole program will be available only to people who are otherwise eligible for permanent residency, the list of criteria provided by DHS does not specify this. If this is not an explicit criterion for the parole program, some immigrants might be able to benefit for parole protections and work permits who are not eligible to convert those protections to permanent residency. For example, some individuals may be barred from adjusting their status to permanent residency if they were previously deported and then reentered the country without inspection.
The White House estimates that approximately 500,000 spouses of U.S. citizens will meet these criteria and will thus be eligible to apply for the new parole program. Additionally, children of applicants who are stepchildren of U.S. citizens will also be eligible for parole with their parents, adding 50,000 more potential beneficiaries.
Parole-in-place will give these individuals a genuine opportunity to receive the permanent residency for which they have theoretically been eligible for years or decades—and allow them to work legally in the United States while waiting for their immigrant visas to be approved. It will give much needed peace of mind and permanent solutions for not only these individuals, but their U.S. citizen spouses and, often, their U.S.-born children.

Read here.

f you have any questions or want to schedule a consultation, or need help, please email an attorney, or use our scheduler at https://calendly.com/lubasmal/

Briefly in Russian:

18 июня 2024 президент Байден подписал новый закон, который позволит супругам и детям супругов американских граждан получить гуманитарный пароль и затем грин карты, не выезжая из страны. Это поможет тем, кто въехал в США нелегально, например EWI, получить вначале пароль на 3 года parole-in-place. А затем грин карты.

Условия:
- нет судимостей
- не является риском для национальной безопасности
- это решение офицера - который не обязан давать положительный ответ
- непрерывное проживание в США более 10 лет с 17 июня 2014 года
- физически находился в США на 17 июня 2024
- брак с американским гражданином, заключенный до 17 июня 2024 (если не заключен, вы не сможете воспользоваться этим законом).

ВНИМАНИЕ - ПОКА ЭТОТ ЗАКОН НЕ ВСТУПИЛ В СИЛУ - НЕ ПОДАВАЙТЕ НИКАКИХ ЗАЯВЛЕНИЙ. В конце лета это новое правило будет опубликовано в Федеральном Регистре, и тогда мы узнаем все детали, и будет возможно подать заявления.

Для помощи обращайтесь только к адвокатам, а не к паралигалам или нотариусам, которые не имеют права давать юридический совет и оказывать помощь, если не работают в офисе адвоката под его руководством.

Пишите на емейл или запись на консультацию через наш онлайн календарь тут: https://calendly.com/lubasmal

USCIS Increases Automatic Extension of Certain EADs or Work Permits where an application for an extension was timely filed.

On April 4, 2024, U.S. Citizenship and Immigration Services (USCIS) announced a temporary final rule increasing the automatic extension period for certain employment authorization documents (EADs) to up to 540 days (from up to 180 days). The final rule is effective April 8, 2024, through September 20, 2027, except for the amendments to 8 CFR 274a.13(d)(5), which are effective from April 8, 2024, through October 15, 2025.
Noncitizens in certain employment eligibility categories who timely file Form I-765 (the Application for Employment Authorization) to renew their EADs may qualify for an automatic extension of their expiring EAD while their application remains pending. To be eligible for the automatic extension, (1) the Form I-765 must be properly and timely filed before the applicant’s current EAD expires (except certain applicants with Temporary Protected Status (TPS) or a pending TPS application); (2) the renewal application must be under a category that is eligible for automatic extension (the list of categories can be found here); and (3) the category on the applicant’s current EAD must match the “Class Requested” listed on the Form I-797C, Notice of Action, Receipt Notice.
The final rule increases the automatic extension period to up to 540 days for the following eligible EAD applicants: (1) applicants who timely and properly filed Form I-765 on or after October 27, 2023, if the application is still pending on April 8, 2024; and (2) applicants who timely and properly file their Form I-765 on or after April 8, 2024, and on or before September 30, 2025. As such, eligible renewal EAD applicants who meet one of these two categories may now receive up to 540 days of temporary work authorization while their renewal applications remain pending.

On April 9, 2024, USCIS made the following announcement:

Effective May 9, 2024, we will reject affirmative asylum applications improperly filed at service centers instead of at the lockbox with jurisdiction over your place of residence. We announced this change in filing location on May 31, 2023, and finalized the associated revision to Form I-589, Application for Asylum and for Withholding of Removal, in the Federal Register, 88 FR 60703 (Sept. 5, 2023). We expect this change to help streamline asylum processing and improve adjudication efficiency by digitizing paper filings.
​
Certain categories of affirmative asylum applicants must continue to mail their applications directly to the Asylum Vetting Center.

Unaccompanied children (UCs) in immigration court proceedings must mail their applications to the lockbox.

Online filing is also available to affirmative asylum applicants who are not in immigration court proceedings and who do not have to submit their application to the Asylum Vetting Center.

​See the “Where to File” and “Special Instructions” sections of our Form I-589 webpage for more information and to learn where to file your application. You can also use our Filing Instructions Tool to determine where to file your Form I-589.

On April 4, U.S. Citizenship and Immigration Services (USCIS) issued policy guidance in the USCIS Policy Manual stating that immigration medical examinations properly completed and signed by a civil surgeon on or after Nov. 1, 2023, on Form I-693, Report of Immigration Medical Examination and Vaccination Record, do not expire and retain their evidentiary value indefinitely. Previous rule was that all properly completed Forms I-693 retained their evidentiary value for two years from the date of the civil surgeon’s signature.    
USCIS has determined that a properly completed Form I-693 signed by a civil surgeon on or after Nov. 1, 2023, does not expire and can be used as evidence to show that the applicant is not inadmissible on health-related grounds indefinitely.

If an applicant’s Form I-693 was completed before Nov. 1, 2023, the prior policy still applies. Before Nov. 1, 2023, civil surgeons did not need to share or report certain information to the CDC electronically. USCIS has consulted with the CDC and determined that a properly completed Form I-693 signed by a civil surgeon before Nov. 1, 2023, continues to retain evidentiary value for two years from the date of the civil surgeon’s signature. 

This does not apply to Forms I-693 filed by Operation Allies Welcome parolees. Their Forms I-693 retain their evidentiary value for three years from the date of the civil surgeon signature, through policy and in consultation with CDC. For more information see the USCIS Policy Manual, Volume 8, Part B, Chapter 4. 
Even in cases in which an applicant’s Form I-693 is valid as outlined above, USCIS officers have discretion to request more evidence or a new or updated Form I-693 if they have reason to believe the applicant’s medical condition has changed since the civil surgeon signed the Form I-693, or that the Form I-693 submitted does not accurately reflect the applicant’s medical condition.   
More Information.

По новому закону медицинский осмотр, форма I-693, подписанный врачем после 1 ноября 2023, и поданный в USCIS при подаче заявления на Грин Карту, остается действительным и не истекает.
​Медосмотр подписанный врачем до 1 ноября 2023 истекает через два (2) года по старому закону.

On April 8, 2024, USCIS will publish a temporary final rule that will provide automatic extensions of work authorization for certain employment authorization and document (“EAD”) renewal applicants.
Effective October 26, 2023, USCIS shortened the automatic extension for certain EADs from 540 days to 180 days.

USCIS has now determined that the 180-day automatic extension is not enough time, given the number of EAD renewal applicant. To avoid lapses and the issues that arise from individuals losing work authorization, DHS is temporarily amending existing regulations to increase the automatic extension period to 540 days, up from 180, for certain applicants.

The rule will apply to those applicants whose EAD applications were timely filed on or after October 27, 2023, if their application is still pending on April 8, 2024. The temporary final rule will also apply to EAD renewal applicants eligible to receive an automatic extension who timely and properly file their EAD application on or after April 8, 2024, and on or before Sept. 30, 2025.

The following EAD categories will qualify for the 540-day extension:

• Adjustment of status applicants (C09);
• Temporary Protected Status (TPS) (A12 or C19);
• Refugees and asylees (A3 and A5);
• Noncitizens who have properly filed applications for asylum and withholding of deportation or removal (C08);
• Approved self-petitioners under the Violence Against Women Act (VAWA) and their qualified children (A31);
• H-4 spouses with a valid H-4 I-94 (C26);
• E-1, E-2, and E-3 spouses with a valid E spousal I-94 (A17), however, E-1, E-2 and E-3 spouses are employed incident to valid E-1S, E-2S and E-3S status and do not need to apply for an EAD;
• L-2 spouses with a valid L-2 I-94 (A18), however, L-2 spouses are employment authorized incident to their L-2S status and do not need to file for an EAD.

Employers who have employees working pursuant to the automatic EAD extension will not need to do an I-9 update until the employee reaches the end date of their 540-day extension.

Read more here.

Начиная с 8 апреля 2024, USCIS автоматически продлевает разрешения на работу на 540 дней (вместо 180) для некоторых категорий, поданные после 27 октября 2023.

​

In March 2024, USCIS updated its Policy Manual on how to request USCIS to expedite adjudication of the application or petition.

USCIS Publicshed a Memo and updated the Manual. 

Immigration benefit requestors or their authorized representative may request that USCIS expedite the adjudication of their application, petition, request, appeal, or motion that is under USCIS jurisdiction.[1] USCIS considers all expedite requests on a case-by-case basis in the exercise of discretion and generally requires documentation to support such requests. The decision to expedite is within the sole discretion of USCIS.

As expediting an application, petition, request, appeal, or motion generally means that USCIS would adjudicate the requestor's benefit ahead of others who filed earlier, USCIS carefully weighs the urgency and merit of each expedite request.

A. Expedite Criteria or CircumstancesUSCIS may expedite adjudication of an application, petition, request, appeal, or motion at its discretion. USCIS considers the totality of the circumstances and evidence submitted in support of an expedite request.

Relevant criteria or circumstances that may be considered in determining whether to grant an expedite request include, but are not limited to, the following:

• Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure to timely file the benefit request or to timely respond to any requests for evidence.[2]
• Emergencies or urgent humanitarian situations.
• Nonprofit organization (as designated by the Internal Revenue Service (IRS)) whose request is in furtherance of the cultural or social interests of the United States.
• Government interests, including cases identified by the government as urgent because they involve the public interest, public safety, national interest, or national security interests.
• Clear USCIS error.

1. Severe Financial Loss as a Basis for Expedited TreatmentA company can demonstrate that it would suffer a severe financial loss if it is at risk of failing, losing a critical contract, or required to lay off other employees. For example, a medical office may suffer severe financial loss if a gap in a doctor’s employment authorization would require the medical practice to lay off its medical assistants.
Job loss may be sufficient to establish severe financial loss for a person, depending on the individual circumstances. For example, the inability to travel for work that would result in job loss might warrant expedited treatment. The need to obtain employment authorization, standing alone, without evidence of other compelling factors, does not warrant expedited treatment.
In addition, severe financial loss may also be established where failure to expedite would result in a loss of critical public benefits or services.

2. Expedited Treatment Based on Emergency or Urgent Humanitarian Situations

In the context of an expedite request, an emergency or urgent humanitarian situation is a pressing or critical circumstance related to human welfare. Human welfare means issues related to the well-being of a person or group. Examples include, but are not limited to, illness, disability, death of a family member or close friend, or extreme living conditions, such as those caused by natural catastrophes or armed conflict.
USCIS considers requests related to a requestor’s individual welfare and requests that are related to the welfare of others. For example, to facilitate the well-being of an individual, USCIS may expedite a benefit request where a vulnerable person’s safety may be otherwise compromised. To facilitate the well-being of others, for example, USCIS may expedite employment authorization for healthcare workers during a pandemic.

Certain benefit requests, such as asylum applications, refugee applications, and requests for humanitarian parole, by their nature involve urgent humanitarian situations. Therefore, filing a humanitarian-based benefit, standing alone, without evidence of other time-sensitive or compelling factors, generally may not warrant expedited treatment under this criterion.[3]

Travel-Related Requests

USCIS considers expedited processing of an Application for Travel Document (Form I-131) when there is a pressing or critical need for an applicant to travel outside the United States.
Expedited processing of a travel document may be warranted when there is an unexpected event, such as the pressing or critical need to travel outside the United States to obtain medical treatment in a limited amount of time, or due to the death or grave illness of a family member or close friend.
Expedited processing of a travel document may also be warranted when there is a pressing or critical need to travel outside the United States for a planned event, but processing times prevent USCIS from issuing the travel document by the planned date of departure. When the need to expedite issuance of a travel document is related to a planned event, USCIS considers whether the applicant timely filed the Form I-131 or timely responded to a request for evidence.[4]

For example, a requestor may have applied for a travel document 5 months ago when they learned of the event, but their case remains pending, and they must travel for an event which is now in 45 days, such as for a:

• Work or professional commitment (such as a meeting, conference, forum, seminar, or training);
• Academic commitment (such as a study abroad program, research trip, forum, seminar, conference, or practicum); or
• Personal commitment (such as a wedding or graduation).

The examples of travel-related emergencies provided above are not exhaustive. Officers should review travel-related expedite requests on a case-by-case basis to determine if the need to travel is pressing or critical.
A benefit requestor’s desire to travel solely for vacation generally does not meet the definition of a pressing or critical need to travel.

3. Nonprofit Organization Seeking Expedited Treatment

A nonprofit organization seeking to expedite a beneficiary’s benefit request must demonstrate an urgent need to expedite the case based on the beneficiary’s specific role within the nonprofit in furthering cultural or social interests (as opposed to the organization’s role in furthering social or cultural interests). Examples may include a medical professional urgently needed for medical research related to a specific “social” U.S. interest (such as the COVID-19 pandemic or other socially impactful research or project) or a university professor urgently needed to participate in a specific and imminent cultural program. Another example is a religious organization that urgently needs a beneficiary’s specific services and skill set to continue a vital social outreach program. In such instances, the religious organization must articulate why the respective beneficiary is specifically needed, as opposed to pointing to a general shortage alone.

4. Expedited Treatment Based on Government Interests

Government interests refer to interests of any federal, state, tribal, territorial, or local government of the United States.[5] This includes cases identified as urgent by the government because they involve public interest, public safety, national interest, or national security interests. The request must be made by a person who has authority to represent the agency or department, such as an official, manager, supervisor, or tribal leader, on the matter for which expedited treatment is being requested. The request must demonstrate that the interests are pressing and substantive.
Where a federal agency or department identifies an articulable federal government interest in accordance with these criteria, USCIS generally defers to that federal agency or department’s assessment.
If the request relates to employment authorization, the request must demonstrate that the need for the applicant to be authorized to work is critical to the mission of the requesting agency or department, and goes beyond a general need to retain a particular worker or person. For example, an applicant for employment authorization may warrant expedited processing based on government interests when the applicant is a victim or witness who is cooperating with the government and needs employment authorization because the respective agency is seeking back pay or reinstatement in court proceedings.

5. Clear USCIS Error

USCIS may consider an expedite request based on clear USCIS error when a requestor establishes an urgent need to correct the error. For example, an applicant who receives an Employment Authorization Document with incorrect information that prevents them from being able to work may request a replacement document on an expedited basis if USCIS caused the error.[6]

B. How to Request Expedited Processing

The process to request expedited processing may vary by form type and the office that has jurisdiction over the benefit request. USCIS provides specific information on submitting expedite requests on the Expedite Requests webpage.
Benefit requestors must demonstrate their need for expedited processing. Generally, USCIS requires documentation to support expedite requests. When additional documentation is needed, USCIS asks the requestor to submit supporting evidence.

1. Premium Processing

​A benefit requestor cannot request expedited processing for petitions and applications where premium processing service is available for their filing category unless they meet the exception for certain nonprofit organizations.

A benefit requestor that is designated as a nonprofit organization by the IRS seeking a beneficiary whose services are needed in furtherance of the cultural or social interests of the United States may request that the benefit it seeks be expedited without a fee, even if premium processing is available for that benefit.[7] USCIS retains discretion not to expedite the benefit request. The benefit requestor may also request premium processing for the benefit.

C. How USCIS Processes Requests for Expedited TreatmentUsing its discretion, USCIS considers expedite requests according to the criteria and circumstances described above. Not every circumstance that fits under the criteria or examples above necessarily results in expedited processing.[8]

Circumstances that Impact USCIS' Ability to Expedite

Some circumstances may prolong or inhibit USCIS’ ability to expedite certain benefit requests. Examples include, but are not limited to, when:

• The benefit requestor must perform a certain action or submit additional documentation or evidence, such as attend a biometric services appointment, be interviewed, or complete any required immigration medical examination;[9]
• There is a required background check that remains pending with a third-party agency;
• An application or petition requires an on-site inspection;[10] or
• An application or petition is dependent on the adjudication of a principal’s application or petition.

Responding to Expedite Requests

USCIS generally sends a response to expedite requests that are submitted through the Contact Center. However, to increase efficiency in processing expedite requests, USCIS generally does not provide justifications regarding expedite decisions.

Requestors in Removal Proceedings

Expedited processing of benefit requests for noncitizens with final orders of removal or noncitizens in removal proceedings is coordinated between USCIS and U.S. Immigration and Customs Enforcement (ICE).[11]

USCIS Policy Manual.

On January 31, 2024, USCIS Published its final rule on fee changes for applications, due to take effect on April 1, 2024 (“New Fee Rule”).

The New Fee Rule can be found in the Federal Register at 89 Fed. Reg. 6,194 (Jan. 31, 2024), and USCIS has published Frequently Asked Questions at https://www.uscis.gov/forms/filing-fees/frequently-asked-questions-on-the-uscisfee-rule.

USCIS also published a new fee schedule reflecting the New Fee Rule, available here: https://www.uscis.gov/g-1055. Several forms and instructions will also be updated as a result of the New Fee Rule. Although the New Fee Rule will result in increased fees for many applications, it eliminates most application fees for immigrant survivors of abuse, crime, and human trafficking (“survivors”), without the need to file a fee waiver request.

​The New Fee Rule also provides that applications filed online1 where a fee is required are eligible for a $50 discount. This practice alert will explain which categories and forms will be eligible for fee exemptions under the New Fee Rule; address changes to the fee waiver policy that also benefit survivors; and identify some unknowns that need clarification. 

USCIS also provided a new guidance how to prepare and submit Form I-912, Fee Waiver.

ALERT: On March 19, 2024, opponents of the New Fee Rule filed a lawsuit in Federal District Court in Colorado, challenging the regulation under the Federal Antideficiency Act and the Administrative Procedures Act. See Moody, et al. v. Mayorkas, et al., Case No. 1:34-cv-00762- REB (D. Colo. Mar. 19, 2024).

At the time of writing, the New Fee Rule is still set to take effect on April 1, 2024, but people should stay tuned for updates as this lawsuit progresses.

​Please read more here.

Students studying in the United States in F or M visa status must have a foreign residence that they have no intention of abandoning. A new USCIS policy manual update has clarified that being the beneficiary of a PERM application or an immigrant visa petition does not mean the student cannot demonstrate their intention to depart after their temporary stay in the United States.

This was a particularly thorny issue before this clarification. For instance, students might be working in OPT or STEM OPT status for an employer that offers to sponsor them for a green card. Students would like to start a sponsorship soon in order to obtain a priority date, even if they might not be able to adjust status to permanent resident status for many years. The problem has been that being sponsored could mean they could not travel abroad and renew their F visas because they would be considered to have nonimmigrant intent. Indeed, they might be “trapped” in the United States until they manage to obtain H or L status (which allows dual intent).
​
USCIS acknowledges in the new guidance:
“The foreign residence requirement should be adjudicated differently for students than for other nonimmigrants. Typically, students lack the strong economic and social ties of more established applicants, and they plan longer stays in the United States. INA 101(a)(15)(F)(i) assumes that the natural circumstances of being a student do not disqualify the student from qualifying for nonimmigrant status. Considerations should include the student’s present intent, not what they might do after a lengthy stay in the United States.”
​
The new policy recognizes that students “are young” and may not be able to explain fully their plans or their post-graduation long-range plans. It should suffice that they have a present intent to leave the United States at the completion of their studies. Of course, nothing is guaranteed, and an officer adjudicating an F or M visa would have to look at all of the circumstances to determine the student’s present intent.

The new policy guidance also clarifies that students with STEM degrees may qualify for STEM OPT even if they will be working for a start-up company. Before this clarification, there were questions on whether a start-up with limited resources could provide the necessary training. What the guidance makes clear is that there is no presumption a start-up cannot sponsor STEM OPT. The company will need to show (among other things) that it has the ability to:

• Adhere to the training program;
• Remain in good standing with E-Verify; and
• Provide compensation to the STEM student that is basically equivalent to the pay provided to similarly situated U.S. workers.

The new policy guidance put together all existing policies regarding students (including, among others, eligibility, transfers, on-and-off campus employment, practical training, and transfers) making finding information about these topics easier. Please see USCIS added 6 chapters and an appendix.

​

Eligible Ukrainians Can Now Apply for Re-Parole - Form I-131 with a Filing Fee.

С 11 октября 2024 новая форма заявления I-131 заменила старую форму (edition date 06/17/2024). Новая форма I-131 имеет 14 страниц вместо 5, и много новых опций. Будьте внимательны выбирая опцию для Украины как онлайн так и в бумажной форме. Смотрите на странице 4 в бумажной форме. Госпошлина за эту опцию re-parole for Ukraine $630 (или на $50 дешевле, если подается онлайн). 

Начиная с 27 февраля 2024 украинцы, находящиеся в США по гуманитарному паролю в связи с войной, могут подать заявление на продление пароля (форма I-131 с уплатой госпошлины). ПОСЛЕ того, как пароль продлят, если его утвердят, заявитель может подать заявление на новое разрешение на работу.
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Важно подать ДО истечения пароля, но можно подать и позже Важно подавать не вместе, а по отдельности: 1) Form I-131, 2) Form I-765 - после утверждения I-131. 

Продление пароля полезно тем украинцам и членам их семей - кто НЕ получили ТПС, у кого нет заявления на грин карту на рассмотрение, и нет других вариантов для лагализации для легализации. Это важно сделать если вы хотите оставаться в легальном статусе, и у вас нет других вариантов.

Предпочтительно подавать онлайн.

Каждый член семьи подает отдльно со своего аккаунта. Заявления не зависят друг от друга.

Пароль продлят на два года с даты истечения текущего пароля.

Утверждение не гарантировано. 

Только ЕСЛИ утвердят пароль,можно будет подавать на разрешение на работу по этой категории. Или вы можете подавать на разрешение на работу по ТПС, если у вас есть статус TPS/

Помните, что с 1 апреля 2024 вступают в силу новые госпошлины.

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Начиная с 27 февраля 2024 украинцы, находящиеся в США по гуманитарному паролю в связи с войной, могут подать заявление на продление пароля (форма 131 с уплатой госпошлины, которая в настоящее время 575). ПОСЛЕ того, как пароль продлят, если его продлят, заявитель сможет подать заявление на новое разрешение на работу.
Важно подать ДО истечения пароля. Важно подавать не вместе, а по отдельности: 1) Form I-131 - госпошлина $575, 2) Form I-765 - после утверждения I-131. Госпошлина $410.
С 1 апреля 2024 вступают в силу новые госпошлины.

Beginning Feb. 27, 2024, certain Ukrainian citizens and their immediate family members displaced by the war and paroled into the United States on or after Feb. 11, 2022, will be able to apply for a new period of parole (also known as re-parole) for up to two years. USCIS will consider these applications on a discretionary, case-by-case basis for urgent humanitarian reasons or significant public benefit. To apply for re-parole, eligible applicants should submit Form I-131, Application for Travel Document, with the appropriate filing fee through a USCIS online account to save time and reduce errors commonly found on paper-filed forms that can lead to delays. Once approved for re-parole, Ukrainians can then apply for an initial or renewal Employment Authorization Document with USCIS. 

To be eligible for re-parole under this process, you must demonstrate the following: 

• That you are a Ukrainian citizen or their immediate family member who was paroled into the United States on or after Feb. 11, 2022; 
• That there are continued urgent humanitarian reasons or significant public benefit for issuance of a new period of parole, including the urgent humanitarian reasons or significant public benefit factors identified above, as well as any additional factors; 
• That you warrant a favorable exercise of discretion; 
• That you are physically present in the United States; 
• That you have complied with the conditions of the initial parole; and 
• That you clear biographic and biometric background checks. 

You can find your initial date of parole on your Form I-94, Arrival/Departure Record, issued by U.S. Customs and Border Protection.
It is important that you file your application for re-parole before the end of your initial parole period. If circumstances allow, USCIS recommends filing your application for re-parole no later than 60 days before the last day of your initial parole period.  

Required Documents
You must use Form I-131 to request re-parole. You can submit Form I-131 online or on paper by mail. You do not need to file Form I-134, Declaration of Financial Support, or Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, as a supporter is not required for re-parole. Regardless of whether you apply for re-parole online or on paper by mail, you must provide documentation to confirm your initial period of parole and identity, including your photo, name, and date of birth. Examples include: 

• Form I-94; 
• A copy of both sides of your USCIS-issued Employment Authorization Document (EAD), if you applied for and received one; 
• A copy of both sides of your U.S. government-issued driver’s license or U.S. government- issued ID, if you applied for and received one; or 
• A copy of the identity (biographical) page of your passport and copies of all admission and parole stamps in your passport for entries into the United States. Please note that children may be included in a parent’s Ukrainian passport; in such cases, the children’s information will not be on the identity page. 

If you submit any document containing information in a foreign language to USCIS, you must include a full English language translation that the translator has certified as complete and accurate and include the translator’s certification that they are competent to translate from the foreign language into English. 

Employment Authorization
If USCIS approves your application for re-parole, you can then apply separately for a new EAD, for the duration of your new period of parole, by submitting Form I-765, Application for Employment Authorization, to USCIS after they approve your re-parole.

If you file Form I-765 before grant of re-parole, USCIS may deny your Form I-765, and will not refund any associated fees. You can apply for an EAD through a USCIS online account.  

While their new EAD application is pending, parolees who have received re-parole may be able to show their new Form I-94 (issued following the grant of re-parole) as acceptable evidence of identity and employment authorization for a period of up to 90 days from the date they are hired (or for reverification of employment eligibility when the initial EAD expires).  To use the I-94 for this purpose, a parolee must have been:  

• Granted re-parole as a certain Ukrainian citizen or an immediate family member;  
• Have a most recent date of entry on or before Sept. 30, 2023; and  
• Have a new I-94 with “UHP” listed as the class of admission.  

Within 90 days, the employee must present an unexpired EAD or unrestricted Social Security card and a List B identity document such as a state-issued driver’s license or identification card to meet the Form I-9 requirements.   

Have You Moved? 
As a condition of your parole, you must update your address with USCIS each time you move and within 10 days of moving. We strongly encourage you to change your address through your USCIS online account. This will help ensure you receive all correspondence and benefits from us in a timely manner and avoid possible delays.  
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Frequently Asked Questions 
What do I need to know to complete the Form I-131 for re-parole? 
 On the online form, this will be the first question under the first section, called “Basis of Eligibility.” In the same section you must also select “yes” to the question, “Are you applying for re-parole?” 
  
On the paper form, this option is located in part 2, item 1.e. You also must write “Ukraine Re-Parole” at the top of the form if you file on paper and mail your form to the designated filing location. 
  
For detailed instructions on how to apply for re-parole under this process, visit the Re-Parole Process for Certain Ukrainians webpage. 
 

How much does it cost to apply for re-parole? 
The current Form I-131 filing fee is $575. There is no cost for biometric services. If you want to request a fee waiver, you must file Form I-131 on paper. You cannot apply for re-parole online if you are submitting a fee waiver request.  
  
Note: Our fees will be changing on April 1, 2024. Before filing, you should always check for the most up-to-date filing fee by visiting the Form I-131 page. 
 

Do I need to apply for a new EAD to be able to continue working? 
Yes. If your application for re-parole is approved, you may file Form I-765 through your USCIS online account. Do not file your Form I-765 until after we approve your re-parole application. Eligible parolees whose Form I-765 is approved will receive an EAD that they can present to their employer for Form I-9, Employment Eligibility Verification.  
  
If you are approved for re-parole, you may be able to use your updated I-94 as an acceptable identity and work authorization document for a limited time while USCIS adjudicates your Form I-765, if you were paroled on or before Sept. 30, 2023.  Individuals who receive a Form I-131 approval notice showing a new period of parole should visit the U.S. Customs and Border Protection Form I-94 website to view and print a copy of their new Form I-94. If USCIS approves your re-parole application, the updated I-94 will show a “class of admission” of “UHP.” 
  
For parolees who are granted re-parole and whose new, unexpired Form I-94 includes a UHP class of admission and a “Most Recent Date of Entry” on or before Sept. 30, 2023, the Form I-94 is an acceptable List A receipt that shows their identity and employment authorization for Form I-9, Employment Eligibility Verification. This satisfies the Form I-9 requirement for 90 days from the date of hire (or in the case of reverification, the date employment authorization expires). 
 
After the 90-day period, parolees must present an unexpired EAD, or unrestricted Social Security card and acceptable List B identity document from the Form I-9 Lists of Acceptable Documents (such as a state-issued driver’s license or identification card). We recommend filing Form I-765 as soon as we approve your re-parole application. USCIS will provide additional guidance to employers about completion of the Form I-9. 
  

My first EAD is expiring soon. Will USCIS waive the filing fee for my second EAD? 
No. While USCIS did not initially require a filing fee for most of the parolees who are now eligible to apply for this process, you must submit Form I-765 for your second EAD, and include the current filing fee of $410. Before you file, check for the most up-to-date filing fee by visiting the Form I-765 page.  
  
If you want to request a fee waiver, you must file Form I-765 on paper. You cannot apply for an EAD online if you are submitting a fee waiver request. 
 

If I request a fee waiver, will it affect my application? 
 
No. Requesting a waiver of the Form I-765 fee does not affect the adjudication of your employment authorization. 
 

Do I need to file any other forms to apply for re-parole? 
No. You only need to file Form I-131 with the required supporting documents to apply for re-parole.  
 

How soon can I file for re-parole? 
 
It is important that you file your application for re-parole before the end of your initial parole period. If circumstances allow, USCIS recommends filing your application for re-parole no later than 60 days before the last day of your initial parole period. We will be prioritizing cases based on parole expiration dates. 
 

What if my initial parole expires while my re-parole application is pending?  After your initial parole expires, you no longer are in an authorized period of stay unless you have been granted an immigration status, such as asylum or TPS, or are otherwise in an authorized period of stay, such as if you have a pending asylum, TPS, or Green Card application. We encourage you to file your re-parole application as soon as possible. 


Action Items 

• Create your free USCIS online account today to apply for re-parole. By applying online, you can prevent common mistakes on your forms. If you already have an account, confirm that you have access to it. Through a USCIS online account, you can check the status of your case, access your notices from USCIS, communicate with us, and respond to requests for evidence. Even if you plan to apply for re-parole and for a new EAD by paper, you are still encouraged to create a USCIS online account to check on your case status and access USCIS notices. 
• Update your address through your USCIS online account or follow the information provided on our How to Change Your Address webpage if you are filing on paper. This will help to ensure you receive all correspondence and benefits in a timely manner. 
• Review and ensure completion of all attestation requirements through your USCIS online account, including:

• • An attestation that you have completed vaccine requirements or are eligible for an exception to vaccine requirements for measles, polio, and the first dose of an FDA-approved or -authorized COVID-19 vaccine or a WHO-Emergency use listed (EUL) COVID-19 vaccine. 
  • An attestation that you received a medical screening for tuberculosis, including an Interferon-Gamma Release Assay (IGRA) test, within 90 days. 

• Gather all required documents. 
• Timely apply for re-parole before your initial parole period ends.  
• Learn more about the benefits of filing online today. 

Important Resources 

• How to Create a USCIS Online Account in Ukrainian 
• How to Create a USCIS Online Account in Russian 
• Request technical support with your USCIS online account. 
• Learn more about re-parole for certain Ukrainian citizens and non-Ukrainian immediate family members at the Re-Parole Process for Certain Ukrainians webpage. 
• We may have the answer to your questions on our frequently asked questions page.  

 ​Immigrants are now far more likely to face the complexities of the immigration court system alone, without an attorney. As of December 2023, only 30% of immigrants with pending cases have immigration attorneys, down from 65% just four years ago. There are not enough judged and immigration courts.

This new data comes from Syracuse University’s Transactional Records Access Clearinghouse (TRAC). On January 24, TRAC published data showing that representation rates at U.S. immigration courts have decreased significantly. These trends highlight concerns about migrants’ ability to obtain an attorney to navigate our immigration system.

Federal law generally provides immigrants the right to secure legal representation before federal immigration agencies, but immigrants must pay the cost—or secure the assistance of a pro bono (free) attorney, if they can find one. There is no right to have a free lawyer in Immigration Court.

he assistance of an attorney can be crucial to succeeding in one’s case. For example, in removal proceedings, immigrants not subject to immigration detention are five times more likely to obtain relief if they are represented. Attorneys also contribute to efficiencies in removal proceedings, including fewer hearings and more successful claims.

Cases before the immigration courts have grown substantially in the last decade. In 2013, there were 344,230 pending cases. Now the backlog stands at more than 3.2 million cases.

This is the result of many reasons. Recently, however, as undocumented migrant arrivals increase, a dramatic increase in newly filed cases during the past year--nearly 1.5 million—are causing concern about whether the supply of immigration attorneys can meet the current demand by asylum seekers.

In addition, many of those filing the asylum claims, don't see it necessary to consult or hire an attorney. Many migrants who spent US$15,000-$50,000 and more to travel to the USA to illegally cross the Southern border (many arriving from Asia or Europe), incorrectly assume that the lawyer will be provided to them for free, or take for granted that their status will be approved, or simply don't care as long as they are in the USA. Often, ethical attorneys refuse representation when the prospective clients have no legitimate claim for immigration benefits besides being interested in living in the United States. As a result, currently, only about 30% of immigrants with cases in Immigration Court have attorneys.

There is a deep and growing crisis at the Southern border, affecting our already ineffective immigration system, and creating many national security risks.

On January 24, 2024, U.S. Citizenship and Immigration Services (USCIS) is issued policy guidance in the USCIS Policy Manual to address when USCIS may, in its discretion, excuse untimely filed extensions of stay and change of status requests.

Generally, certain nonimmigrants present in the United States admitted for a specified period of time, or their petitioners, may request an extension of their admission period in order to continue to engage in those activities permitted under the nonimmigrant classification in which they were admitted.1 Also, certain nonimmigrants present in the United States, or their petitioners, may seek to change their status to another nonimmigrant classification if they meet certain requirements.

In general, USCIS does not approve an extension of stay or change of status for a person who failed to maintain the previously accorded status or where such status expired before the filing date of the application or petition. These requests must be filed while a nonimmigrant is still in status,

If certain conditions are met, however, USCIS, in its discretion, may excuse the failure to file before the period of authorized status expired. This guidance, contained in Volume 2 of the Policy Manual, is effective immediately and applies prospectively to applications or petitions filed on or after that date.

The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance on the topic.

Policy Highlights

• Provides that USCIS, in its discretion and under certain conditions, may excuse the failure to timely file extensions of stay and change of status requests if the delay was due to extraordinary circumstances beyond the control of the person.

• Clarifies that extraordinary circumstances may include but are not limited to: where the delay was due to a slowdown or stoppage of work involving a strike, lockout, or other labor dispute; 
or where the primary reason for the late filing is due to a lapse in government funding supporting those adjudications.

Summary of Changes

Affected Section: Volume 2 > Part A > Chapter 4 > Section A, Extension of Stay or Change of Status • Adds a new italicized subsection “Requirements to Timely File a Request to Extend Stay or Change Status.” USCIS may also make other minor technical, stylistic, and conforming changes consistent with this update. Citation Volume 2: Nonimmigrants, Part A, Nonimmigrant Policies and Procedures, Chapter 4, Extension of Stay, Change of Status, and Extension of Petition Validity [2 USCIS-PM A.4]. 

Requirements to Timely File a Request to Extend Stay or Change Status
In general, USCIS does not approve an extension of stay or change of status for a person who failed to maintain the previously accorded status or where such status expired before the filing date of the application or petition.[5] USCIS, in its discretion, may excuse the failure to file before the period of authorized status expired where the requester demonstrates within the extension of stay or change of status request that:

• The delay was due to extraordinary circumstances beyond the person’s control;
• The length of the delay was commensurate with the circumstances;
• The person has not otherwise violated their nonimmigrant status;
• The person remains a bona fide nonimmigrant; and
• The person is not the subject of removal proceedings and, in the case of extensions of stay, is also not the subject of deportation proceedings.[6]

In general, subject to its discretion, examples of what USCIS considers extraordinary circumstances beyond the control of the person may include, but are not limited to:

• Where the person remained in the United States after the expiration of the period of admission due to a slowdown or stoppage of work involving a strike, lockout, or other labor dispute; or
• Where the primary reason for the late filing is the inability to obtain a certified labor condition application or temporary labor certification due to a lapse in government funding supporting those adjudications.

If USCIS approves an untimely filed application or petition to extend an applicant’s or beneficiary’s stay, the approval is effective as of the date of the expiration of the prior nonimmigrant admission period.[7] When USCIS approves a late filed application for a change of status, the change of status takes effect on the approval date. USCIS considers the applicant or beneficiary of an approved untimely change of status request to have maintained lawful status during the period USCIS excused.[8]

In 2020 when USCIS planned to increase its filing fees, the court blocked it. Since then, USCIS deferred its proposed filing fee increase until 2024.

This increase will come on top of the increased premium processing fees that will go into effect on Feb. 26, 2024. The premium processing fee increase is approximately 12%. Some of the proposed general filing fee increases went well beyond that.
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The USCIS' budget is fee-based and the increased fees were proposed to recover operating costs and decrease backlogs.

Effective April 1, 2024, the USCIS filing fees will increase. 

New schedule of fees is published in the Federal Register here.

Adjustment of Status (Form I–485) and Family-Based Fees

In this final rule, DHS provides that Form I–485, Application to Register Permanent Residence or Adjust Status, applicants will pay half of the regular Form I–765, Application for Employment Authorization, fee when it is filed with a Form I–485 for which the fee is paid if the adjustment application is pending. See8 CFR 106.2(a)(44)(i). DHS is setting the filing fee for a Form I–765 filed concurrently with Form I–485 after the effective date at $260. See8 CFR 106.2(a)(44)(i).The proposed rule also would have ($1,540). See88 FR 402, 494 (Jan. 4, 2023). In the final rule, DHS provides that, when filing with parents, children will pay a lesser fee of $950 for Form I–485. See8 CFR 106.2(a)(20)(ii).

Naturalization and Citizenship Fees

This final rule expands eligibility for paying half of the regular fee for Form N–400, Application for Naturalization. An applicant with household income at or below 400 percent of Federal Poverty Guidelines (FPG) may pay half price for their Application for Naturalization. See8 CFR 106.2(b)(3)(ii).

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Please see the Schedule of proposed fees below.

March 2024 Update:

ALERT: On March 19, 2024, opponents of the New Fee Rule filed a lawsuit in Federal District Court in Colorado, challenging the regulation under the Federal Antideficiency Act and the Administrative Procedures Act. See Moody, et al. v. Mayorkas, et al., Case No. 1:34-cv-00762- REB (D. Colo. Mar. 19, 2024).

On December 21, 2023, the U.S. Department of State (DOS) announced that for 2024 it would continue to waive the requirement of consular interviews for certain nonimmigrant visa applications. However, the 2024 waiver requirements are very different from the 2023 requirements. The 2024 requirements, which took effect January 1, 2024, generally apply to the following:
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• First-time H-2 visa applicants (temporary agricultural and nonagricultural workers).
• Others applying for any nonimmigrant visa classification who
  • Were previously issued any nonimmigrant visa except a B visa, and
  • Are applying within 48 months of the expiration date of their most recent nonimmigrant visa.

For 2023, more limited categories were eligible for interview waivers, including students, academic (J) Exchange Visitors, and employment-based and other categories. However, waivers were available for first-time applications as well as renewal applications, and the 48-month time limitation did not apply.
For 2024, all nonimmigrant visa applications except B (Business or Visitor) are eligible for the waiver, but they are limited to renewals unless in the H-2 category, and the visa application must have been made no more than 48 months after the expiration date of the most recent nonimmigrant visa. The current authorization will be reviewed annually and will remain in place until further notice.

Additional eligibility requirements for the interview waiverTo be eligible for an interview waiver, applicants must also meet certain criteria, including that they:

• apply in their country of nationality or residence.
  
  
• have never been refused a visa (unless such refusal was overcome or waived).
  
  
• have no apparent or potential ineligibility.

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Consular discretion remains
The State Department adds the caveat that consular officers have the discretion to require in-person interviews on a case-by-case basis or because of local conditions. The announcement reminds applicants to check the websites of the applicable embassy or consulate for more detailed information about visa application requirements to be sure that interview waivers are available. Conclusion The interview waiver policy plays an important part of the State Department's efforts to expedite the visa application process. The interview requirement can take time and can delay adjudication. Again, applicants should check with the applicable U.S. embassy or consulate to determine whether, and to what extent, the interview waiver policy has been implemented.

​Read more at the DOS website.

USCIS has announced that fees will increase for all requests for Premium Processing. The increases will apply to all requests for premium processing that are postmarked on or after February 26, 2024. According to the USCIS, one reason for the increase is to account for inflation in 2021, 2022, and the first half of 2023.

The guaranteed premium processing time for most non-immigrant and immigrant employment-based petitions is 15 calendar days (45 days for certain Form I-140 Immigrant Petitions) and 30 days for Form I-539 and I-765 applications filed by individuals.

The following table, provided by the USCIS, shows the fees currently in effect as well as the fees that will apply starting February 26, 2024:

Read USCIS' announcement here.

If USCIS receives a Form I-907 postmarked on or after Feb. 26, 2024 with the incorrect filing fee, we will reject the Form I-907 and return the filing fee. For filings sent by commercial courier (such as UPS, FedEx, and DHL), the postmark date is the date reflected on the courier receipt.

ALERT: Starting June 26, 2024, USCIS will accept Form I-907 requests, filed either via paper form or online, for applicants seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 status, when filed together with Form I-539.
As of June 13, 2023, USCIS has been accepting Form I-907 requests, filed via paper form or online, for applicants seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 status, who have a pending Form I-539, Application to Extend/Change Nonimmigrant Status.

We posted about this new Pilot program last year here.

It is expected to run between January 29 and April 1, 2024.

Currently, all visa holders are required to travel to consulates abroad to renew the visa stamps on their passports. The pilot program aims to alleviate massive backlogs and wait times at the consulates abroad.
The Department of State’s initial Domestic Visa Renewal Pilot program will run from January 29, 2024, through April 1, 2024. Applicants who meet the requirements may choose to participate during the application window by applying online. Currently, the program will only service H-1B holders (not their dependents) to limit the scope of applicants during this initial trial period. To control the number of applications received, each week, the Department will release approximately 2,000 application slots for applicants whose most recent H-1B visas were issued by Mission Canada and about 2,000 application slots for those whose most recent H-1B visas were issued by Mission India (about 4,000 total each week) on the following dates:

• January 29,
• February 5,
• February 12,
• February 19, and
• February 26.

Once the limit is reached, the online portal will be locked until the next tranche of slots is released for each participating Mission group on the next application date. The application period will close when all application slots are filled or on April 1, 2024.
Requirements for Participation
Applicants may participate if they

1. are seeking to renew an H-1B visa; during the pilot phase, the Department will not process any other visa classifications;
2. have a prior H-1B visa that is being renewed was issued by Mission Canada with an issuance date from January 1, 2020, through April 1, 2023; or by Mission India with an issuance date of February 1, 2021, through September 30, 2021;
3. are not subject to a nonimmigrant visa issuance fee (Note: this is commonly referred to as a “reciprocity fee”);
4. are eligible for a waiver of the in-person interview requirement;
5. have submitted ten fingerprints to the Department in connection with a previous visa application;
6. do not have a prior visa that does not include a “clearance received” annotation;
7. do not have a visa ineligibility that would require a waiver before visa issuance;
8. have an approved and unexpired H-1B petition;
9. were most recently admitted to the United States in H-1B status;
10. are currently maintaining H-1B status in the United States;
11. do not have a period of authorized admission in H-1B status that has expired, and
12. intend to reenter the United States in H-1B status after a temporary period abroad.

Applicants will complete a series of questions in the self-assessment tool to help applicants determine if they qualify under the above criteria. Qualified applicants will then complete the DS-160 and pay the MRV fee. Applicants will then be provided with an address to send their documents for processing, including one passport-style photograph, their original passport, a copy of the current I-797 approval notice, I-94, and receipt of fee payment. Note that the self-assessment tool to determine eligibility is only capable of screening out some unqualified applicants. If an applicant is determined unqualified after paying the MRV fee, their payment will NOT be refunded.
The Department of State expects visa processing to take 6-8 weeks, with all applications completed by May 1, 2024. Urgent travel applicants are encouraged to apply for a visa at the consulate in their home country.

On December 20, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that it has updated its policy guidance on international students to consolidate and clarify existing policy regarding F and M nonimmigrant students. 
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The updated guidance is in Volume 2, Part F, of the USCIS Policy Manual. Highlights include the following:
Nonimmigrant Intent

• Per section 214(b) the Immigration and Nationality Act (INA), international students in the F or M categories must intend to depart from the United States after a temporary period of stay and have a foreign residence that they have no intention of abandoning. Relying on the State Department’s Foreign Affairs Manual as authority, USCIS clarifies in its guidance that the foreign residence requirement should be adjudicated differently for students than for other nonimmigrants, considering that students typically lack the strong economic and social ties of more established applicants. For example, if a student had a foreign residence immediately prior to traveling to the United States, even if such residence was with parents, they may be considered to be maintaining a residence abroad if they have the present intent to depart the United States at the conclusion of their studies. Relying on the premise that most students are young, USCIS explains that international students are not expected to have long-range plans for after graduation, as long as the student presently has the intent to depart the US at the conclusion of approved activities. USCIS does not address whether older students who, for example, reside with spouses and children, can similarly qualify for the category without being able to articulate long-range plans.
• USCIS further clarifies that an international student in F or M visa status may be the beneficiary of an approved or pending permanent labor certification application or immigrant petition and still be able to demonstrate their present intent to depart the US at the conclusion of approved activities, as the fact that the student’s intent may change in the future is not a sufficient reason to deny them student classification. Despite this interpretation of nonimmigrant intent by USCIS as it relates to F or M visa status, student visa applicants are cautioned that the State Department’s Foreign Affairs Manual, which controls adjudications of F and M visa applications at consular posts abroad, uses considerably less permissible language. Rather, the Foreign Affairs Manual indicates that, while a visa requiring nonimmigrant intent may be issued to an applicant with an active immigrant petition, it reminds officers that such a petition is “reflective of an intent to immigrate” and consular officers may not issue F or M visas if they have reason to believe the applicant intends to remain in the United States beyond their authorized period of stay. 9 FAM 401.1-3(E)(2).

Optional Practical Training (OPT)

• USCIS specifies that an F student seeking an extension of optional practical training (OPT) based on a degree in a science, technology, engineering, and mathematics (STEM) field may be employed by a startup company, as long as the employer adheres to the training plan requirements, remains in good standing with E-Verify, provides compensation commensurate to that provided to similarly situated U.S. workers, and has the resources to comply with the proposed training plan. 
• Notably, the updated guidance clarifies that alternative forms of compensation, such as stock options, may be permitted during a STEM OPT extension as long as the employer provides the same type of compensation to similarly situated US workers. The requirements that the STEM OPT employer remain in good standing with E-Verify and have the resources and personnel required to appropriately train the F-1 student remain unchanged.

Q: I came to the United States on Humanitarian Parole from Ukraine (or Venezuela, Haiti, etc). I didn't apply for a work permit yet, and I do not have an employment authorization yet. I need a SSN to apply for certain benefits. Can I apply for a SSN even though I don't have a work permit yet?

A: Yes, you can. 
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Parolees from several countries  who have been granted humanitarian parole may be eligible to apply for a U.S. social security number. There are two potential methods.

(1) You can either apply directly to the Social Security Administration, or (2) you may apply for one when you file Form I-765 Application for an Employment Authorization Document (EAD).
A humanitarian parolee with only a Form I-94 or a parole stamp in their passport may only apply for a non-work Social Security number (SSN). If you are applying for benefits, your local welfare or social service agency should provide you with a referral letter to the Social Security Administration explaining that the agency needs your SSN in order to process your application for benefits. With this letter, the Social Security Administration will accept your application for an SSN.
To apply for a non-work SSN directly through the Social Security Administration, fill out the application for a Social Security Card and print the application. Bring it to your nearest Social Security Administration office, along with your passport, I-94, birth certificate, marriage certificate, and the referral letter from the welfare or social services agency. You may need to make an appointment in advance at the Social Security Administration. Prepare translations of any required documents in advance.
The link for the social security card application can be found at https://www.ssa.gov/forms/ss-5.pdf
You can look up the closest Social Security Administration office at https://secure.ssa.gov/ICON/main.jsp#officeResults
You may also apply for a social security number when you apply for your work permit, which can be provided to employers. When filling out your Form I-765 – Application for Employment Authorization Document (EAD), check boxes 14 and 15 to receive a Social Security Card. You may do this even if you previously received a non-work SSN. The information you provide on this form will then be sent to the Social Security Administration to issue you a social security card.

Once you receive your Social Security Card, please remember to sign it, and keep it in a safe place (it is not advisable to carry it on your person).

Here is a guidance from the SSA office: https://secure.ssa.gov/poms.nsf/lnx/0110211600

Here is an application for a work permit, which can be filed online at USCIS website: https://www.uscis.gov/i-765

​The Department of State (DOS) just announced a pilot program to resume domestic visa renewal for certain H-1B visa holders.  The pilot program will accept applications from January 29, 2024, to April 4, 2024, and it is limited to the renewal of certain H-1B visas issued by DOS consular offices in Canada and India. 
DOS discontinued domestic renewal of non-diplomatic nonimmigrant visas in 2004. DOS explained that the goal of the program is to test DOS’ technical and operational ability to resume domestic visa renewals for specific nonimmigrant visa classifications and to assess the efficacy of this program in reducing worldwide visa wait times. DOS explained that the pilot program is limited to those who received visas from consular posts in Canada and India in an effort to provide meaningful results without overwhelming resources as that population of applicants is representative of the larger global population.
Only H-1B visa holders are included in the pilot program. DOS explained that including other visa categories, including H-4 dependents, created additional challenges that could not be resolved before the pilot launch date. DOS will continue to develop processes to adjudicate additional visa categories concurrent with the pilot, leveraging real-time data and feedback. 
Who is Eligible?
Participation in the pilot program is limited to applicants who(se):

• Prior H-1B visa was issued by consular offices in Canada with an issuance date from January 1, 2020, through April 1, 2023; or in India with an issuance date of February 1, 2021, through September 30, 2021;
• Are not subject to a nonimmigrant visa reciprocity fee;
• Are eligible for a waiver of the in-person interview requirement;
• Have submitted ten fingerprints to the Department in connection with a previous visa application;
• Prior visa does not include a “clearance received” annotation;
• Do not have a visa ineligibility that would require a waiver;
• Have an approved and unexpired H-1B petition;
• Were most recently admitted to the United States in H-1B status;
• Are currently maintaining H-1B status in the United States;
• Period of authorized admission in H-1B status has not expired; and
• Intend to reenter the United States in H-1B status after a temporary period abroad.

Application Process
DOS will begin accepting applications on January 29, 2024, via https://travel.state.gov/content/travel/en/us-visas/employment/domestic-renewal.html.  To control the number of applications received, DOS will release 4,000 application slots each week starting January 29, with 2,000 slots for H-1B visas issued in Canada and 2,000 slots for H-1B visas issued in India.  Applicants must submit an online DS-160 application and pay a non-refundable $205 MRV fee via major debit or credit card. Applicants will receive instructions through the portal on where and how to send their passport and other required documents.
Required documents include: the electronically filed DS-160, passport (valid for at least 6 months beyond visa application date with at least one blank unmarked page), one photo which meets specifications, original or copy of current I-797 approval notice, and original or copy of I-94 (available on I-94 website or on Form I-797). As the instructions allow an “original or copy” of the I-797, applicants may wish to only send a copy of the I-797 so they retain that document for future travel and I-9 purposes. 
The average processing time is expected to be six to eight weeks from the time the passport and other required documents are received by the DOS. DOS aims to complete the processing of all applications no later than May 1, 2024.  DOS will not consider requests for expedited processing. Those who need to travel urgently may withdraw their application and request that their passport be returned.

USCIS Expands myProgress to Forms I-485 and I-821
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On November 21, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that it is expanding myProgress (formerly known as personalized processing times) to Form I-821, Application for Temporary Protected Status, and Form I-485, Application to Register Permanent Residence or Adjust Status. myProgress will initially only be available for family-based or Afghan special immigrant I-485 applicants.
USCIS explained that myProgress “provides applicants with access, in their online account, to personalized estimates of their wait time for major milestones and actions on their case, including their final case decision. While estimates are based on case type and historical patterns, they are not a guarantee of timing, and cannot take into consideration all possible unique application processing factors.” Milestones include confirmation that the application was received, movement of the application through pre-processing and adjudicative steps, and the case decision.
In addition to Form I-485 and Form I-821, myProgress is available for applicants with a USCIS online account who file Form I-765, Application for Employment Authorization; Form I-131, Application for Travel Document; Form N-400, Application for Naturalization; Form I-90, Application to Replace Permanent Resident Card; or Form I-130, Petition for Alien Relative.
Applicants still need to visit the public Check Case Processing Times webpage to determine whether they are eligible to file an Outside of Normal Processing Times service request, USCIS noted.

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As of August 21, 2023, the USCIS Potomac Service Center (PSC) has begun to move to a new facility in Camp Springs, MD, and can no longer receive paper responses to correspondence such as Notices of Intent to Deny (NOID), Notices of Intent to Revoke (NOIR), Intents to Deny (ITD), Requests for Evidence (RFE) or supporting documentation for filings currently pending at the PSC.
PSC will no longer accept mailed correspondence beginning on Nov. 13, 2023. All mailed correspondence intended for cases processed by the PSC must be mailed to the Texas Service Center (TSC), unless otherwise noted.
To avoid any processing delays, applicants and their representatives should instead upload their responses to their USCIS online account (for receipt notices that start with IOE-) or mail them to the Texas Service Center at:
USCIS Texas Service Center
Attn: Digital RFE
6046 N Belt Line Rd. STE 114
Irving, TX 75038
USCIS strongly encourages people to use the USCIS online account self-service tools to upload your responses for all online cases.

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.