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President Joe Biden today signed a memorandum that defers the removal of certain Hong Kong residents who are currently living in the U.S.
Key Points:
Additional information: Official statements by both the Biden Administration and the Department of Homeland Security said that this decision was made to offer safety and protection to Hong Kong residents amid an “ongoing assault on democracy, and rights and freedoms in Hong Kong by the People’s Republic of China.” More information about Deferred Enforced Departure (DED) can be found on the USCIS website.
BAL Analysis: The Department of Homeland Security is expected to issue instructions in the coming days on how eligible foreign nationals may apply for Deferred Enforced Departure (DED) and employment authorization documents (EADs). BAL will continue to monitor these developments and will provide updates as they become available.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
Copyright © 2021 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.
The U.S. State Department recently released its immigration regulatory agenda for the coming months. The agenda includes proposed rule changes for B-1/B-2 visas, processes for immigrant visa applicants and a request for public feedback on barriers to immigration benefits.
Additional Information: The Department of Homeland Security also has multiple immigration regulations on its agenda regarding H-1B eligibility requirements, Deferred Action for Childhood Arrivals (DACA), U.S. Citizenship and Immigration Services filing fees and premium processing. More information is available here.
BAL Analysis: The details of the regulatory agenda items remain unknown until their official publication. BAL will continue to monitor the progress of these regulations and will provide additional information as it becomes available.
This alert has been provided by BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
The Department of Homeland Security (DHS) has published a Federal Register notice extending the initial registration period for Temporary Protected Status (TPS) from 180 days to 18 months for Burma (Myanmar), Syria and Venezuela.
Additional Information: DHS has extended the initial application deadline to reduce the burden placed on applicants who are unable to file applications in a timely manner. Additionally, the extended deadline intends to reduce the operational burden on U.S. Citizenship and Immigration Services and work alongside Executive Order 14012.
BAL Analysis: Though initial applicants may apply at any time during the 18-month designation period, they should be aware that they may not be allowed to file a late initial filing beyond this extended period even if TPS is extended again. Individuals who want to apply for TPS for any of the three countries should take action to apply during this 18-month initial registration period.
The U.S. Secretary of Homeland Security announced that it will open registration for Temporary Protected Status (TPS) for Haiti on Tuesday, Aug. 3, and extend the designation for 18 months until Feb 3, 2023. The agency posted a pre-publication notice of the designation and registration instructions. An official version will be published in the Federal Register Aug. 3.
Read the full article here.
U.S. Citizenship and Immigration Services has extended flexible measures for F-1 students in Optional Practical Training following a consent order in a lawsuit challenging the government for delays in issuing employment authorization documents (EADs).
Additional Information: USCIS agreed to the terms in the Consent Order. The parties agreed to negotiate any issues of noncompliance in good faith, and the court can intervene if problems cannot be resolved. More information on the OPT class action can be found here.
BAL Analysis: The extended flexibilities are a positive development for employers with OPT and STEM OPT programs. The additional flexibility should help mitigate the delays in work authorization for F-1 students.
The U.S. Senate voted today to confirm Ur Mendoza Jaddou as director of U.S. Citizenship and Immigration Services. She will be the first woman to head the agency. The 47-34 vote was divided along party lines.
As USCIS director, Jaddou will lead the agency’s efforts to improve immigration policies and processes, including the implementation of President Joe Biden’s Executive Order on restoring faith in the legal immigration system and the administration’s broader agenda to reduce barriers to legal immigration routes.
USCIS currently faces numerous challenges, including processing backlogs, financial solvency, staffing shortages and litigation over processing delays. Jaddou, who formerly served as USCIS Chief Counsel under the Obama administration, stated in congressional hearings, “My most immediate responsibilities, if confirmed, will be to return the agency to firm solvency, resolve dramatically increasing processing times and backlogs, and utilize 21st-century tools.”
Ahead of the vote, Senate Majority Leader Chuck Schumer, D-N.Y., stated, “The daughter of Mexican and Iraqi immigrants, Ms. Jaddou would be the first woman to ever lead the USCIS, and I am confident she has the skills, expertise, and experience to do the job well.”
Jaddou is the first congressionally approved USCIS director since 2019.
BAL Analysis: Jaddou’s confirmation is a welcome development and a step toward stabilizing USCIS, which has suffered from a confirmed leadership gap since 2019. Employment-based petitions and employment authorization documents will, hopefully, experience improvements in processing timelines in the coming months.
Copyright © 2021 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
Nearly 100 CEOs of some of the largest and most prominent American companies signed a letter to President Joe Biden and Congress today urging legislation to protect Dreamers.
“We strongly urge Congress to pass legislation to provide a pathway to citizenship for Dreamers. Securing a pathway to citizenship for Dreamers not only is the right thing to do, but is a huge economic benefit to the United States,” the letter said.
Of the estimated 800,000 Dreamers – undocumented individuals brought to the U.S. as children who have registered and hold work authorization under the 2012 Deferred Action for Childhood Arrivals (DACA) program – about 700,000 are employed at U.S. companies.
The letter says that a recent court ruling that struck down DACA makes it more urgent than ever for Congress to pass legislation. The ruling is “devastating” to Dreamers and “throws into chaos” their ability to continue living and working in the U.S., says the letter, which was also signed by the U.S. Chamber of Commerce, Business Roundtable and the National Association of Manufacturers. The letter will appear in a full-page print ad in the New York Times.
A federal court in Texas ruled earlier this month that the DACA program is unlawful and permanently barred its continued implementation for new applicants; it does not affect current DACA recipients. The government is appealing the ruling.
President Barack Obama introduced DACA through executive action. The U.S. Supreme Court ruled in June 2020 that the Trump administration’s attempt to terminate DACA was unlawful. In a separate lawsuit challenging the DACA program itself, the court in Texas ruled this month that DACA violated the Administrative Procedure Act because the Obama administration did not go through proper regulatory procedures when it created the program. The Department of Homeland Security is in the process of proposing a regulation to protect the DACA program, but only Congress can legislate permanent relief for Dreamers.
BAL Analysis: Several bills in Congress provide for a pathway to citizenship for Dreamers. While it is too early to tell whether any of the bills will pass, they have received bipartisan support in the past and today’s letter to Congress indicates strong support for Dreamers among the country’s top business leaders.
U.S. Citizenship and Immigration Services announced today that it conducted a second lottery for the fiscal year 2022 H-1B cap on Wednesday.
Background: USCIS conducted its initial selection in March after receiving over 308,000 H-1B registrations. The filing period for those initially selected ended June 30. The agency since determined that it needed to select additional registrations to reach the H-1B numerical cap.
BAL Analysis: Petitioners should check their myUSCIS accounts for notice of selection and those who are selected should work with their BAL professional to complete and file their H-1B petitions within the 90-day period ending Nov. 3.
The U.S. State Department published advice and information in the August Visa Bulletin for individuals selected in the 2022 Diversity Visa program.
Additional Information: The 2022 Diversity Visa program saw over 7 million qualified entries. Of those entries, approximately 119,021 applicants were notified that they are eligible to submit an immigrant visa application.
Egypt topped the list with 6,005 registrants selected for the program, followed by Algeria, Russia, Sudan and Uzbekistan, which each had 6,001 registrants selected. Other countries that topped the list were Iran (5,739); Ukraine (4,949); Morocco (4,138); Nepal (3,802); and Afghanistan (3,410). The full list of countries can be found here.
U.S. Citizenship and Immigration Services (USCIS) announced this week that Temporary Protected Status (TPS) applicants from five countries can submit initial applications online.
Additional Information: USCIS said it intends to make online filing available for all TPS applicants and re-registrants in the future. Individuals can find all forms that can be filed online with USCIS here. BAL will provide additional information as it becomes available.