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The Department of Homeland Security announced that it will open registration for Temporary Protected Status for Ethiopia on Dec. 12. It will remain open through June 12, 2024.
Key Points:
Additional Information: DHS made the decision to add Ethiopia under TPS due to conflict-related violence and a humanitarian crisis involving severe food shortages, flooding, drought and displacements.
This alert has been provided by the BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.
Copyright © 2022 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.
Get this news and more in the new episode of BAL’s podcast, the BAL Immigration Report, available on Apple, Spotify and Google Podcasts or on the BAL news site.
This alert has been provided by the BAL U.S. Practice Group.
Copyright ©2023 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.
U.S. Citizenship and Immigration Services said Wednesday that it has reduced its case backlog but needs continued support from Congress and additional revenue from a new fee rule to maintain progress.
BAL Analysis: USCIS continues to work through a backlog that has slowed processing times for immigration benefits and has committed to restoring reasonable processing times. In its report, the agency said it would need continued support from Congress and increased fee revenue to maintain its progress. Publication of the proposed fee rule is expected soon, but information is not yet available on what the proposed increases will be. BAL will provide updates as information 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 announced yesterday that it would extend and redesignate Haiti for Temporary Protected Status for 18 months, from Feb. 4, 2023, through Aug 3, 2024.
Additional Information: The decision to extend TPS for Haitian nationals was made due to a prolonged political crisis, gang crime, recent earthquakes, and a lack of access to food, water, fuel and healthcare that collectively prevent individuals from safely returning, DHS said. The extension and redesignation permits additional eligible Haitian nationals to apply or reapply for TPS and EADs. BAL will provide additional information as it becomes available.
The Department of Homeland Security announced Monday that it would extend the deadline for REAL ID compliance.
Background: The federal REAL ID Act requires states to issue driver’s licenses and identification documents that comply with heightened security standards. The most recent extension was granted in part because of “lingering impacts of the COVID-19 pandemic” and associated delays at state Department of Motor Vehicle offices. The extension will give applicants additional time to apply for REAL IDs and states additional time to process applications. DHS has extended the deadline numerous times, most recently in April 2021.
A proposed rule that would adjust the fees U.S. Citizenship and Immigration Services charges for immigration and naturalization benefit requests has cleared White House Office of Management and Budget review.
Background: In 2020, DHS published a rule to adjust USCIS fees, but a court enjoined the agency from implementing it. DHS says the new rule will “rescind and replace” the 2020 rule and “establish new USCIS fees to recover USCIS operating costs.”
BAL Analysis: The proposal to increase USCIS fees is moving through the regulatory process, but the higher fees will not take effect for several months. BAL will continue following the proposal and will provide updates as information becomes available.
Afghan and Ukrainian nationals with certain classes of admission will be temporarily considered eligible for employment incident to their parole, U.S. Citizenship and Immigration Services announced last week.
This means they will no longer need to wait for USCIS to approve their Employment Authorization Document (EAD) to begin working. Within 90 days, they will still need to present an EAD or unrestricted Social Security card and acceptable List B identity document from the Form I-9 Lists of Acceptable Documents.
Background: Under Department of Homeland Security regulations, refugees are considered employment eligible incident to status. Individuals admitted to the United States via parole generally are not, and USCIS must approve their Form I-765, Application for Employment Authorization, before they can begin work. The Biden administration has taken steps to admit more Afghan and Ukrainian nationals to the United States, but has largely done so via parole.
Congress recently passed legislation stating that certain Afghan and Ukrainian nationals admitted to the United States “shall be eligible for resettlement assistance, entitlement programs, and other benefits available to refugees admitted under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157).” DHS subsequently took steps to implement this legislation and said last week that the individuals described above would be authorized for employment incident to their parole.
Affected Afghan and Ukrainian parolees still must submit a Form I-765 in order to receive a physical EAD; however, USCIS said that for the first 90 days of employment, they can provide an unexpired Form I-94 to prove their identity and employment eligibility in the Form I-9 process. After 90 days, they must present an EAD or unrestricted Social Security card and acceptable List B identity document such as a state-issued driver’s license or identification card. More information is available here.
USCIS also announced it would exempt the fee to file Form I-765 for Ukrainian parolees filing for an EAD by mail. Afghan parolees under OAW were already exempt from the fee for an initial paper-filed Form I-765 (and a replacement EAD). USCIS recently extended this exemption through Sept. 30, 2023.
Copyright © 2022 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.
With the FIFA World Cup kicking off in Qatar next week, masses of people are converging on the small desert peninsula to attend this major international event.
The next FIFA World Cup will be hosted in the U.S. for the first time in 30 years. While 2026 may seem far off, planning has already begun for what is projected to be the biggest World Cup in history.
Over the next decade, tens of millions of people will be visiting the U.S. for the World Cup and other global sporting events, including the Olympic and Paralympic Games in 2028 and the Rugby World Cup in 2031 and 2033.
The U.S. has the chance to prove we are the global leader in sports. But off the field, there are immigration logistics the U.S. must get right in order to pull off a successful event. Athletes, coaches, event staff, and other personnel, as well as hordes of avid sports fans from around the world, must be issued visas in time to get to the U.S. for these competitions.
Recent events indicate the U.S. is currently unprepared for the surge in travel that comes with hosting major international tournaments. This summer, the U.S. hosted the World Athletics Championships for the very first time, but visa issues stole news headlines, nearly overshadowing the event itself.
At the start of the competition, hundreds of athletes were still trying to get their visas, and several, including one of the fastest men in the world, barely made it to the U.S. in time for their races.
This can’t happen again. It reflects poorly on the U.S. and is a disservice to the athletes who have trained for years to compete in these events.
To come to the U.S., most foreign citizens must apply for and secure a visa before travel – a multi-step process that includes a detailed application and an in-person interview with a consular officer at a U.S. embassy or consulate abroad, among other requirements.
Some travelers may need to petition immigration authorities in the U.S. before applying for a visa abroad, complicating and extending the visa timeline. When millions of people are traveling at the same time for the same event, delays are inevitable – but they can be mitigated.
Without a concerted effort by U.S. immigration agencies to prioritize and streamline visa processing for sports, the U.S. risks losing billions of dollars in sports revenue and will watch world-class sporting events head overseas.
As a former attorney who helped shape visa policy in the State Department’s Visa Office, I know the government can do more to ensure that the next decade in sports is a resounding win for the U.S.
For example, the U.S. could create a streamlined, electronic visa process for accredited travelers attending these mega international sporting events.
We did this for the Olympic and Paralympic Winter Games in 2002 and can do it again. Opening up a “fast lane” for athletes, coaches, staff, and visitors by modifying visa and entry requirements would be a viable solution for facilitating entry to the U.S. and dramatically reducing visa delays while addressing U.S. national security concerns.
The U.S. can also take smaller steps to show it remains committed to the U.S. sports industry and our ability to host international sporting events.
Every agency that touches the process – the State Department, U.S. Citizenship and Immigration Services, and Customs and Border Protection – should have dedicated points of contact whose primary role is to regularly engage with sports industry stakeholders and support them through the immigration process.
Temporary special lanes at airports and other points of entry for major international sporting events would help expedite the arrival process.
If additional resources are needed, there is a strong argument that Congress support funding programs and offices dedicated to facilitating travel for international sports events over the course of the next decade and beyond, as sports are becoming more global.
With 2023 just around the corner – the start of one of the most impactful decades for the U.S. sports industry – the government must proactively work with stakeholders and take meaningful action to show it can and will do more to eliminate unnecessary immigration barriers for international sporting events.
Tiffany Derentz is a Senior Counsel with BAL and a member of the firm’s Government Strategies team and Sports & Entertainment group. Tiffany served in the U.S. State Department for nine years and has been a key advisor to senior leadership within the Visa Office, the Bureau of Consular Affairs, the White House, and other federal agencies on all aspects of immigration law.
The U.S. State Department has advised Diversity Visa (DV) selectees for 2023 whose cases are assigned to the U.S. Embassy in Kabul, Afghanistan, to request reassignment to another embassy or consulate that processes DV applications, as operations are still suspended in Kabul.
Additional Information: DV-2023 selectees must be physically present in the consular district where the embassy or consulate is located at the time of interview and have the right to remain in the country until the visa application is processed. More information regarding visa processing at specific posts is available here.
The U.S. State Department recently addressed visitor visa wait times, including information on backlogs and interview availability.
BAL Analysis: While processing times continue to improve, appointment and processing delays should be expected at U.S. embassies and consulates around the world. Service levels vary from post to post. BAL will continue to monitor efforts to address processing delays and will provide more information as it becomes available. Employers and employees should continue to consult their BAL professional before planning international travel.