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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.
Key Points:
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.
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.
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.
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.
U.S. Citizenship and Immigration Services announced that in December it will follow the State Department’s Dates for Filing chart, as published in the December Visa Bulletin, to determine whether applicants are eligible to file for adjustment of status.
Dates for Filing: Key Movements
EB-1
EB-2
EB-3
Dates for Filing for Employment-Based Preference Cases:
Additional Information: The Dates for Filing chart will also be used for family-based applicants next month. More information is available here.
The State Department released the December Visa Bulletin, showing significant regression for India EB-2 under Final Action Dates and moderate advancement for EB-3 categories next month. Priority-date cutoffs for Final Action Dates and Dates for Filing charts for El Salvador, Guatemala, Honduras, Mexico, the Philippines and all other countries for EB-2 will move from current to Nov. 1, 2022, or Dec. 1, 2022, respectively.
Final Action Dates: Key Movements
Final Action Dates for Employment-Based Preference Cases:
Additional Information: U.S. Citizenship and Immigration Services has not yet announced whether it will use the Final Action Dates or Dates for Filing chart in December. BAL will update clients once USCIS announces which chart will be used. The December Visa Bulletin estimates that 197,000 employment-based green cards will be available for FY2023 due to unused family-based immigrant visas that will roll over from last year. The Department of State also indicated that it expects to impose priority-date cutoffs for EB-1 China and India in coming months.
The U.S. State Department announced today the launch of an Afghan family reunification landing page.
Background: Since August 2021, the U.S. has supported the reunification and resettlement of Afghan families. Although the U.S. has reunified some families, others remain separated and continue to experience hardship and challenges while seeking reunification.
BAL Analysis: The State Department launched the Afghan family reunification page to help Afghan families that are still separated and seeking reunification. BAL will continue to follow developments specifically affecting Afghan nationals and will provide updates as information becomes available.
The White House accepted the resignation of Christopher Magnus, U.S. Customs and Border Protection (CBP) Commissioner.
Background: President Joe Biden nominated Magnus to serve as CBP Commissioner in April 2021, and the Senate confirmed him in December of that year. Prior to his nomination, Magnus was the Police Chief in Tucson, Arizona; Fargo, North Dakota; and Richmond, California. In a statement, the White House said President Biden “appreciates Commissioner Magnus’ nearly forty years of service and the contributions he made to police reform during his tenure as police chief in three U.S. cities.”
The U.S. Embassy in Havana announced this week that it would fully resume interviews for all immigrant visa categories in January 2023.
Additional Information: More information is available on the U.S. Embassy in Havana’s website.
BAL Analysis: The U.S. Embassy in Havana’s upcoming resumption of full immigrant visa services for Cuban nationals is welcome news as these services have been suspended since 2017. This resumption is part of the broader expansion of the Embassy’s functions to provide safe, legal and orderly immigration options for Cuban nationals, the department said. BAL will continue to monitor these developments and will provide more information as it becomes available.
The Department of Homeland Security has published lists of countries whose nationals will be eligible for the H-2A and H-2B visa programs in the upcoming year.
Additional Information: The countries whose nationals are eligible for the H-2A and H-2B visa programs are as follows.
*Eligible for H-2B program but not H-2A. **Eligible for H-2A program but not H-2B.