On August 26, 2024, Judge Barker of the E.D. Texas issued an administrative stay of the Keeping Families Together Parole-in-Place Program for a period of at least 14 days. During this time, applicants may still submit Keeping Families Together parole applications to USCIS, but USCIS may not grant parole in place. The administrative stay could be extended for good cause or if all adverse parties agree to an extension. The court notes that given the discovery schedule it “expects that good cause may exist to extend this administrative stay for additional periods through mid-October.”

U.S. Citizenship and Immigration Services ("USCIS") announced that the initial registration period for the fiscal year 2026 H-1B cap will open at noon Eastern on March 7 and run through noon Eastern on March 24, 2025. Prospective H-1B cap-subject petitioners or their representatives are required to use a USCIS online account to register each beneficiary electronically for the selection process and pay the associated $215 H-1B registration fee for each registration submitted on behalf of each beneficiary.

We are happy to assist you with the H1B registration process at no charge, just let us know your availability!

USCIS is not currently accepting applications under this process. It will begin accepting applications on August 19, 2024. If you apply before August 19, USCIS will reject your application. More information about eligibility and the application process will be published in a forthcoming Federal Register notice. Call us with any questions you may have.

The Department of Homeland Security announced that the Secretary of Homeland Security is extending the designation of Ukraine for Temporary Protected Status (TPS) for 18 months, beginning on October 20, 2023, and ending on April 19, 2025. Here is the link to the announcement in the Federal Register: https://www.federalregister.gov/documents/2023/08/21/2023-17875/extension-and-redesignation-of-ukraine-for-temporary-protected-status

September 13, 2023

On September 13, U.S. District Court Judge Andrew Hanen issued an order reaffirming its previous determination that the Deferred Action for Childhood Arrivals (DACA) program is unlawful. The order extends the existing district court stay of the program and expanded it to cover the 2022 DACA regulation issued by the Biden Administration.

AILA issued a statement after the district court issued its order finding that the conclusion on the legality of DACA is “incorrect.” AILA Executive Director, Ben Johnson urged Congress to act immediately to pass legislation protecting Dreamers.

DHS Secretary Alejandro Mayorkas issued a statement expressing disappointment with the ruling and emphasizing that “DACA recipients will not lose their protection from removal.”

In practical terms, the new order will not affect the status quo:

• Under the stay, individuals who currently have DACA will retain DACA status and the protection from enforcement it confers;
• Renewals: the order allows USCIS to continue to receive and process requests for renewals from DACA recipients (as of July 6, 2021) or whose DACA protection has lapsed for less than one year; and for
• New applications: the court’s order bars USCIS from processing or granting DACA status for any new applications for DACA.

In ITService Alliance, Inc. vs. United States Department of Homeland Security, the US District Court for the District of Columbia held that a change in work locations to a new Metropolitan Statistical Area is considered a material change requiring the filing of an amended H1B petition.
ITService Alliance, Inc. (“ITServe”) is a trade association representing companies that provide information-technology services to clients. In this lawsuit, ITServe sought a declaratory judgment that US Citizenship & Immigration Service’s (“USCIS”) rule requiring amended H1B petitions when changing worksites was a procedurally defective rulemaking and that USCIS lacks statutory authority to require updated petitions whenever a sponsoring employer moves an H1B worker to a different worksite.
The Court noted that to qualify an employee for H1B status, the prospective employer must file an Labor Condition Application (“LCA”) with the Department of Labor. In the LCA, the employer must make various promises, including one to pay the employee at least the prevailing wage in the local geographic area. The reasoning was that because employers must pay H1B workers at least the prevailing wage for similar employees “in the area of employment,” a geographic move could affect eligibility for H1B status, and so the move was a “material” change in the terms of employment.
The Court held that because USCIS may consider LCA-related issues in exercising its own authority to approve, disapprove, or revoke H1B petitions, it may require new or amended petitions corresponding to changes in the place of employment that necessitate the filing of new LCAs.

Yes, we are offering to register H1B employees at no charge. Please contact our office and we will schedule a time. Here is the lottery information for this year:

U.S. Citizenship and Immigration Services announced that the initial registration period for the fiscal year 2024 H-1B cap will open at noon Eastern on March 1 and run

through noon Eastern on March 17, 2023. During this period, prospective petitioners and representatives will be able to complete and submit their registrations using our online H-1B registration system.

We will assign a confirmation number to each registration submitted for the FY 2024 H-1B cap. This number is used solely to track registrations; you cannot use this number to track your case status in Case Status Online. 

Prospective H-1B cap-subject petitioners or their representatives are required to use a myUSCIS online account to register each beneficiary electronically for the selection process and pay the associated $10 H-1B registration fee for each registration submitted on behalf of each beneficiary. Prospective petitioners submitting their own registrations (U.S. employers and U.S. agents, collectively known as “registrants”) will use a “registrant” account. Registrants will be able to create new accounts beginning at noon Eastern on Feb. 21.

Representatives may add clients to their accounts at any time, but both representatives and registrants must wait until March 1 to enter beneficiary information and submit the registration with the $10 fee. Prospective petitioners or their representatives will be able to submit registrations for multiple beneficiaries in a single online session. Through the account, they will be able to prepare, edit, and store draft registrations prior to final payment and submission of each registration.

If we receive enough registrations by March 17, we will randomly select registrations and send selection notifications via users’ myUSCIS online accounts. If we do not receive enough registrations, all registrations that were properly submitted in the initial registration period will be selected. We intend to notify account holders by March 31.

The U.S. Department of Treasury has approved a temporary increase in the daily credit card transaction limit from $24,999.99 to $39,999.99 per day for the FY 2024 H-1B cap season. This temporary increase is in response to the volume of previous H-1B registrations that exceeded the daily credit card limit.  Additional information will be provided before the start of the initial H-1B registration period.

An H-1B cap-subject petition, including a petition for a beneficiary who is eligible for the advanced degree exemption, may only be filed by a petitioner whose registration for the beneficiary named in the H-1B petition was selected in the H-1B registration process.

Due to operational impacts caused by the surge of COVID-19 infections across China, all routine visa services at the U.S. embassy and consulates in China are temporarily suspended.

The U.S. Mission China announced on December 15, 2022, that due to operational impacts caused by the surge of COVID-19 infections across China, all routine visa services at the U.S. embassy and consulates in China are temporarily suspended. 

Specifically:

• U.S. Embassy Beijing and U.S. Consulate General Shanghai are providing passport and emergency citizen services only. 
• U.S. Consulates General Wuhan, Shenyang, and Guangzhou will only be providing emergency consular services until further notice.

The announcement stated that some visa appointments previously scheduled at U.S. Consulate General Shanghai will be preserved, but all other NIV and IV appointments at the embassy and consulates in China have been canceled. Applicants will be contacted if their visa appointment is impacted.

Per Mission China, they are advising NIV applicants to reschedule their appointments for a later date by following the instructions at https://www.ustraveldocs.com/cn/cn-niv-visaapply.asp.  Immigrant visa applicants with questions are advised to contact the IV unit through its online form found here: https://china.usembassy-china.org.cn/visas/immigrant-visas/immigrant-visa-unit-question/.

There is no indication of when visa services will resume.  

On Oct. 12, 2022, the United States announced a new process that allows Venezuelan nationals and their immediate family members to come to the United States. This provides a safe and orderly way for nationals of Venezuela who are outside the United States and lack U.S. entry documents to be considered, on a case-by-case basis, for advance authorization to travel and a temporary period of parole for up to 2 years for urgent humanitarian reasons and significant public benefit. To participate in this process, Venezuelan nationals must:

• Have a supporter in the United States;
• Undergo and clear robust security vetting;
• Meet other eligibility criteria; and
• Warrant a favorable exercise of discretion.

Individuals participating in the process must have a supporter in the United States who agrees to provide them with financial support for the duration of their parole in the United States.

The first step in the process is for the U.S.-based supporter to file a Form I-134, Declaration of Financial Support, with USCIS for each Venezuelan national or immediate family member they seek to support, including minor children. The U.S. government will then vet the supporter to ensure that they are able to financially support the Venezuelan nationals they are agreeing to support. Here is the link to the USCIS website: https://www.uscis.gov/venezuela.

If you have any questions about this program, please contact our office.

Uniting for Ukraine provides a pathway for Ukrainian citizens and their immediate family members who are outside the United States to come to the United States and stay temporarily in a 2 year period of parole. Ukrainians participating in Uniting for Ukraine must have a supporter in the United States who agrees to provide them with financial support for the duration of their stay in the United States.

The first step in the Uniting for Ukraine process is for the U.S.-based supporter to file a Form I-134, Declaration of Financial Support, with USCIS. The U.S. government will then vet the supporter to ensure that they are able to financially support the individual whom they agree to support.

Who May be Considered for Parole under Uniting for Ukraine

To be considered for parole under Uniting for Ukraine, the beneficiary must have a supporter who files a Form I-134 on their behalf.

Beneficiaries are eligible for the process if they:

• Resided in Ukraine immediately before the Russian invasion (through Feb. 11, 2022) and were displaced as a result of the invasion;
• Are a Ukrainian citizen and possess a valid Ukrainian passport (or are a child included on a parent’s passport);
• If not a Ukrainian citizen, they must be an immediate family member of a Ukrainian citizen beneficiary of Uniting for Ukraine with a valid passport;
• Have a supporter who filed a Form I-134 on their behalf that USCIS has vetted and confirmed as sufficient; and
• Clear biographic and biometric security checks;
• Note: To be eligible for this process, children under the age of 18 must be traveling to the United States in the care and custody of their parent or legal guardian.

The supporter must complete and file Form I-134 with USCIS and be vetted by the U.S. government to protect against exploitation and abuse, and ensure that they are able to financially support the Ukrainians they are agreeing to support.

The Biden Administration has implemented nationality-specific parole programs for Venezuela, Nicaragua, Haiti, and Cuba. USCIS announced a program for Venezuelans modeled after Uniting for Ukraine (U4U) October 19, 2022, and expanded and revised the program to include Nicaragua, Haiti, and Cuba on January 5, 2023. While each parole process is separate, they have the same requirements and procedures and collectively can be referred to as “CHNV”). The program will be limited to 30,000 monthly travel authorizations spread across all four nationalities.

As part of this announcement, the Biden administration will apply Title 42 to nationals of all four countries entering at land port of entries (POE) for direct expulsion to Mexico. According to the regulations, when Title 42 ends DHS will continue to work with Mexico to coordinate Title 8 removals of CHNV nationals to Mexico.

The application is available online only. Once approved, beneficiaries will have travel authorization for 90 days to enter the United States and be eligible to apply for work authorization under the c(11) category. The period of parole will be up to two years but will be determined by CBP at the time of arrival on a case-by-case basis.

The Basics

• Supporter eligibility:
  • An individual or entity located in the United States who:
    • Is a U.S. citizen, national, or lawful permanent resident; holds a lawful status in the United States such as Temporary Protected Status (TPS) or asylum, or a parolee or recipient of deferred action or Deferred Enforced Departure (DED);
    • This does not include people with pending asylum or a pending initial TPS application. If someone has already been granted an initial TPS and it is expired but there is a pending renewal, that person is considered “in status” for the purpose of being a supporter.
    • Passes a security and background vetting; and
    • Demonstrates sufficient financial resources to receive, maintain, and support the individual they are agreeing to support for the duration of their parole period.
  • Fill out Form I-134A online, and they must name the beneficiary on the I-134A.
  • The I-864P Poverty Guidelines are a good baseline for the financial threshold, although the adjudication for the I-134A may be more generous.
  • A supporter may apply to support more than one beneficiary as long as they can demonstrate they can do so financially. There will need to be a separate I-134A for each beneficiary.
  • Supporters do not need to be related to the beneficiary, but they do explain their relationship to the beneficiary when they file I-134A.
  • Multiple individuals can join together to be a supporter, but one individual must sign the I-134A. Supplementary evidence should identify other supporters, with a signed statement of intent to share responsibility.
  • If the supporter is an entity, an individual must still sign on behalf of the organization. (Please see evidence considerations below.)
• Beneficiary eligibility:
  • A national of Venezuela, Nicaragua, Haiti, or Cuba (or their immediate family member as defined below) who is outside the United States.
  • Immediate family members in this process include
    • The spouse or common-law partner of a national of a CHNV country; and
    • Their unmarried child(ren) under the age of 21.
      • If a child is under 18, they must be traveling with a parent or legal guardian in order to use this process.
    • The eligible lead beneficiary cannot have dual citizenship, permanent residency, or hold refugee status in a country other than a CHNV country.
      • This requirement does not apply to immediate family members (spouse, common-law partner, or unmarried child under the age of 21) of an eligible CHNV national a who they are traveling with.
    • Pass required national security and public safety vetting and comply with all additional requirements, including vaccination requirements.
    • Demonstrate that a grant of parole is warranted based on significant public benefit or urgent humanitarian reasons, as described above, and that a favorable exercise of discretion is otherwise merited.
    • Possess a passport valid for international travel
      • Please note that “Venezuelan passport holders will have the validity period of five years from the expiration date of their passport and have valid admission to the United States, as long as the traveler has a valid visa.” (CBP, Oct. 12, 2022)
      • Even infants need a passport.
    • Provide for their own commercial air travel to an airport (they cannot arrive at a land border).
    • Health Requirements:
      • When an I-134A is confirmed and deemed sufficient, USCIS will send the beneficiary an email regarding setting up an account. Included in this process will be attestations for required vaccines, which are measles, polio, and the first dose of COVID-19. After they enter the US, they must attest to receiving a medical screening for TB and that has to happen within 90 days of their arrival.
        • The first dose of COVID-19 must be approved or authorized by FDA or for emergency use by the WHO.
        • If the COVID-19 vaccine received cannot be determined or is not available in the United States, the beneficiary can attest to receiving at least one dose of the FDA-approved or authorized COVID-19 vaccine upon arrival.
      • The beneficiary is ineligible if:
        • They are an unaccompanied child.
        • They have been ordered removed from the United States within the past five years or be subject to a bar based on a prior removal order.
        • They entered the United States without authorization between POEs along the SWB since October 19, 2022 (Venezuelans) or January 9, 2023 (all other CHNV countries).
          • Exception: Individuals are still eligible if they crossed without authorization after December 20, 2022, and were permitted a single instance of voluntary departure pursuant to INA 240B, 8 U.S.C. 1229c, or withdrawal of their application for admission pursuant to INA 235(a)(4), 8 U.S.C. 1225(a)(4).
        • They crossed the Panama or Mexico border irregularly after October 19, 2022 (Venezuelans) or January 9, 2023 (all other CHNV countries).
      • The process:
        1. Supporter fills out Form I-134A. A separate Form I-134A is needed for each beneficiary, including minors.
        2. The beneficiary will receive an email from USCIS
        3. The beneficiary will receive instructions to submit information via USCIS and the CBP One Mobile Application.
        4. The beneficiary will receive notice of travel authorization.
        5. The beneficiary arrives at an air POE and is paroled on a case-by-case basis.
      • There is no filing fee for this program.
      • Request for Evidence (RFE) at the I-134A stage will be issued through “case status” on the online account. A notification should be sent, or this can be checked by logging into the account.
        • The instructions for responding to the RFE will be on the myUSCIS account. There will be a maximum of 5 documents in response to RFE. Once submitted, then the RFE portal closes and submitted after that initial submission will be considered part of the RFE response.
      • The beneficiary will need to scan their passport and take a photo of themselves.
      • Each beneficiary needs their own I-134A.

Additional Information & FAQs

• There is currently no parole-in-place program for CHNV nationals who are already present in the United States.
• Beneficiary status considerations:
  • Venezuelans living in Colombia with a temporary protection permit are eligible because it is a temporary status.
  • Having a pending or approved I-130 does not make a beneficiary ineligible.
  • You can apply with a B1/B2 as a beneficiary but not as a supporter.
  • A pending family-based application does not impact beneficiary eligibility.
• Someone paroled into the United States through this program is eligible for family-based adjustment of status.
• Evidence considerations for the I-134A:
  • If taxes are available, submit them.
  • Other forms of evidence include recent paystubs and/or bank accounts going back a couple of months and evidence of investments.
  • Evidence for entities:
    • Individuals signing for an organization do NOT need to submit their own financial documents if the entity has sufficient resources.
    • The entity should have a letter of commitment or other document from a representative of the organization explaining how the beneficiary will be supported (e.g. listing housing and/or specific benefits).
  • Non-English documents must be submitted with an English translation.
• Based on reported experiences with U4U and the initial Venezuelan program, common denials under this program were for:
  • At the I-134A stage: not being able to financially support the beneficiary.
  • At the Travel Authorization stage: negative immigration or criminal history, including visa denials, visa overstays, and previously being denied entry at the airport.
• If your travel authorization is denied, there is no appeal process, but you can re-apply with the same or a new supporter.
• The beneficiary will need to file a separate Form I-765 for employment authorization. Employment is not incident to status for CHNV nationals at this time.
• Ethical concerns:
  • It is advisable to be clear (and in writing) with potential clients that this is a new program that may fill quickly and/or change abruptly, and that there is no guarantee of success. As with other sponsorship applications, attorneys should clearly communicate and document who their client is (the beneficiary vs. the supporter).
  • There is currently no G-28 set up for this program. If the attorney is filling out or reviewing the online form for the supporter, the attorney should ensure that the supporter 1.) has full access to the USCIS account and the form; 2.) is the individual who hits submit on the application. If working virtually, attorneys might want to consider using video teleconferencing systems with the “screen share” feature enabled.

Resources

• USCIS: Processes for Cubans, Haitians, Nicaraguans, and Venezuelans
• USCIS: Frequently Asked Questions About the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans
• Featured Issue: Border & Asylum
• Federal Register Notices
  • Implementation of Changes to the Parole Process for Venezuelans
  • Implementation of a Parole Process for Cubans
  • Implementation of a Parole Process for Nicaraguans
  • Implementation of a Parole Process for Haitians

Welcome.US

Effective Nov. 21, 2022, Ukrainian and Afghan parolees, and their qualifying family members, with certain classes of admission are considered employment authorized incident to parole, which means that they do not need to wait for USCIS to approve their Form I-765, Application for Employment Authorization, before they can work in the United States.

For these parolees, their unexpired Form I-94 is an acceptable receipt they may present to their employer to show their identity and employment authorization for the purposes of Form I-9, Employment Eligibility Verification. The receipt 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 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). Ukrainian and Afghan parolees must still file a Form I-765 to receive a physical EAD.

Effective Nov. 21, 2022, USCIS is also exempting the fee to file Form I-765 for Ukrainian parolees filing for an EAD by mail. Afghan parolees under OAW are already exempt from the fee for an initial paper-filed Form I-765 (and a replacement EAD) through Sept. 30, 2023.
Effective Dec. 5, 2022, USCIS will be able to process fee exemptions for online filings of Form I-765 for eligible Ukrainian and Afghan parolees.

On November 12, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that L-2 and E dependent spouses are no longer required to apply for an EAD to work in the United States. Great news!

Here the most recent information from USCIS on the H1B Lottery. Remember, we will assist with registration at no charge!

Many visa applicants will not have to attend an actual interview at a U.S Embassy abroad. Great News! Here is the new information describing the criteria used for waiving the interview.

USCIS H1B lottery numbers are in! USCIS announced that it received 758,994 eligible registrations for this year’s H1B lottery (compared with 474,421 last year). 110,791 applications were selected for the 85,000 available H1B visas. A second lottery will occur if there are additional visas remaining from the first lottery.

New Procedure for Obtaining ADIT Stamp On March 16, 2023, USCIS announced a new procedure to obtain ADIT stamps, which constitute temporary evidence of permanent residence, typically issued while Form I-90, I-751, or N-400 applications are pending. This new procedure is due to USCIS delays in processing these applications. Under the new procedure, USCIS will mail temporary evidence of permanent residence to those who request it.

In order to make a request, residents must follow these steps:

• Call the USCIS Contact Center at 800-375-5283.
• Verify their identity and address with the USCIS officer.
• The officer will determine if an in-person InfoPass appointment is needed or if USCIS can provide an ADIT stamp through the mail. An in-person appointment will be needed for those who have an urgent need for an ADIT stamp, do not have a useable photo in the USCIS system (such as through prior biometrics collection), or in circumstances in which the USCIS officer cannot confirm the resident’s identity or address. For those who do not need an InfoPass appointment, the USCIS Field Office that has jurisdiction over the resident will receive the resident’s information and will issue a Form I-94 with an ADIT stamp, DHS seal, and printed photo of the resident, and mail it to them at the address they provided. This document will be valid for up to one year. Only the following legal permanent residents can use this procedure:
• Legal permanent residents who do not have a green card (such as those who have been approved for residence and are waiting for their green card to be issued). 
• Legal permanent residents with a Form I-90, I-751, or N-400 application pending and whose automatic extension (as listed on their receipt notice) has already expired.

USCIS has issued the new Public Charge flyer which confirms that the test for whether or not a person will be a Public Charge is the “totality of circumstances” test.

Uniting for Ukraine provides a pathway for Ukrainian citizens and their immediate family members who are outside the United States to come to the United States and stay temporarily in a 2 year period of parole. Ukrainians participating in Uniting for Ukraine must have a supporter in the United States who agrees to provide them with financial support for the duration of their stay in the United States.

The first step in the Uniting for Ukraine process is for the U.S.-based supporter to file a Form I-134, Declaration of Financial Support, with USCIS. The U.S. government will then vet the supporter to ensure that they are able to financially support the individual whom they agree to support.

Who May be Considered for Parole under Uniting for Ukraine

To be considered for parole under Uniting for Ukraine, the beneficiary must have a supporter who files a Form I-134 on their behalf.

Beneficiaries are eligible for the process if they:

• Resided in Ukraine immediately before the Russian invasion (through Feb. 11, 2022) and were displaced as a result of the invasion;
• Are a Ukrainian citizen and possess a valid Ukrainian passport (or are a child included on a parent’s passport);
• If not a Ukrainian citizen, they must be an immediate family member of a Ukrainian citizen beneficiary of Uniting for Ukraine with a valid passport;
• Have a supporter who filed a Form I-134 on their behalf that USCIS has vetted and confirmed as sufficient; and
• Clear biographic and biometric security checks;
• Note: To be eligible for this process, children under the age of 18 must be traveling to the United States in the care and custody of their parent or legal guardian.

The supporter must complete and file Form I-134 with USCIS and be vetted by the U.S. government to protect against exploitation and abuse, and ensure that they are able to financially support the Ukrainians they are agreeing to support.

The Biden Administration has implemented nationality-specific parole programs for Venezuela, Nicaragua, Haiti, and Cuba. USCIS announced a program for Venezuelans modeled after Uniting for Ukraine (U4U) October 19, 2022, and expanded and revised the program to include Nicaragua, Haiti, and Cuba on January 5, 2023. While each parole process is separate, they have the same requirements and procedures and collectively can be referred to as “CHNV”). The program will be limited to 30,000 monthly travel authorizations spread across all four nationalities.

As part of this announcement, the Biden administration will apply Title 42 to nationals of all four countries entering at land port of entries (POE) for direct expulsion to Mexico. According to the regulations, when Title 42 ends DHS will continue to work with Mexico to coordinate Title 8 removals of CHNV nationals to Mexico.

The application is available online only. Once approved, beneficiaries will have travel authorization for 90 days to enter the United States and be eligible to apply for work authorization under the c(11) category. The period of parole will be up to two years but will be determined by CBP at the time of arrival on a case-by-case basis.

The Basics

• Supporter eligibility:
  • An individual or entity located in the United States who:
    • Is a U.S. citizen, national, or lawful permanent resident; holds a lawful status in the United States such as Temporary Protected Status (TPS) or asylum, or a parolee or recipient of deferred action or Deferred Enforced Departure (DED);
    • This does not include people with pending asylum or a pending initial TPS application. If someone has already been granted an initial TPS and it is expired but there is a pending renewal, that person is considered “in status” for the purpose of being a supporter.
    • Passes a security and background vetting; and
    • Demonstrates sufficient financial resources to receive, maintain, and support the individual they are agreeing to support for the duration of their parole period.
  • Fill out Form I-134A online, and they must name the beneficiary on the I-134A.
  • The I-864P Poverty Guidelines are a good baseline for the financial threshold, although the adjudication for the I-134A may be more generous.
  • A supporter may apply to support more than one beneficiary as long as they can demonstrate they can do so financially. There will need to be a separate I-134A for each beneficiary.
  • Supporters do not need to be related to the beneficiary, but they do explain their relationship to the beneficiary when they file I-134A.
  • Multiple individuals can join together to be a supporter, but one individual must sign the I-134A. Supplementary evidence should identify other supporters, with a signed statement of intent to share responsibility.
  • If the supporter is an entity, an individual must still sign on behalf of the organization. (Please see evidence considerations below.)
• Beneficiary eligibility:
  • A national of Venezuela, Nicaragua, Haiti, or Cuba (or their immediate family member as defined below) who is outside the United States.
  • Immediate family members in this process include
    • The spouse or common-law partner of a national of a CHNV country; and
    • Their unmarried child(ren) under the age of 21.
      • If a child is under 18, they must be traveling with a parent or legal guardian in order to use this process.
    • The eligible lead beneficiary cannot have dual citizenship, permanent residency, or hold refugee status in a country other than a CHNV country.
      • This requirement does not apply to immediate family members (spouse, common-law partner, or unmarried child under the age of 21) of an eligible CHNV national a who they are traveling with.
    • Pass required national security and public safety vetting and comply with all additional requirements, including vaccination requirements.
    • Demonstrate that a grant of parole is warranted based on significant public benefit or urgent humanitarian reasons, as described above, and that a favorable exercise of discretion is otherwise merited.
    • Possess a passport valid for international travel
      • Please note that “Venezuelan passport holders will have the validity period of five years from the expiration date of their passport and have valid admission to the United States, as long as the traveler has a valid visa.” (CBP, Oct. 12, 2022)
      • Even infants need a passport.
    • Provide for their own commercial air travel to an airport (they cannot arrive at a land border).
    • Health Requirements:
      • When an I-134A is confirmed and deemed sufficient, USCIS will send the beneficiary an email regarding setting up an account. Included in this process will be attestations for required vaccines, which are measles, polio, and the first dose of COVID-19. After they enter the US, they must attest to receiving a medical screening for TB and that has to happen within 90 days of their arrival.
        • The first dose of COVID-19 must be approved or authorized by FDA or for emergency use by the WHO.
        • If the COVID-19 vaccine received cannot be determined or is not available in the United States, the beneficiary can attest to receiving at least one dose of the FDA-approved or authorized COVID-19 vaccine upon arrival.
      • The beneficiary is ineligible if:
        • They are an unaccompanied child.
        • They have been ordered removed from the United States within the past five years or be subject to a bar based on a prior removal order.
        • They entered the United States without authorization between POEs along the SWB since October 19, 2022 (Venezuelans) or January 9, 2023 (all other CHNV countries).
          • Exception: Individuals are still eligible if they crossed without authorization after December 20, 2022, and were permitted a single instance of voluntary departure pursuant to INA 240B, 8 U.S.C. 1229c, or withdrawal of their application for admission pursuant to INA 235(a)(4), 8 U.S.C. 1225(a)(4).
        • They crossed the Panama or Mexico border irregularly after October 19, 2022 (Venezuelans) or January 9, 2023 (all other CHNV countries).
      • The process:
        1. Supporter fills out Form I-134A. A separate Form I-134A is needed for each beneficiary, including minors.
        2. The beneficiary will receive an email from USCIS
        3. The beneficiary will receive instructions to submit information via USCIS and the CBP One Mobile Application.
        4. The beneficiary will receive notice of travel authorization.
        5. The beneficiary arrives at an air POE and is paroled on a case-by-case basis.
      • There is no filing fee for this program.
      • Request for Evidence (RFE) at the I-134A stage will be issued through “case status” on the online account. A notification should be sent, or this can be checked by logging into the account.
        • The instructions for responding to the RFE will be on the myUSCIS account. There will be a maximum of 5 documents in response to RFE. Once submitted, then the RFE portal closes and submitted after that initial submission will be considered part of the RFE response.
      • The beneficiary will need to scan their passport and take a photo of themselves.
      • Each beneficiary needs their own I-134A.

Additional Information & FAQs

• There is currently no parole-in-place program for CHNV nationals who are already present in the United States.
• Beneficiary status considerations:
  • Venezuelans living in Colombia with a temporary protection permit are eligible because it is a temporary status.
  • Having a pending or approved I-130 does not make a beneficiary ineligible.
  • You can apply with a B1/B2 as a beneficiary but not as a supporter.
  • A pending family-based application does not impact beneficiary eligibility.
• Someone paroled into the United States through this program is eligible for family-based adjustment of status.
• Evidence considerations for the I-134A:
  • If taxes are available, submit them.
  • Other forms of evidence include recent paystubs and/or bank accounts going back a couple of months and evidence of investments.
  • Evidence for entities:
    • Individuals signing for an organization do NOT need to submit their own financial documents if the entity has sufficient resources.
    • The entity should have a letter of commitment or other document from a representative of the organization explaining how the beneficiary will be supported (e.g. listing housing and/or specific benefits).
  • Non-English documents must be submitted with an English translation.
• Based on reported experiences with U4U and the initial Venezuelan program, common denials under this program were for:
  • At the I-134A stage: not being able to financially support the beneficiary.
  • At the Travel Authorization stage: negative immigration or criminal history, including visa denials, visa overstays, and previously being denied entry at the airport.
• If your travel authorization is denied, there is no appeal process, but you can re-apply with the same or a new supporter.
• The beneficiary will need to file a separate Form I-765 for employment authorization. Employment is not incident to status for CHNV nationals at this time.
• Ethical concerns:
  • It is advisable to be clear (and in writing) with potential clients that this is a new program that may fill quickly and/or change abruptly, and that there is no guarantee of success. As with other sponsorship applications, attorneys should clearly communicate and document who their client is (the beneficiary vs. the supporter).
  • There is currently no G-28 set up for this program. If the attorney is filling out or reviewing the online form for the supporter, the attorney should ensure that the supporter 1.) has full access to the USCIS account and the form; 2.) is the individual who hits submit on the application. If working virtually, attorneys might want to consider using video teleconferencing systems with the “screen share” feature enabled.

Resources

• USCIS: Processes for Cubans, Haitians, Nicaraguans, and Venezuelans
• USCIS: Frequently Asked Questions About the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans
• Featured Issue: Border & Asylum
• Federal Register Notices
  • Implementation of Changes to the Parole Process for Venezuelans
  • Implementation of a Parole Process for Cubans
  • Implementation of a Parole Process for Nicaraguans
  • Implementation of a Parole Process for Haitians

Welcome.US

Effective Nov. 21, 2022, Ukrainian and Afghan parolees, and their qualifying family members, with certain classes of admission are considered employment authorized incident to parole, which means that they do not need to wait for USCIS to approve their Form I-765, Application for Employment Authorization, before they can work in the United States.

For these parolees, their unexpired Form I-94 is an acceptable receipt they may present to their employer to show their identity and employment authorization for the purposes of Form I-9, Employment Eligibility Verification. The receipt 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 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). Ukrainian and Afghan parolees must still file a Form I-765 to receive a physical EAD.

Effective Nov. 21, 2022, USCIS is also exempting the fee to file Form I-765 for Ukrainian parolees filing for an EAD by mail. Afghan parolees under OAW are already exempt from the fee for an initial paper-filed Form I-765 (and a replacement EAD) through Sept. 30, 2023.
Effective Dec. 5, 2022, USCIS will be able to process fee exemptions for online filings of Form I-765 for eligible Ukrainian and Afghan parolees.

Fact Sheet: New Family Reunification Parole Processes Provide Lawful Pathway for Family Unity

Release Date: August 7, 2023

The United States is making it easier for eligible individuals from El Salvador, Guatemala, Honduras, Colombia, Cuba and Haiti to be reunited with family in the United States, the latest example of the U.S. effort to expand lawful pathways and offer alternatives to dangerous and irregular migration. The Department of Homeland Security (DHS) created new family reunification parole (FRP) processes for El Salvador, Guatemala, Honduras and Colombia, and is updating family reunification parole processes for Cuba and Haiti. These processes will allow vetted individuals with approved family-based petitions to be paroled into the United States, on a case-by-case basis. The FRP processes are part of the comprehensive measures announced in April by DHS and the Department of State to manage regional migration safely, orderly, and humanely.

Promoting Family Unity

• The new processes are for certain nationals of Colombia, El Salvador, Guatemala, and Honduras, whose family members are U.S. citizens or lawful permanent residents, who are the beneficiaries of an approved family-based petition (Form I-130) whose visas are not yet available on the Visa Bulletin. These new processes complement existing processes for Cuban and Haitian nationals that will soon be updated.
• Certain nationals of these countries who are beneficiaries of an approved Form I-130, Petition for Alien Relative may be eligible to be considered for parole under the new processes. Qualifying beneficiaries must be outside the United States, meet all requirements, including screening, vetting and medical requirements, and must not have already received an immigrant visa.
• Nationals of these countries may be considered for parole on a case-by-case basis for a period of up to three years while they apply to become a lawful permanent resident pursuant to their approved I-130 petition.
• The U.S. Government will deliver timely and efficient authorization for those approved and vetted to travel. Individuals paroled into the U.S. under these processes are eligible to apply for work authorization.
• Individuals with approved Form I-130 petitions often need to wait several years for an immigrant visa to become available. To support family unity and to discourage irregular migration, DHS will authorize parole on a case-by-case basis to expeditiously reunify families with approved petitions.

Facilitating Orderly Entry

• The processes begin with the Department of State issuing an invitation to the petitioning U.S. citizen or lawful permanent resident family member whose Form I-130 filed on behalf of a Colombian, Salvadoran, Guatemalan, or Honduran beneficiary has been approved.
• Only an invited petitioner can initiate the process by filing a request on behalf of the beneficiary and their eligible family members to be considered for advance travel authorization and parole.
• When an immigrant visa becomes available, the beneficiary may apply to become a lawful permanent resident through adjustment of status in the U.S.
• This is one of the lawful pathways that families can access rather than placing themselves at the mercy of smugglers to make the dangerous journey or waiting many years to be reunited with qualified family members. Non-citizens who do not use this process or other lawful, safe, and orderly pathways and attempt to enter the United States unlawfully will face tougher consequences, including removal, a minimum five year bar on admission, and potential criminal prosecution for unlawful reentry.

Petitioner Kwang Park is a lawful permanent resident and South Korean native and citizen. Granted the privilege of living in the US, he decided to become a violent drug dealer. He was arrested twice in three days for numerous drug-related crimes. He was also driving around with a loaded handgun.

He possessed a variety of illegal substances and other paraphernalia evidencing drug trafficking at both arrests, and he pleaded guilty to 13 charges, including possession of cocaine for sale. Let’s take a look at the 2 arrests:

A. First Arrest

On April 3, 2018, Park was stopped by California Highway Patrol for speeding and improperly changing lanes. Officers discovered that Park was driving with a suspended license and without insurance. They also observed signs of intoxication and required Park to perform a “series of field sobriety tests,” which he failed.

During a search of Park’s car, officers found a loaded handgun and a canister of cocaine in a female passenger’s purse. They also found over $2,600, including “a large amount of hundred dollar bills,” in Park’s wallet, two airsoft guns that resembled firearms, three small bags of cocaine, Xanax, numerous containers of cannabis, a scale covered “with white powdery residue,” seven .40 caliber bullets, and a lock pick set. Park admitted that the handgun was his and that “the white powdery substance was cocaine.”

The officers arrested Park, and he was charged with numerous drug or firearm-related offenses, including unlawful possession of a controlled substance with a firearm.

B. Second Arrest

Three days later, Park posted bail and retrieved his car from police impoundment in the morning. Why he was given bail is another story. That night, with no fear of the US authorities, Park was stopped again for speeding and for driving without a front license plate and with an improperly obstructed rear license plate. During the stop, Park admitted that there was a bag of cocaine under his seat. Officers again searched Park’s car and found the bag under Park’s seat, which contained 0.8 grams of cocaine, as well as four more small bags in the center console that each contained between 1.2 and 1.4 grams of cocaine.

An officer also noticed that Park’s car radio appeared to have been tampered with, and after removing the cover plate, the officer discovered a bag with 16.8 grams of cocaine, three bags containing a total of 137 Xanax pills, a bag with 95 Ecstasy pills, a bag with a single Ecstasy pill, and a scale covered in cocaine residue. During a later inventory of the car, officers also found a ledger showing “quantities of unknown substances” and “total value of these items,” a bag containing a small amount of marijuana, a methamphetamine pipe, two beverage containers modified “to conceal illegal narcotics” covered in cocaine residue, numerous containers that were “consistent with the use to conceal/transport illegal narcotics,” a box of latex gloves, and a bulletproof vest.

Thankfully, Park was again arrested and ultimately charged with, among other things, possession and transportation of cocaine for sale. Park was questioned at the jail, and he admitted that the drugs and other contraband were his but asserted that they must have been in the car since his first arrest because he “would not be driving around with that much weight” and he “stopped carrying product” after his previous arrest. He also stated that no one else had driven his car since he retrieved it from the impound lot, but some friends had ridden in it. Park pleaded guilty to 13 charges arising from his two arrests. At sentencing, he received concurrent 674-day jail terms and five years’ probation.

The Government sought to remove Park from the United States based on his convictions, and he applied for withholding of removal and protection under the Convention Against Torture (“CAT”), among other relief, speculating that he would be persecuted and tortured by the South Korean government if removed. He would rather stay in the US and continue to sell drugs, carry loaded weapons and burglary tools.

Specifically, he claimed that South Korea would (1) re-prosecute and severely punish him for his drug crimes committed in this country and (2) force him to serve in the South Korean military consistent with its military-conscription policy. The immigration judge denied his request to stay in the US and the Board of Immigration Appeals (“BIA”) and the 9th circuit court of appeals agreed. Now there is one less violent drug dealing criminal off the streets.

Park v. Garland (9th Cir. 2023)

Layoffs have been hurting people in the technology industries. USCIS has released information about immigration options for people who have been laid off. If you have any questions, please contact our office.

Many visa applicants will not have to attend an actual interview at a U.S Embassy abroad. Great News! Here is the new information describing the criteria used for waiving the interview.

The Biden Administration has announced the extension and redesignation of Temporary Protected Status (TPS) for Venezuela. Venezuelans who arrived in the United States before July 31, 2023, and meet additional eligibility requirements will receive protection from removal and work authorization while the designation exists. The designation is extended until July 31, 2023.

The TPS designation for Venezuela was initially announced on March 8, 2021. It was redesignated on September 8, 2022. 

This redesignation is in effect through March 10, 2024.

USCIS will continue to process pending applications under the initial and redesignation of TPS for Venezuela. DHS has instructed individuals with a pending Form I-821 or Form I-765 application to not file either application again and upon approval, USCIS will grant TPS and EADs valid “through the same date.”

Publication of the Federal Register notices officially opens the window for TPS holders to re-register to maintain their protection from deportation and work authorization. AILA will continue to update the membership upon its publication.

Back in the day, we were able to renew visa stamps in the U.S. We would send in the passport and supporting documents, the new visa was issued and the passport with the visa was sent back to our client. This eliminated the need for our clients to apply for visas at U.S. Embassies.
While full details of the scope of the pilot program will be shared in the Federal Register notice when published, we understand that it will:

Begin in early 2024;
Be limited to H-1B principals only;
Be limited to nationals of countries that are not subject to reciprocity fees;
India will be one of the eligible countries to participate in the pilot program;
Have eligibility requirements like those for participation in the interview waiver program;
Be available for 20,000 applicants; and
Be voluntary participation.

The initial launch of the stateside renewal program will be a limited pilot to test out the operationality of the stateside renewal program. The U.S. State Department has expressed its strong intent to expand this program after the initial launch has allowed them to work out any operational issues.

Department of State to Process Domestic Visa Renewals in Limited Pilot Program For the first time in nearly two decades, the Department of State will process domestic visa renewals for certain H-1B visa applicants as part of a pilot program. Beginning the week of January 29, 2024, the Department will launch this voluntary program for approximately 20,000 eligible participants who meet the requirements listed in the Federal Register. Please see attached information sheet.

The U.S. government announced that it is admitting Israel into a program that will allow visa-free entry by Israeli citizens starting November 30, 2023. The program known as the Visa Waiver Program (“VWP”) enables most citizens or nationals of participating countries to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa. Travelers must have a valid Electronic System for Travel Authorization (“ESTA”) approval prior to travel.
ESTA is a web-based system operated by U.S. Customs and Border Protection (“CBP”) to determine eligibility to travel under the VWP to the United States for tourism or business. Here is the link to apply for the ESTA: https://esta.cbp.dhs.gov/esta
In most cases, your ESTA will be valid for two years. You also must obtain a new ESTA if you:

(1) receive a new passport, including an emergency or temporary passport;
(2) change your name;
(3) change your gender;
(4) change your country of citizenship; or
(5) need to change your responses to any of the “yes” or “no” questions on the ESTA application.

Dated September 14, 2023 

AILA’s Department of State Liaison Committee (The Committee) is aware that many members experience difficulties when attempting to book a nonimmigrant visa (NIV) appointment with U.S. consular posts around the world. A significant source of frustration arises when the publicly published wait times do not accurately reflect the real-time scheduling challenges members and their clients experience. AILA’s DOS Liaison Committee offers this practice pointer to provide some context on how visa wait times are calculated to better acquaint members with the process and its limitations.

In past liaison discussions, most recently at AILA’s 2023 Annual Conference, the Committee has been advised by the Department of State that the NIV wait times posted here are based on reports submitted by posts on a weekly basis. The same visa wait time information is presented differently by city/post on the Global Wait Times page. Post calculates the number of days an applicant must wait until the first open appointment for each relevant category is available. This calculation is then reported to the DOS in Washington, DC, and uploaded to the public-facing website each Monday morning Eastern Time. Each post reports this information and has broad authority and discretion over this function.

The DOS notes on its website that these wait times are estimates only and inherently limited due to how they are calculated and published. They are a snapshot in time, updated once per week, based on the first available appointment in a particular category at that post. As such, the posted wait times will not reflect changes between reporting times, and based on workload and staffing, visa wait times can vary widely from week to week. Further, while interview waiver wait times are posted, the wait times posted only cover certain NIV classes (F, M, J, H, L, O, P, Q, C, D, C1/D, and B1/B2 visas) and are limited to applicants scheduling in the location of their nationality or residence. The DOS Liaison Committee has asked whether other nonimmigrant visa categories can be added to the visa wait times pages, such as TN, E-2, E-3s, etc. DOS confirmed they do not have the technical capabilities for such an update at this time.

The website directs applicants who desire appointments at consulates where they do not reside (Third Country Nationals or TCNs) to “check post websites for nonresident wait times,” however, such information is shared solely at the discretion of each post. Posts may also develop their own additional screening questions for applicants to determine which appointment slots they are qualified to utilize, if at all. Visa wait times may, therefore, vary based on how posts assign application slots for more complex cases or TCN appointments. As always, applicants should check directly with each post to check the specific wait times and requirements for TCN applicants.

As a reminder, applicants may be able to expedite their interview date if there is an urgent, unforeseen situation such as a funeral, medical emergency, or school start date. The process to request an expedited NIV appointment varies by post, so applicants should check the consular section and/or visa appointment scheduling website for specific instructions and requirements. Similarly, there may be additional procedures for students and exchange visitors who need an earlier visa appointment due to school starting, so members are reminded to check directly with post for relevant instructions. While the wait times are to be taken with a grain of salt due to their limitations, they can provide some visibility to members in determining how to meet client NIV scheduling needs. Applicants are reminded to apply early for their visas, well in advance of any anticipated travel, and check directly with the consular website for the most up-to-date information and procedures.

On November 7, 2024, the United States District Court for the Eastern District of Texas in State of Texas v. Department of Homeland Security, Case Number 24-cv-306 (E.D.T.X. Nov. 7, 2024) issued a final judgment vacating the Keeping Families Together (KFT) parole process, published at 89 Fed. Reg. 67,459 (Aug. 20, 2024).

Effective immediately, USCIS is taking the following steps to comply with the Court’s Order:

• Pending Form I-131F applications will not be adjudicated and intake of new Form I-131F applications will cease.
• Anyone with a future Application Support Center appointment in support of a filed Form I-131F should consider that appointment cancelled immediately. Anyone who appears for such an appointment will be turned away.
• External engagements on the KFT parole process are cancelled.

In the coming days, USCIS will publish additional information on how it will handle pending cases and paid application fees.

Practical training (“PT”) is employment that is directly related to a student’s major area of study.

F-1 students may engage in three types of PT:

• Curricular Practical Training;
• Optional Practical Training (pre-completion or post-completion);
• Science, Technology, Engineering, and Mathematics Optional Practical Training extension (STEM).