ABIL Immigration Insider • May 1, 2022

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In this issue:

1. ICE Announces Extension of I-9 Flexibilities to October 31, 2022 – The extension relates to deferral of the physical presence requirements of the employment eligibility verification process for certain employees.

2. USCIS Stops Applying Certain EAD Provisions for Asylum Applicants – In response to a decision in Asylumworks v. Mayorkas, U.S. Citizenship and Immigration Services has stopped applying two rules.

3. OFLC Announces New Submission Process for H-2B Applications for Temporary Employment Certification – H-2B submissions must be initiated and submitted in a new form module.

4. DHS Reminds Public That Emergency Response Areas Are ‘Protected’ for Immigration Enforcement Purposes – “Protected areas” include “evacuation routes, sites used for sheltering or the distribution of emergency supplies, food or water, or registration sites for disaster-related assistance or the reunification of families and loved ones.”

5. DHS Provides Details on ‘Uniting for Ukraine’ Process – Under the new process, available immediately, the Department of Homeland Security will offer certain Ukrainian citizens and their immediate family members recently displaced by Russia’s invasion of Ukraine an opportunity to travel to the United States to seek humanitarian parole for up to two years. Qualifications include passing biometric and biographic vetting, having sufficient financial support in the United States, and meeting other eligibility requirements listed in the notice.

6. Federal Court Temporarily Blocks Early Title 42 Termination Actions, Schedules Hearing; Mayorkas Issues Memo on Security and Preparedness – A federal court in Louisiana issued a temporary restraining order to block early implementation of termination of Title 42. A 20-page memo from DHS Secretary Mayorkas includes details on the “whole-of-government plan” to prepare for and manage an anticipated increase in noncitizens at the southwest border when Title 42 is terminated, as well as background on the current situation.

7. DHS Announces TPS Registration Process for Sudan and Ukraine – The notices provide information about how to register for temporary protected status under each country’s designation and apply for an employment authorization document. The 18-month registration period ends on October 19, 2023.

8. Biden Administration Announces New Measures for Ukrainians – President Biden announced new measures for Ukrainians, including “Uniting for Ukraine,” which includes a new streamlined process to provide Ukrainian citizens with opportunities to come to the United States.

9. CBP Continues Vaccination Requirements at U.S. Borders With Canada, Mexico – U.S. Customs and Border Protection will continue to require non-U.S. travelers entering the United States via land ports of entry and ferry terminals at the U.S.-Mexico and U.S.-Canada borders to be fully vaccinated against COVID-19 and provide related proof of vaccination upon request.

10. Foreign Student Measures Announced: Extension of SEVP Guidance, and Relief for Nonimmigrant Student Citizens of Sudan and Ukraine – Several measures related to foreign students were announced.

11. EOIR to Stop Holding Hearings in Pittsburgh – EOIR announced that it is no longer holding hearings in Pittsburgh.

12. State Dept., USCIS Announce Actions Related to Reauthorized EB-5 Regional Center Program; Visa Bulletin Revised to Include New Categories – The Department of State and U.S. Citizenship and Immigration Services announced several actions related to the reauthorized EB-5 regional center program.

13. DHS Designates Cameroon for TPS for 18 Months – Only individuals who were already residing in the United States as of April 14, 2022, will be eligible for temporary protected status under this designation. According to estimates, approximately 40,000 Cameroonians in the United States may qualify. This is the first time that the Department of Homeland Security has designated Cameroon for TPS.

14. USCIS Announces Online Filing for DACA Renewal Forms – Individuals who previously received deferred action under Deferred Action for Childhood Arrivals may now file renewal requests on Form I-821D, Consideration of Deferred Action for Childhood Arrivals, online. Such individuals must also file Form I-765, Application for Employment Authorization, and the I-765 Worksheet.

15. SEVP Asks Certain F-1 and M-1 Students to Verify Employment Data in SEVIS by May 16 – The Student and Exchange Visitor Program (SEVP) asked F-1 students previously on post-completion optional practical training and M-1 students previously on practical training to verify their employment data in the Student and Exchange Visitor Information System by contacting the SEVP Response Center by May 16, 2022.

16. DHS Proposes Procedures Regarding Debarment of Vessels Violating Longshore Work Rules – The Department of Homeland Security proposes to amend its regulations to set forth procedures regarding the debarment of certain vessels from entering U.S. ports. Affected vessels include those owned or chartered by an entity found to be in violation of certain laws and regulations relating to the performance of longshore work by nonimmigrant crew members.

17. ‘Jumpstart Act’ to Recapture Unused Visas Introduced in House – The bill would recapture approximately 400,000 family- and employment-based visas, create an accelerated path to adjustment of status for those already in the United States, and provide additional funds to USCIS to improve visa processing.

18. OFLC Reminds Employers Filing Form ETA-9142B to Submit Their Initiated Cases Before April 28 – H-2B submissions made after 6 p.m. ET on April 28, 2022, must be started and submitted in the new form module. Any initiated H-2B cases submitted prior to that date and time will be deleted and a new application using the upgraded module will need to be created.

19. EADs Extended for Certain Syria and Somalia TPS Beneficiaries – USCIS is issuing individual notices to certain Syrian and Somalian temporary protected status beneficiaries whose applications to renew their employment authorization documents remain pending.

20. South Sudan TPS Extended, Redesignated for 18 Months – USCIS announced the extension and redesignation of South Sudan for temporary protected status (TPS) for 18 months, from May 3, 2022, through November 3, 2023.

21. District Court Vacates Final Rule on Non-Range H-2A Adverse Effect Wage Rate Methodology – In United Farm Workers v. DOL, the district court vacated a 2020 final rule, “Adverse Effect Wage Rate [AEWR] Methodology for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the United States,” remanding it to the Department of Labor for further rulemaking consistent with the court’s order.

22. USCIS Implements ‘Risk-Based’ Approach for Conditional Permanent Resident Interviews – Effective immediately, new criteria will guide USCIS officers on when to waive interviews for conditional permanent residents who filed a Form I-751, Petition to Remove Conditions on Residence.

23. ABIL Global: Canada – Canada has launched a new stream of immigration for Ukrainians.

New Publications and Items of Interest – New Publications and Items of Interest

ABIL Member / Firm News – ABIL Member / Firm News

Government Agency Links – Government Agency Links

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ABIL Immigration Insider – May 2022

1. ICE Announces Extension of I-9 Flexibilities to October 31, 2022

On April 25, 2022, U.S. Immigration and Customs Enforcement (ICE) announced an extension of Form I-9 flexibilities until October 31, 2022. The extension relates to deferral of the physical presence requirements of the employment eligibility verification process for certain employees, first announced on March 20, 2020, and updated periodically.

The requirement that employers inspect employees’ Form I-9 identity and employment eligibility documentation in person applies only to those employees “who physically report to work at a company location on any regular, consistent, or predictable basis,” ICE said. Employees working exclusively remotely who were hired on or after April 1, 2021, are temporarily exempt from the physical inspection requirements.

Details:

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2. USCIS Stops Applying Certain EAD Provisions for Asylum Applicants

In response to a decision in Asylumworks v. Mayorkas, U.S. Citizenship and Immigration Services (USCIS) announced that effective February 8, 2022, the agency has stopped applying two rules:

  • The “Removal of 30-Day Processing Provision for Asylum Applicant-Related Form I-765 Employment Authorization Applications” rule (also known as the “Timeline Repeal Rule”); and
  • The “Asylum Application, Interview, and Employment Authorization for Applicants” rule (also known as the “Asylum EAD rule”).

USCIS is applying the provisions governing asylum applications, interviews, and employment authorization eligibility in the (c)(8) category (based on pending asylum applications) that were in place before the above final rules took effect in August 2020. USCIS said that these changes apply to adjudications of Form I-765, Application for Employment Authorization, and Form I-589, Application for Asylum and for Withholding of Removal, that were pending with USCIS as of February 8, 2022, and to these forms that were received on or after that date.

Among other things, now that the Timeline Repeal Rule, which removed the 30-day timeline for deciding initial (c)(8) category employment authorization applications, has been vacated, generally USCIS must adjudicate initial Form I-765s based on pending asylum applications within 30 days, the agency acknowledged.

Selected highlights of the USCIS announcement include:

  • Until USCIS publishes revised forms, applicants should continue to use the current Forms I-765 and I-589 (dated 08/25/20). USCIS said that if an applicant submits responses to questions on these forms based on the vacated rules, it will not consider them when it decides the application.
  • Instead of having to wait 365 days to file a Form I-765 based on a pending asylum application, applicants may file 150 days after filing an asylum application. “You are not eligible to receive an Employment Authorization Document (EAD) until your asylum application has been pending for a total of 180 days,” USCIS said.
  • USCIS instructed those who are requesting either initial or renewal employment authorization based on a pending asylum application not to submit the $85 biometric services fee with the Form I-765, because it is no longer required. “If you submit the $85 biometric services fee, we may reject your application for overpayment,” USCIS said. Also, applicants no longer need to appear for a biometric services appointment (Application Support Center (ASC) appointment) specifically related to the Form I-765. However, applicants must appear for biometric services appointments related to an asylum application (Form I-589) or any other applications filed.
  • Applicants are no longer barred from receiving work authorization based on an asylum application if they entered or attempted to enter the United States between ports of entry. Therefore, applicants do not need to answer Questions 30b.–g. on Form I-765. “We no longer consider responses to these questions—which ask about the way you entered the United States and whether you were inspected, admitted, or paroled—when we adjudicate your Form I-765 based on the (c)(8) category,” USCIS said.
  • Asylum seekers who file asylum applications after the 1-year filing deadline are no longer barred from receiving an EAD based on a pending asylum application.

Details:

  • USCIS announcement, Apr. 28, 2022,

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3. OFLC Announces New Submission Process for H-2B Applications for Temporary Employment Certification

The Department of Labor’s Office of Foreign Labor Certification (OFLC) announced on April 28, 2022, that the Foreign Labor Application Gateway (FLAG) is implementing technical changes to H-2B filing for the Form ETA-9142B (H-2B Application for Temporary Employment Certification) submission process. OFLC said that FLAG has upgraded the H-2B form fill and submit module, “which is expected to reduce lag time in completing form fields, document uploads, and appendices. All other FLAG H-2B functionality will be available to filers in the upgraded fill and submit module.”

H-2B submissions must be initiated and submitted in the new form module. Any initiated H-2B cases submitted before 6 p.m. ET on April 28, 2022, will be deleted and a new application using the upgraded module will need to be created, OFLC said.

Details:

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4. DHS Reminds Public That Emergency Response Areas Are ‘Protected’ for Immigration Enforcement Purposes

Following recent wildfires in the Southwest and Midwest of the United States, the Department of Homeland Security (DHS) issued a press release on April 28, 2022, to remind the public that sites that provide emergency response and relief are considered “protected areas.” DHS said this means that “to the fullest extent possible,” U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) “do not conduct immigration enforcement activities at protected areas such as along evacuation routes, sites used for sheltering or the distribution of emergency supplies, food or water, or registration sites for disaster-related assistance or the reunification of families and loved ones.”

DHS noted that at the request of the Federal Emergency Management Agency (FEMA) or local and state authorities, ICE and CBP may help conduct search and rescue, air traffic de-confliction, and public safety missions. ICE and CBP provide emergency assistance to individuals regardless of their immigration status, DHS said. “DHS officials do not and will not pose as individuals providing emergency-related information as part of any enforcement activities.”

DHS said it is aware that some survivors may fear applying for FEMA assistance due to their immigration status. “If you or a member of your household applies for FEMA assistance, FEMA does not collect information regarding your immigration status and does not proactively provide your personal information to ICE or CBP for immigration enforcement. However, in rare circumstances, based on a specific request, ICE or CBP could request this information if you are a current threat to national security or public safety because you pose an articulable risk of death, violence, or physical harm to any person,” DHS said.

DHS said it “is committed to ensuring that every individual who seeks shelter, aid, or other assistance as a result of the wildfires is able to do so regardless of their immigration status.”

Details:

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5. DHS Provides Details on ‘Uniting for Ukraine’ Process

On April 27, 2022, the Department of Homeland Security (DHS) issued a notice providing details on the new “Uniting for Ukraine” process. Under the new process, available since April 25, 2022, DHS will offer certain Ukrainian citizens and their immediate family members recently displaced by Russia’s invasion of Ukraine an opportunity to travel to the United States to seek humanitarian parole for up to two years. Qualifications include passing biometric and biographic vetting, having sufficient financial support in the United States, and meeting other eligibility requirements listed in the DHS notice.

DHS noted that as of April 10, 2022, nearly 12 million people had fled their homes as a result of the war in Ukraine, including seven million displaced inside Ukraine. DHS noted that this was due to ongoing violence and resulting widespread electricity outages, a lack of water and food, infrastructure and residential building damage, medical supply issues, hospital shortages, and ongoing displacement and fatalities of civilians.

Details:

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6. Federal Court Temporarily Blocks Early Title 42 Termination Actions, Schedules Hearing; Mayorkas Issues Memo on Security and Preparedness

On April 26, 2022, Alejandro Mayorkas, Secretary of the Department of Homeland Security (DHS), issued a memorandum on the Biden administration’s plan to manage increased encounters of noncitizens at the U.S. border with Mexico. The increase is expected once Title 42 of the U.S. Code is lifted, effective May 23, 2022. However, a federal court in Louisiana issued a temporary restraining order on April 27, 2022, to block early implementation of termination of Title 42. The Biden administration, which the court noted had acknowledged some changes in policy in preparation for Title 42 termination, said it would comply with the order. A court hearing is scheduled for May 13, 2022, to consider plaintiff states’ request for a preliminary injunction against terminating Title 42. Plaintiff states argue that the Title 42 termination order was not issued in compliance with the Administrative Procedure Act.

Title 42 of the U.S. Code is a public health law that relates to the expulsion of noncitizens due to public health concerns, in this case the prevention of the spread of COVID-19. Under a Centers for Disease Control and Prevention order, the Mayorkas memo notes, a “significant percentage of all noncitizens encountered” at the southwest border are currently expelled. The Mayorkas memo says that once the order is lifted, all noncitizens will be processed under Title 8. Under Title 8, noncitizens without a viable asylum claim or unable to establish a legal basis to remain in the United States are removed to their home countries.

The 20-page Mayorkas memo includes details on the “whole-of-government plan” to prepare for and manage the anticipated increase in noncitizens at the southwest border, as well as background on the current situation.

Details:

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7. DHS Announces TPS Registration Process for Sudan and Ukraine

The Department of Homeland Security (DHS) posted Federal Register notices on temporary protected status (TPS) for Sudan and Ukraine. The notices provide information about how to register for TPS under each country’s designation and apply for an employment authorization document. The 18-month registration period for both countries began on April 19, 2022, and ends on October 19, 2023. All individuals who want to request TPS under the designation of Sudan or Ukraine must file an application.

Sudan

To be eligible under the Sudan designation, individuals must demonstrate their continuous residence in the United States since March 1, 2022, and continuous physical presence in the United States since April 19, 2022. Individuals arriving in the United States after March 1, 2022, are not eligible for TPS under this designation and may be subject to removal if they have no other authorization to be in the United States.

U.S. Citizenship and Immigration Services (USCIS) estimates 3,090 individuals may be eligible for TPS under the designation of Sudan. This includes an estimated 2,390 newly eligible individuals as well as an estimated 700 current TPS Sudan beneficiaries, whose TPS-related documentation has been automatically extended pursuant to court orders through at least December 31, 2022. These individuals must file a new application for TPS under the new Sudan designation to avoid losing protection if the court injunctions are lifted.

Ukraine

To be eligible under the Ukraine designation, individuals must demonstrate their continuous residence in the United States since April 11, 2022, and continuous physical presence in the United States since April 19, 2022.

USCIS estimates 59,600 individuals currently in the United States may be eligible for TPS under the designation of Ukraine. Ukrainian nationals currently outside the United States are not eligible for TPS under this designation, and they will not become eligible by relocating to the United States. Such Ukrainians are encouraged instead to apply for a visa or other legal pathway at a U.S. consulate abroad.

Details:

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8. Biden Administration Announces New Measures for Ukrainians

On April 21, 2022, President Biden announced new measures for Ukrainians, including “Uniting for Ukraine,” which includes “a new streamlined process to provide Ukrainian citizens…opportunities to come to the United States.” In addition, the Department of State announced increased refugee resettlement processing and “broadened access” to visa processing at consular posts overseas. President Biden has committed to admit “up to 100,000 Ukrainians and others” fleeing Russia’s war against Ukraine. An estimated 5 million people have left Ukraine so far following the Russian invasion. Below are highlights of the new measures:

  • Uniting for Ukraine allows Ukrainians displaced by the war to apply for humanitarian parole in the United States. To be eligible, Ukrainians must have been residents in Ukraine as of February 11, 2022; have a sponsor in the United States; complete vaccinations and other public health requirements; and pass biometric and biographic screening and vetting security checks. Ukrainians approved via this process will be authorized to travel to the United States and be considered for parole, on a case-by-case basis, for up to two years. Once paroled through this process, Ukrainians will be eligible for work authorization.
  • The Department of Homeland Security (DHS) said Ukrainians should not travel to Mexico to pursue entry into the United States. Following the launch of Uniting for Ukraine, Ukrainians who present at land U.S. ports of entry without a valid visa or without pre-authorization to travel to the United States through Uniting for Ukraine “will be denied entry and referred to apply through this program.”
  • Beginning on April 25, 2022, U.S.-based individuals and entities can apply to the Department of Homeland Security (DHS) to sponsor displaced Ukrainian citizens through the “Uniting for Ukraine” process, which will go live that day on the DHS website. Any U.S. citizen or individual, including representatives of nongovernmental organizations (NGOs), can sponsor Ukrainian applicants. Individuals and organizations seeking to sponsor Ukrainian citizens in the United States must declare their financial support and pass security background checks. Eligibility requirements include required vaccinations and other public health requirements, as well as biographic and biometric screening, vetting, and security checks.
  • The Department of State will expand U.S. resettlement operations in Europe to provide more resources to process Ukrainian citizens for refugee resettlement under the Lautenberg program, and will expand referral mechanisms for Ukrainian citizens and others fleeing the war to the U.S. Refugee Admissions Program (USRAP). To do so, the United States is working with European partners, the United Nations High Commissioner for Refugees, and NGOs to identify particularly vulnerable Ukrainian citizens and others fleeing the conflict who may warrant permanent resettlement through USRAP.
  • DHS said that European embassies and consulates are also increasing, to the extent possible, the number of nonimmigrant visa appointments and ensuring there is an expedited visa appointment program for individuals with humanitarian, medical, or other extraordinary circumstances.

Details:

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9. CBP Continues Vaccination Requirements at U.S. Borders With Canada, Mexico

U.S. Customs and Border Protection will continue to require non-U.S. travelers entering the United States via land ports of entry and ferry terminals at the U.S.-Mexico and U.S.-Canada borders to be fully vaccinated against COVID-19 and provide related proof of vaccination upon request. These requirements continue to apply to non-U.S. travelers who are traveling both for essential and non-essential reasons, but do not apply to U.S. citizens, lawful permanent residents, or U.S. nationals, the Department of Homeland Security (DHS) said.

Non-U.S. travelers entering the United States via land ports of entry and ferry terminals, whether for essential or non-essential reasons, must:

  • Verbally attest to their COVID-19 vaccination status;
  • Provide, upon request, proof of a CDC-approved COVID-19 vaccination;
  • Present a valid Western Hemisphere Travel Initiative (WHTI)-compliant document, such as a valid passport, Trusted Traveler Program card, or Enhanced Tribal Card; and
  • Be prepared to present “any other relevant documents” requested by a U.S. Customs and Border Protection (CBP) officer during a border inspection.

COVID-19 testing is not required to enter the United States via a land port of entry or ferry terminal, DHS said.

Details

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10. Foreign Student Measures Announced: Extension of SEVP Guidance, and Relief for Nonimmigrant Student Citizens of Sudan and Ukraine

Several measures related to foreign students were announced:

SEVP March 2020 guidance continued. The Student and Exchange Visitor Program (SEVP) announced via a broadcast message issued April 18, 2022, that it is extending the guidance originally issued in March 2020 for F and M students to the 2022-23 academic year. This guidance enables schools and students to engage in distance learning in excess of regulatory limits due to the continuing public health concerns related to the COVID-19 pandemic. The March 2020 guidance applies to nonimmigrant students who were actively enrolled at a U.S. school on March 9, 2020, and are otherwise complying with the terms of their nonimmigrant status, whether from inside the United States or abroad. Significantly, there are no changes to the original guidance, which will remain in effect during the 2022-23 academic year.

DHS notices of special student relief for Sudan, Ukraine. The Department of Homeland Security (DHS) announced that it is suspending certain regulatory requirements for F-1 nonimmigrant students whose country of citizenship is Sudan or Ukraine. Effective through October 19, 2023, affected students may request employment authorization, work an increased number of hours while the school is in session and reduce their course load while continuing to maintain their F–1 nonimmigrant student status. The Department of Homeland Security (DHS) will deem an F–1 nonimmigrant student who receives employment authorization by means of this notice to be engaged in a ‘‘full course of study’’ for the duration of the employment authorization, if the nonimmigrant student satisfies the minimum course load requirement described in this notice.

Details:

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11. EOIR to Stop Holding Hearings in Pittsburgh

The Department of Justice’s Executive Office for Immigration Review (EOIR) announced that it is no longer holding hearings in Pittsburgh, effective at the close of business on April 29, 2022, due to “space and personnel limitations.”

Those with cases assigned to the Pittsburgh hearing location can have their cases heard in person at the Philadelphia Immigration Court or remotely. All parties will be notified of their options before their scheduled hearing dates, EOIR said.

Details:

  • EOIR notice, Apr. 21, 2022,

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12. State Dept., USCIS Announce Actions Related to Reauthorized EB-5 Regional Center Program; Visa Bulletin Revised to Include New Categories

The Department of State (DOS) and U.S. Citizenship and Immigration Services (USCIS) announced several actions related to the newly reauthorized EB-5 regional center program. Below are highlights.

Department of State

DOS has resumed processing immigrant visas associated with the EB-5 regional center program based on approved USCIS Forms I-526 (Immigrant Petition by Alien Entrepreneur), including those filed on or before the expiration of the previous regional center program on June 30, 2021.

DOS explained that on March 15, 2022, President Biden signed a law, the EB-5 Reform and Integrity Act of 2022, that made changes to the EB-5 program, reauthorized the EB-5 immigrant investor regional center program, and directed that certain “grandfathered” immigration benefits be processed.

Also, DOS’s Visa Bulletin for May 2022 includes revisions and new EB-5 visa preference categories. Among other things, the bulletin notes the creation of two new “pools” of visa numbers in the EB-5 category: one pool “reserved” for certain set-aside categories and a second “unreserved” pool.

The bulletin notes that the Employment-Based Fifth Preference Unreserved (C5, T5, and all others) category is Current for all countries. The Employment-Based Fifth Preference Unreserved (I5 and R5) categories are Current for all countries except China-mainland born, which is subject to a 22NOV15 final action date. All set-aside categories are Current for all countries. DOS said it may become necessary to establish a China-mainland born final action date and application filing date for the C5 and T5 categories as early as June to keep number use within the maximum allowed under the fiscal year 2022 annual limits if sufficient demand materializes.

USCIS

Pursuant to the new law, USCIS announced that the reauthorized regional center program will be in effect through September 30, 2027. The agency said it is reviewing the new law and will provide additional guidance.

USCIS noted that the new law requires all entities seeking regional center designation to provide a proposal to comply with the new program requirements effective May 14, 2022. USCIS said it is not accepting Form I-924, Application For Regional Center Designation Under the Immigrant Investor Program, for this purpose.

USCIS has resumed processing regional center-based Forms I-526, Immigrant Petition by Alien Entrepreneur, filed on or before the sunset of the previous regional center program on June 30, 2021. USCIS said it will adjudicate all Form I-526 petitions filed before March 15, 2022, according to the applicable eligibility requirements at the time such petitions were filed (that is, the eligibility requirements in place before the enactment of the new law). USCIS will continue to process Form I-526 petitions under the “visa availability approach,” prioritizing those Form I-526 petitions for investors with an available visa or a visa that will be available soon.

USCIS said it will continue to reject all Form I-526 petition received on or after July 1, 2021, when it indicates that the petitioner’s investment is associated with a regional center.

The agency also said it will continue to adjudicate Forms I-829, Petition by Investor to Remove Conditions on Permanent Residence. The agency will adjudicate Form I-829 petitions associated with Form I-526 filed before March 15, 2022, under the applicable eligibility requirements in place before enactment of the new law.

Details

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13. DHS Designates Cameroon for TPS for 18 Months

The Department of Homeland Security (DHS) announced the designation of Cameroon for temporary protected status (TPS) for 18 months due to ongoing armed conflict in that country. Only individuals who were already residing in the United States as of April 14, 2022, will be eligible for TPS under this designation. According to estimates, approximately 40,000 Cameroonians in the United States may qualify. This is the first time that DHS has designated Cameroon for TPS.

Cameroon’s 18-month designation will take effect on the publication date of the Federal Register notice, which will provide instructions for applying for TPS and an employment authorization document (EAD). TPS applicants must meet all eligibility requirements and undergo security and background checks.

DHS said that the designation is based on “both ongoing armed conflict and extraordinary and temporary conditions in Cameroon that prevent Cameroonian nationals, and those of no nationality who last habitually resided in Cameroon, from returning to Cameroon safely.” DHS cited conditions resulting from “extreme violence between government forces and armed separatists and a significant rise in attacks from Boko Haram, the combination of which has triggered a humanitarian crisis. Extreme violence and the widespread destruction of civilian infrastructure have led to economic instability, food insecurity, and several hundred thousand displaced Cameroonians without access to schools, hospitals, and other critical services.”

Details:

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14. USCIS Announces Online Filing for DACA Renewal Forms

U.S. Citizenship and Immigration Services (USCIS) announced on April 12, 2022, that individuals who previously received deferred action under Deferred Action for Childhood Arrivals (DACA) may now file renewal requests on Form I-821D, Consideration of Deferred Action for Childhood Arrivals, online. Such individuals must also file Form I-765, Application for Employment Authorization, and the I-765 Worksheet, which is required as evidence in support of the DACA filing. A DACA requestor must first create a free USCIS online account to submit forms, pay fees, track status, and respond to Requests for Evidence.

USCIS said that During fiscal year (FY) 2021, USCIS received more than 8.8 million requests for immigration benefits and other requests, including 438,950 Form I-821D DACA requests. Since launching online filing in 2017, the overall number of forms filed online has increased significantly. In FY 2021, approximately 1,210,700 applications, petitions and requests were filed online, a 2.3% increase from the 1,184,000 filed in FY 2020.

USCIS noted that under a court order, the Department of Homeland Security continues to accept both initial and renewal DACA requests, although the agency is prohibited from granting initial DACA requests at this time.

Details:

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15. SEVP Asks Certain F-1 and M-1 Students to Verify Employment Data in SEVIS by May 16

In a broadcast message, the Student and Exchange Visitor Program (SEVP) asked F-1 students previously on post-completion optional practical training (OPT) and M-1 students previously on practical training to verify their employment data in the Student and Exchange Visitor Information System (SEVIS) by contacting the SEVP Response Center (SRC) by May 16, 2022.

Students can contact the SRC by email at [email protected] or by phone at 703-603-3400 or 800-892-4829. The SRC is open Monday through Friday from 8 a.m. to 6 p.m. ET, except federal holidays.

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16. DHS Proposes Procedures Regarding Debarment of Vessels Violating Longshore Work Rules

The Department of Homeland Security (DHS) published a notice of proposed rulemaking on April 12, 2022, that would amend its regulations to set forth procedures regarding the debarment of certain vessels from entering U.S. ports. Affected vessels include those owned or chartered by an entity found to be in violation of certain laws and regulations relating to the performance of longshore work by nonimmigrant crew members.

Comments must be received by June 13, 2022, using the instructions provided in the proposed rule.

Details

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17. ‘Jumpstart Act’ to Recapture Unused Visas Introduced in House

On April 4, 2022, Rep. Zoe Lofgren (CA-19) introduced H.R. 7374, the “Jumpstart our Legal Immigration System Act,” a bill that would recapture approximately 400,000 family- and employment-based visas, create an accelerated path to adjustment of status for those already in the United States, and provide additional funds to U.S. Citizenship and Immigration Services (USCIS) to improve visa processing. Much of the bill was included in the House-passed version of the Build Back Better Act.

According to a statement from Rep. Lofgren, the legislation would:

  • Amend the Immigration and Nationality Act to prevent the future loss of unused employment-based visas by ensuring that they roll over to the family-based categories.
  • Recapture unused immigrant visas from 1992 through 2021, including approximately 222,000 unused family-sponsored visas and approximately 157,000 employment-based visas.
  • Allow an estimated 40,000 individuals who were selected for, but did not receive, diversity visas to reapply for such visas. These individuals were unable to finalize the process or enter the United States due to various executive orders or COVID-related office closures and restrictions.
  • Allow individuals who are in the United States and eligible for adjustment to legal permanent resident (LPR) status except for the lack of an available visa number to apply for adjustment upon paying a fee. “This will allow individuals to receive work authorization while they wait for a visa number to become available and will prevent dependent children from ‘aging out’ of eligibility for LPR status,” Rep. Lofgren’s statement noted.
  • Allow immigrants who are in the United States to receive an exemption from the immigrant visa numerical limits and adjust their status to permanent residence if their immigrant visa petition has been approved for two years and they pay a supplemental fee.

Details:

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18. OFLC Reminds Employers Filing Form ETA-9142B to Submit Their Initiated Cases Before April 28

The Department of Labor’s Office of Foreign Labor Certification (OFLC) reminded employers that the Foreign Labor Application Gateway (FLAG) will be upgrading the H-2B form “fill and submit” module, which OFLC said is expected to reduce lag time in completing form fields, document uploads, and appendices. All other FLAG H-2B functionality will be available to filers in the upgraded fill and submit module.

H-2B submissions made after 6 p.m. ET on April 28, 2022, must be started and submitted in the new form module, OFLC said. Any initiated H-2B cases submitted prior to that date and time will be deleted and a new application using the upgraded module will need to be created.

Details:

OFLC notice, Apr. 5, 2022, https://www.dol.gov/agencies/eta/foreign-labor

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19. EADs Extended for Certain Syria and Somalia TPS Beneficiaries

U.S. Citizenship and Immigration Services (USCIS) is issuing individual notices to certain Syrian and Somalian temporary protected status (TPS) beneficiaries whose applications to renew Form I‑766, Employment Authorization Document (EAD), remain pending.

Syria

The notices further extend the validity of certain Syrian TPS beneficiaries’ EADs through September 24, 2022. Their current EADs bear an A12 or C19 category and an expiration date of March 31, 2021; September 30, 2019; or March 31, 2018.

For Form I-9, Employment Eligibility Verification, a TPS Syria beneficiary may present an EAD with a Category Code of A12 or C19 and an expiration date of March 31, 2021; September 30, 2019; or March 31, 2018, along with an individual notice mailed by USCIS that automatically extends their EAD through September 24, 2022. In these cases, employers should enter September 24, 2022, as the new expiration date of the automatically extended EAD in Section 2 under List A. Employers must reverify these employees on Form I‑9 before they start work on September 25, 2022.

Once a new employee has completed the I‑9 verification, employers should create a case in E‑Verify for the employee. The employer should enter the EAD document number in E-Verify that was entered on the I‑9 form, as well as the automatically extended date of September 24, 2022. Employers must reverify these employees on the I‑9 form before they start work on September 25, 2022.

Somalia

The notices further extend the validity of certain Somalian TPS beneficiaries’ EADs through September 12, 2022. Their current EADs bear an A12 or C19 category and a September 17, 2021, expiration end date, which was previously automatically extended.

For affected Syrians and Somalians, USCIS noted that Systematic Alien Verification for Entitlements (SAVE) can verify the EAD extension provided by the individual notice. In some instances, SAVE user agencies may need to institute additional verification to do so, USCIS said.

Details:

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20. South Sudan TPS Extended, Redesignated for 18 Months

U.S. Citizenship and Immigration Services (USCIS) announced the extension and redesignation of South Sudan for temporary protected status (TPS) for 18 months, from May 3, 2022, through November 3, 2023.

Those who currently have TPS under South Sudan’s designation and would like to keep their TPS must re-register during the 60-day re-registration period ending May 3, 2022. Those who are filing an initial application for TPS under South Sudan’s redesignation, effective May 3, 2022, must register during the 18-month registration period ending November 3, 2023.

USCIS encourages beneficiaries and applicants to register as soon as possible.

Details

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21. District Court Vacates Final Rule on Non-Range H-2A Adverse Effect Wage Rate Methodology

In United Farm Workers v. DOL, on April 4, 2022, a federal district court vacated a 2020 final rule, “Adverse Effect Wage Rate [AEWR] Methodology for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the United States,” remanding it to the Department of Labor for further rulemaking consistent with the court’s order.

The court noted that DOL said it considers actual, current wage data to be the best source of information for determining prevailing wages, when an appropriate source is available, and that using another methodology “increases the likelihood of permitting employers to pay wages that are not reflective of market wages, which undermines the Department’s mandate to prevent an adverse effect on the wages of workers in the United States similarly employed.” Consistent with those statements, a 2021 proposed rule would use the FLS to establish AEWRs for most H-2A jobs, while using Occupational Employment and Wage Statistics data for occupations where FLS data is unavailable. The 2021 proposed rule also recognizes that employers must pay the wage for the highest-paid occupation performed by an H-2A worker when their role covers multiple occupation classifications, the court noted.

Among other things, the court concluded that the final rule was arbitrary and capricious because it failed to protect U.S. workers against adverse effects to their wages and working conditions.

Details

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22. USCIS Implements ‘Risk-Based’ Approach for Conditional Permanent Resident Interviews

U.S. Citizenship and Immigration Services (USCIS) announced on April 7, 2022, that it is adopting a “risk-based” approach when waiving interviews for certain conditional permanent residents (CPR) who have filed a petition to remove the conditions on their permanent resident status.

Effective immediately, new criteria will guide USCIS officers on when to waive interviews for CPRs who filed a Form I-751, Petition to Remove Conditions on Residence. This update replaces previous agency guidance that required all CPRs to undergo an interview if they obtained CPR status via consular processing, the agency said.

Details

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23. ABIL Global: Canada

Canada has launched a new stream of immigration for Ukrainians.

The Canada-Ukraine Authorization for Emergency Travel (CUAET) allows Ukrainian nationals to apply for a Canadian visa without most of the usual requirements (free of charge, exempt from completing an immigration medical exam overseas, the option to apply for an open work permit, exempt from Canada’s COVID-19 vaccination requirements) excepting biometrics in certain cases and ArriveCAN. Announced on March 17, 2022, the CUAET is particularly interesting for Ukrainians as compared to other visas available because it allows them to obtain an open work permit and/or study permit free of charge, and they can be authorized to stay in Canada up to three years instead of the standard six months. For non-complex cases, the aim is to approve such visa applications within 14 days of receipt. No sponsor in Canada is required, no ties to home country are to be considered, and there are no financial requirements.

To apply for CUAET, Ukrainians need to apply for a Temporary Resident Visa and an Open Work Permit by mentioning in their application that it is made through CUAET to highlight the urgency of the demand to the visa officers. Once the application is submitted, Ukrainians need to take biometrics only if they are aged 18 to 60. Then they normally would need to submit their passport for placement of Canadian Visa (although Canadian authorities now emit counterfoil-less visas if the applicant is in one of six departure countries: Poland, Germany, Slovakia, Hungary, Austria, or Romania).

On April 28, 2022, Canada received 163,747 applications and approved 56,633, and 19,628 Ukrainians arrived in Canada. As there is no limit on the number of CUAET applications of CUAET, it is a popular and successful program, according to reports.

Details:

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New Publications and Items of Interest

USCIS webinar on Deferred Action for Childhood Arrivals (DACA) online filing for those who previously received DACA. U.S. Citizenship and Immigration Services (USCIS) will hold a webinar on May 19, 2022, from 2 to 3:30 p.m. ET. During this webinar, USCIS representatives will provide an overview of the USCIS online account features and share instructions for the newest USCIS form available for online filing for those who previously received DACA (Form I-821D, Consideration of Deferred Action for Childhood Arrivals). The option to file online is only available for individuals who have previously been granted DACA. Individuals requesting DACA for the first time must continue to file a paper Form I-821D, Form I-765, and the Form I-765 Worksheet. To register, go to https://public.govdelivery.com/accounts/USDHSCIS/subscriber/new?topic_id=USDHSCIS_579, enter your email address and select “Submit”; select “Subscriber Preferences”; select the “Questions” tab; complete the questions and select “Submit.” USCIS will send a confirmation email with additional details once the agency processes your registration.

USCIS Listening Session on EB-5 Reform and Integrity Act of 2022. USCIS will hold a virtual engagement on the EB-5 program and new law on Friday, April 29, 2022, from 2 to 3:30 p.m. ET. Discussion and updates will include the EB-5 Reform and Integrity Act of 2022, which requires all entities seeking regional center designation to provide a proposal in compliance with the new program requirements, effective May 14, 2022. USCIS Director Ur Jaddou will provide opening remarks, and USCIS will share updates on implementation of the new law and guidance about the new designation filing process. USCIS will then hold a listening session to hear feedback from stakeholders regarding the statutory changes. For more information or to register, see https://www.uscis.gov/outreach/upcoming-national-engagements/uscis-eb-5-reform-and-integrity-act-of-2022-listening-session

Remarks in Panama on regional issues. U.S. Secretary of Homeland Security Alejandro Mayorkas and Secretary of State Antony Blinken delivered remarks in Panama on April 21, 2022. Secretary Mayorkas said DHS’s immediate goals are to “think regionally about stemming migration flows through enhanced prevention and enforcement; create viable legal pathways in the spirit of regional responsibility-sharing; address root causes by investing in the stabilization of communities that need it most; foster and grow legitimate trade and travel between our countries that will help our communities prosper; and attack the shared dangers of transnational crime.” https://www.dhs.gov/news/2022/04/21/secretary-mayorkas-delivers-remarks-joint-media-availability-secretary-state-antony

Lockbox filing location updates. USCIS has updated its lockbox filing location webpage. The page provides a summary of changes USCIS makes to any lockbox filing location. For the most current information on where to file, see the “Where to File” section on the webpage for each form. Users can also subscribe “Forms Updates” GovDelivery distribution list to receive an email each time the agency updates a filing location. https://www.uscis.gov/forms/forms-updates/lockbox-filing-location-updates

Visa reciprocity tables updated. The Department of State has updated its visa reciprocity tables. Nonimmigrant visa applicants from certain countries/areas of authority may be required to pay a visa issuance fee after their application is approved. These fees are based on the principle of reciprocity: when a foreign government imposes fees on U.S. citizens for certain types of visas, the United States will impose a reciprocal fee on citizens of that country/area of authority for similar types of visas. https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html

Agency Twitter accounts:

  • EOIR: @DOJ_EOIR
  • ICE: @ICEgov
  • Study in the States: @StudyinStates
  • USCIS: @USCIS

Immigrant and employee rights webinars. The Department of Justice’s Immigrant and Employee Rights Section (IER), of the Civil Rights Division, is offering a number of free webinars for workers, employers, and advocates. For more information, see https://www.justice.gov/crt/webinars. E-Verify webinar schedule. E-Verify has released its calendar of webinars at https://www.e-verify.gov/calendar-field_date_and_time/month. Alliance of Business Immigration Lawyers:

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ABIL Member / Firm News

Gomberg Dalfen S.E.N.C (Avi Gomberg‘s [bio: https://www.abil.com/lawyers/lawyers-gomberg.cfm?c=CA] firm) and Corporate Immigration Law Firm (BJ Caruso‘s [bio: https://www.abil.com/lawyers/lawyers-caruso.cfm?c=CA] firm) were named by Canadian Lawyer as Top Immigration Law Boutiques for 2022-23. https://www.canadianlawyermag.com/rankings/top-immigration-law-boutiques-2022-23/365708

Robert Loughran (bio: https://www.abil.com/lawyers/lawyers-loughran.cfm) announced that Foster LLP Partner Todd Fowler and Senior Attorney Florence Luk will present a webinar, “Summer Travel During Covid-19: What You Need to Know,” on Wednesday, May 11, 2022. The webinar will provide HR professionals with an overview of the latest regarding travel restrictions and which countries are affected. The presenters will also discuss strategies for filing work visa extension petitions with U.S. Citizenship and Immigration Services in lieu of visa applications presented at U.S. Embassies abroad. For more information or to register, see

Mr. Loughran announced:

  • Partner Stephanie Paver and Senior Attorney Ben Schatz will present in a Foster webinar, “PERM Labor Certification: A Refresher and Updates to the Good Faith Recruitment Process” on Wednesday, April 13, 2022. The webinar will provide HR professionals with a refresher on the PERM labor certification process and helpful updates to the U.S. Department of Labor (DOL) requirements for a good faith recruitment process. https://attendee.gotowebinar.com/register/2736242859876821520?source=ABIL
  • Partner Dorothee Mitchell will speak in a BCON South Breakout Session, “Immigration Updates in an Ever-Changing World” on Friday, May 13, 2022. The session will cover updates on U.S. immigration after pandemic reopening, impacts on U.S. immigration under the Biden administration, and what is new in U.S.-German citizenship law. https://www.gaccsouth.com/en/events/bcon-south

Cyrus Mehta presented on “Immigration Relief for Ukrainian Refugees: What the United States is Currently Offering,” sponsored by the Practising Law Institute, on March 29, 2022. The video recording is available at https://www.pli.edu/programs/immigration-relief-for-ukrainian-refugees-what-the-united-states-is-currently-offering?t=ondemand. Mr. Mehta posted a blog on the same topic, available at http://blog.cyrusmehta.com/2022/04/immigration-relief-for-ukrainian-refugees-what-the-united-states-is-currently-offering-2.html.

Greg Siskind, of Siskind Susser, has authored “Siskind Summary—Uniting for Ukraine Program.” https://www.visalaw.com/siskind-summary-uniting-for-ukraine-program/?locale=en

Wolfsdorf Rosenthal LLP has published a blog post and several webinars on the newly reauthorized EB-5 regional center program. https://wolfsdorf.com/news-and-resources/

Wolfsdorf Rosenthal LLP has published a new blog post: “USCIS Announces ‘Trio’ of Backlog Relief Actions, Expansion of Premium Processing, Relief for Work Permit Holders.” https://wolfsdorf.com/news-and-resources/

Stephen Yale-Loehr (bio: https://www.abil.com/lawyers/lawyers-loehr.cfm?c=US) was quoted by the New York State Bar Association in “NYSBA Members Fight for Immigrant Representation.” Mr. Yale-Loehr, who is co-chair with Shayna Kessler of NYSBA’s Immigration Representation Committee, said, “We try to encourage more members to work pro bono for immigrants, and Shayna has been particularly active in trying to work on funding issues and legislative issues to make it easier to get representation for immigrants in New York State. Immigrants are not guaranteed an attorney. Over half of all immigrants don’t have a lawyer, and immigration law is one of the most complex areas of law in the country. For asylum seekers, it can be a life and death decision.” https://nysba.org/nysba-members-fight-for-immigrant-representation/

Mr. Yale-Loehr co-authored  “How a Supreme Court Abortion Ruling May Harm Refugee Women,” New York Daily News, Apr. 20, 2022. https://www.nydailynews.com/opinion/ny-oped-supreme-court-refugee-abortion-20220420-iyjrkcorjndk5gpxads5qzi4z4-story.html

Mr. Yale-Loehr was quoted by Spectrum News in “Several Democrats Side With Republicans to Keep Border Restrictions.” He noted that the Trump administration said “that for public health reasons they were going to turn back most people who tried to enter from Mexico into the United States, if they did not already have a valid visa like a tourist visa. Title 42 is sort of like a garden hose that has been bottled up. All the people that would normally come in at regular flows over the years have been sort of stymied and held up at the border. And of course, if they lift title 42, that surge now is going to be coming across the border and temporarily could pose problems for the Border Patrol. I think that people should be aware that there will be a surge at the border at the termination of Title 42 but part of that is because of the normal seasonal surge that always happens this time of year.” https://spectrumnews1.com/ma/worcester/politics/2022/04/12/these-democrats-side-with-republicans-to-keep-border-restrictions–

Stephen Yale-Loehr (bio: https://www.abil.com/lawyers/lawyers-loehr.cfm?c=US) was quoted by Univision in “Arizona, Louisiana and Missouri Will Sue the Government for Canceling Border Restrictions.” Mr. Yale-Loehr warned that conservative states like Texas would “challenge the termination of Title 42 in court for encouraging more asylum claims.” He noted that “[f]ederal data shows that immigration officials are on track to make more than 200,000 apprehensions along the Mexican border in March, the highest monthly total since August,” and added that “the perception that lifting Title 42 will make it easier to apply for asylum could encourage more people to try to cross the U.S.-Mexico border. If the lawsuits are successful, Title 42 may continue for some time.” https://www.univision.com/noticias/inmigracion/arizona-luisiana-y-missouri-demandaran-cancelacion-titulo-42 (Spanish, with English translation available)

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Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

USCIS case processing times online: https://egov.uscis.gov/processing-times/

Department of State Visa Bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

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