USCIS Issues Policy Providing Further Protections for Victims of Crime
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USCIS Issues Policy Providing Further Protections for Victims of Crime

June 14, 2021 by no comments

The policy update will help provide stability to U Visa Petitioners supporting law enforcement efforts to investigate and prosecute crimes 

WASHINGTON—U.S. Citizenship and Immigration Services is updating the USCIS Policy Manual to implement a new process, referred to as Bona Fide Determination, which will give victims of crime in the United States access to employment authorization sooner, providing them with stability and better equipping them to cooperate with and assist law enforcement investigations and prosecutions.

“Today we are taking steps to help victims of crime and promote public safety,” said Secretary of Homeland Security Alejandro N. Mayorkas. “These are individuals who have come forward to help law enforcement keep us all safe, but who are in need of a measure of protection for themselves as well. The Bona Fide Determination process is consistent with the Department’s statutory authorities and will ensure these individuals receive the support they need.”

“Victims of crime need a way to support themselves as they heal and continue their pursuit of justice,” said USCIS Acting Director Tracy Renaud. “This Bona Fide Determination process will allow U visa petitioners to work while they remain safely in the United States, providing valuable support to law enforcement to detect, investigate, or prosecute the serious crimes they have survived or witnessed.”

Through this new process, USCIS will issue employment authorization and grant deferred action to petitioners in the United States with pending U visa petitions that it determines are bona fide (made in good faith and without intention of deceit or fraud) and who merit a favorable exercise of discretion. To be considered bona fide, the petition must include a certification from law enforcement that the petitioner was a victim of a crime and that the victim has been, is being, or is likely to be helpful in the investigation or prosecution of that crime.

Congress has capped the number of principal U visas available each fiscal year at 10,000, but since 2010 USCIS has received more than 10,000 U visa petitions each year. As a result of this high case volume, U visa petitioners now wait approximately five years before receiving a determination that allows them access to an employment authorization document and deferred action. This wait time not only leaves these individuals vulnerable to financial instability and fear of deportation, but it also can disincentivize victims from coming forward and cooperating with law enforcement. Through this policy update, victims with pending bona fide petitions will receive the stability they need as they rebuild their lives while working with law enforcement to investigate and prosecute criminal activity. This increase in victim cooperation will further fortify law enforcement’s ability to protect communities throughout the United States.

USCIS will deem a petition bona fide if:

  • The principal petitioner properly filed Form I-918, including Form I-918B U Nonimmigrant Status Certification;
  • The principal petitioner properly filed a personal statement from the petitioner describing the facts of the victimization; and
  • The result of the principal petitioner’s biometrics has been received.

USCIS will issue employment authorization and deferred action if, after conducting and reviewing background checks, the agency determines, in its discretion, that petitioners merit a favorable exercise of discretion and do not pose a risk to national security or public safety.

This guidance is effective immediately and applies to all Form I-918 and Form I-918A petitions that are currently pending or filed on or after June 14, 2021.

Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000. The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking and other qualifying crimes, while also protecting victims of crimes who have suffered substantial mental or physical abuse due to the crime and who cooperate with law enforcement authorities during the investigation or prosecution of the criminal activity. In the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, Congress specifically authorized DHS to grant employment authorization to a noncitizen who has a pending, bona fide petition for U nonimmigrant status. This guidance implements that authority.

This reform is one of a number of initiatives designed to eliminate complex, costly, and unjustified administrative burdens and barriers, and thus to improve our immigration processes.

Visit Victims of Human Trafficking and Other Crimes to learn more about other protections for victims of crime, human trafficking and domestic violence.

For more information see the policy alert (PDF, 372.89 KB).

For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter, Instagram, YouTube, Facebook, and LinkedIn.

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USCIS Updates Policies to Improve Immigration Services

June 10, 2021 by no comments

WASHINGTON—U.S. Citizenship and Immigration Services has issued new policy updates in the USCIS Policy Manual to clarify the criteria and circumstances for expedited processing; improve request for evidence (RFE) and notice of intent to deny (NOID) guidance; and increase the validity period for initial and renewal employment authorization documents (EADs) for certain noncitizens with pending adjustment of status applications.

“We are taking action to eliminate policies that fail to promote access to the legal immigration system, and will continue to make improvements that help individuals navigate the path to citizenship, and that modernize our immigration system,” said Secretary of Homeland Security Alejandro N. Mayorkas.

“These policy measures are consistent with the Biden-Harris administration’s priorities to eliminate unnecessary barriers to our nation’s legal immigration system and reduce burdens on noncitizens who may be eligible for immigration benefits,” said Acting USCIS Director Tracy Renaud. “USCIS is committed to promoting policies and procedures that ensure we operate in a fair, efficient, and humane manner that reflects America’s heritage as a land of opportunity for those who seek it.”

Expedited Processing

Under the updated expedite criteria policy (PDF, 293.62 KB), benefit requestors and USCIS officers are provided further guidance on when expedited processing may be warranted. Additionally, nonprofit organizations whose request is in furtherance of the cultural and social interests of the United States may request that a benefit be considered for expedited processing, even if premium processing is available for that benefit.

Expedited processing is a special-situation service that USCIS considers for benefit requestors who urgently need their request for immigration benefits adjudicated. USCIS reviews such requests on a case-by-case basis. Expedited requests for noncitizens with a final order of removal or noncitizens in removal proceedings are coordinated between USCIS and U.S. Immigration and Customs Enforcement.

Requests for Evidence and Notices of Intent to Deny

USCIS is returning to the adjudicative principles of a June 2013 memo (PDF) that instructed agency officers to issue an RFE or NOID when additional evidence could potentially demonstrate eligibility for an immigration benefit. As part of the updated RFE and NOID policy (PDF, 319.1 KB), USCIS is rescinding a July 2018 memo that permitted agency officers to deny certain immigration benefit requests instead of first issuing an RFE or NOID.

This updated policy will ensure that benefit requestors are given an opportunity to correct innocent mistakes and unintentional omissions. In general, a USCIS officer will issue an RFE or NOID when the officer determines additional information or explanation may potentially establish eligibility for an immigration benefit.

Employment Authorization Documents

Updated policy guidance (PDF, 296.76 KB) will increase the current one-year validity period on both initial and renewal EADs to two years for certain adjustment of status applicants. Increasing the validity period on EADs for certain adjustment applicants is expected to reduce the number of employment authorization requests USCIS receives and allow the agency to shift limited resources to other priority areas.

This guidance was issued due to ongoing processing delays affecting the completion of adjustment of status applications. Renewing EADs in this category is generally free, and USCIS received nearly 370,000 adjustment-related employment authorization requests in fiscal year 2020.

For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter, Instagram, YouTube, Facebook, and LinkedIn.

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U.S. Departments of Homeland Security and Labor Issue Joint Rule Supplementing H-2B Visa Cap

May 22, 2021 by no comments

WASHINGTON—The Department of Homeland Security (DHS) and the Department of Labor (DOL) have published a joint temporary final rule making available an additional 22,000 H-2B temporary nonagricultural guest worker visas for fiscal year (FY) 2021 to employers who are likely to suffer irreparable harm without these additional workers. Of the supplemental visas, 6,000 are reserved for nationals of the Northern Triangle countries of Honduras, El Salvador, and Guatemala.

DHS first announced the planned supplemental increase of 22,000 visas for the H-2B Temporary Non-Agricultural Worker program on April 20, 2021. The supplemental H-2B visa allocation consists of 16,000 visas available only to returning H-2B workers from one of the last three fiscal years (FY 2018, 2019, or 2020), and 6,000 visas for Northern Triangle nationals, which are exempt from the returning worker requirement.

“Today’s joint rule helps American businesses and addresses the need for robust worker protections,” said Secretary of Homeland Security Alejandro N. Mayorkas. “For the first time, we are setting aside supplemental visas for noncitizens from Northern Triangle countries, in furtherance of President Biden’s and Vice President Harris’ direction to expand legal pathways for protection and opportunity for individuals from those countries.”

“The temporary final rule is designed to prevent permanent and severe financial loss to U.S. employers by supplementing the congressionally mandated H-2B visa cap, takes into account feedback from American businesses, employer organizations, and labor representatives, and is one piece of the administration’s broader comprehensive framework for managing migration throughout North and Central America,” said USCIS Acting Director Tracy L. Renaud. “This rule incorporates several key provisions to ensure adequate safeguards for U.S. workers and H-2B workers. The rule requires that employers take additional steps to recruit U.S. workers, and provides for “portability,” which allows H-2B workers already in the United States to begin employment with a new H-2B employer or agent once USCIS receives a timely filed, non-frivolous H-2B petition, but before the petition is approved. Portability enables H-2B workers to change employers more quickly if they encounter unsafe or abusive working conditions. DHS and DOL will also conduct a significant number of post-adjudication reviews to ensure compliance with the program’s requirements.”

Starting May 25, eligible employers who have already completed a test of the U.S. labor market to verify that there are no U.S. workers who are willing, qualified, and able to perform the seasonal nonagricultural work can file Form I-129, Petition for a Nonimmigrant Worker, to seek additional H-2B workers. They must submit an attestation with their petition to demonstrate their business is likely to suffer irreparable harm without a supplemental workforce. Additional details on eligibility and filing requirements are available in the temporary final rule and the Temporary Increase in H-2B Nonimmigrant Visas for FY 2021 webpage.

For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter, Instagram, YouTube, Facebook, and LinkedIn.

Release Date: 05/21/2021

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Temporary Protected Status Designated Country: Venezuela

May 18, 2021 by no comments

Enrollment is now open for Temporary Protected Status (TPS) & Deferred Enforced Departure (DED) under Venezuela’s designation. If you’re eligible & wish to apply, please do so by Sept. 5, 2021.

For more information visit: 

Sept. 9, 2022
Registration Period March 9, 2021 – Sept. 5, 2021
Continuous Residence in U.S. Since: March 8, 2021
Continuous Physical Presence in U.S. Since: March 9, 2021
TPS Designation Date: March 9, 2021
Federal Register Notice Citation: 86 FR 13574
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When to File for TPS

If you are applying for Temporary Protected Status (TPS) under Venezuela’s designation, effective March 9, 2021, you must register during the 180-day registration period that runs from March 9, 2021, through Sept. 5, 2021. We encourage you to register as soon as possible within the 180-day registration period.

Go to the TPS page for information about registering.

Where to File

Send your TPS package to the appropriate address in the table below:

If you live in: Then, mail your application to:
Florida For U.S. Postal Service (USPS):

USCIS
Attn: TPS Venezuela
PO Box 20300
Phoenix, AZ 85036

For FedEx, UPS, and DHL deliveries:

USCIS
Attn: TPS Venezuela (Box 20300)
1820 E. Skyharbor Circle S
Suite 100
Phoenix, AZ 85034
Any other state For U.S. Postal Service (USPS):

USCIS
Attn: TPS Venezuela
PO Box 805282
Chicago, IL 60680

For FedEx, UPS, and DHL deliveries:

USCIS
Attn: TPS Venezuela (Box 805282)
131 South Dearborn – 3rd Floor
Chicago, IL 60603-5517

If we approve your TPS registration application and you filed Form I-765, Application for Employment Authorization, and paid the fee for an Employment Authorization Document (EAD) (or if we approved your fee waiver request), we will issue you an EAD with an expiration date of Sept. 9, 2022.

For more information on TPS eligibility requirements, what to file, and step-by-step instructions on submitting an initial TPS application package, go to the TPS page.

Other Immigration Options

You might be eligible for other immigration options listed on the Explore My Options page.

To apply for a lawful permanent status (Green Card), you must be eligible under one of the categories listed on the Green Card Eligibility Categories page. Once you find the category that may fit your situation, click on the link provided to get information on eligibility requirements, how to apply, and whether your family members can also apply with you.

Note on Seeking Asylum: Being granted and maintaining TPS until a reasonable period before the filing of the asylum application is considered an extraordinary circumstance for the purposes of the one-year filing deadline. In other words, having TPS status “stops the clock” on the requirement to file for asylum within one year of arriving in the United States, if the one-year clock has not already expired. See 8 CFR 208.4(a)(5)(iv).

Avoid Scams

Please be aware that some unauthorized practitioners may try to take advantage of you by claiming they can file TPS forms. These same individuals may ask that you pay them to file such forms. We want to ensure that all potential TPS applicants know how to obtain legitimate, accurate legal advice and assistance. A list of accredited representatives and free or low-cost legal providers is available on the USCIS finding legal advicewebpage.

We don’t want you to become a victim of an immigration scam. If you need legal advice on immigration matters, make sure the person helping you is authorized to give legal advice. Only an attorney or an accredited representative working for a Department of Justice (DOJ) recognized organization can give you legal advice. Visit the Avoid Scams page for information and resources.

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USCIS Confirms Elimination of “Blank Space” Criteria

April 2, 2021 by no comments

USCIS today confirmed that for all forms it has reverted to the form rejection criteria it applied before October 2019 regarding blank responses.

In 2019, USCIS changed the form rejection criteria for:

USCIS has reverted back to the rejection criteria that existed for these forms before October 2019. USCIS will no longer reject Form I-589, Form I-612 or Form I-918 if an applicant leaves a blank space.

However, applicants should be aware that we may reject these forms, or it might create delays in their case, if the applicant:

  • Leaves required spaces blank;
  • Fails to respond to questions related to filing requirements; or
  • Omits any required initial evidence.

For more information about filing requirements and required initial evidence, consult the filing instructions for each form.

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DHS Withdraws ‘Affidavit of Support’ Proposed Rule

March 19, 2021 by no comments

The Department of Homeland Security (DHS) today announced the withdrawal of the affidavit of support proposed rule, consistent with DHS’s commitment to reduce barriers within the legal immigration system that placed increased burdens on American families wishing to sponsor individuals immigrating to the U.S.

The Oct. 2, 2020, proposed rule would have changed the evidentiary requirements for U.S. citizens, U.S. nationals, and lawful permanent residents wishing to sponsor an individual immigrating to the U.S. by completing an affidavit of support under Section 213A of the Immigration and Nationality Act (INA) on behalf of the intending immigrant.

Consistent with President Biden’s Executive Order (EO) 14012, Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans, DHS and USCIS are committed to eliminating barriers that prevent legal immigrants from accessing government services available to them.

The affidavit of support proposed rule would have imposed higher qualifying and evidentiary requirements, including production of tax returns, banking information and credit reports. Moreover, these requirements would have placed new, costly burdens, estimated at $2.4 billion over the next decade, on U.S. citizens, U.S. nationals, and lawful permanent residents signing an affidavit of support on behalf of intending immigrants.

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USCIS Registration period opens for Temporary Protected Status (TPS) for Syria

March 18, 2021 by no comments

Re-Designation Allows Additional Eligible Syrians to Apply

WASHINGTON—The Department of Homeland Security today published a Federal Register notice (FRN) extending and re-designating Syria for Temporary Protected Status (TPS) for 18 months, effective March 31, 2021, through Sept. 30, 2022. The extension and re-designation were announced on January 29 and were based upon ongoing armed conflict and extraordinary and temporary conditions in Syria that prevent safe return.

The extension allows approximately 6,700 current beneficiaries to re-register and retain TPS through Sept. 30, 2022, so long as they otherwise continue to meet the TPS eligibility requirements. The re-designation of Syria allows an estimated 1,800 additional individuals who have been continuously residing in the United States since March 19, 2021, and continuously physically present in the United States since March 31, 2021, to file initial applications to obtain TPS, if they are otherwise eligible.

Current beneficiaries under Syria’s TPS designation will be eligible to re-register for an extension of their status and have employment authorization through Sept. 30, 2022. The 60-day re-registration period runs from March 19, 2021, through May 18, 2021.

USCIS is automatically extending the validity of employment authorization documents (EADs) previously issued under the TPS designation of Syria for 180 days, through Sept. 27, 2021. USCIS will issue new EADs with a Sept. 30, 2022, expiration date to eligible Syrian TPS beneficiaries who timely re-register and apply for EADs during the 60-day re-registration period.

Under the re-designation of Syria for TPS, Syrian nationals (or individuals having no nationality who last habitually resided in Syria) who entered the United States before March 19, 2021, and continuously resided here since that date and who currently do not have TPS may submit an application during the 180-day initial registration period that runs from March 19, 2021, through Sept. 15, 2021. They must also meet the requirement for continuous physical presence from March 31, 2021, and other TPS eligibility requirements. The FRN explains the procedures necessary to submit an initial registration application under the re-designation and apply for an EAD.

For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter, Instagram, YouTube, Facebook and LinkedIn.

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Source: https://www.uscis.gov/news/news-releases/registration-period-opens-for-temporary-protected-status-tps-for-syria

USCIS Updates Policy Guidance for Special Immigrant Juvenile Classification

March 18, 2021 by no comments

Effective March 18, USCIS has updated policy guidance in the USCIS Policy Manual (PDF, 362.73 KB) regarding the Special Immigrant Juvenile (SIJ) classification based on the settlement agreement resulting from the Saravia v. Barr class action lawsuit.

The SIJ classification allows certain children who have been subject to state juvenile court proceedings related to abuse, neglect, abandonment, etc., to apply for lawful permanent residence (a Green Card). USCIS must review an SIJ petitioner’s juvenile court order and supporting evidence to determine whether they meet the requirements for SIJ classification. If they do, we consent to the SIJ classification.

The Saravia v. Barr settlement agreement affects how we consent to the grant of SIJ classification, as well as the grounds on which we may revoke an SIJ petition. According to the update, we will not:

  • Refuse to consent to a request for SIJ classification because the state court did not sufficiently consider evidence of the petitioner’s gang affiliation when it decided whether to issue a dependency order or when it determined that it was not in the best interest of the child to return to their home country;
  • Use our consent authority to reweigh the evidence the juvenile court considered when it issued the dependency order; or
  • Revoke a petition for SIJ classification because the state court did not consider the petitioner’s gang affiliation when it made its best interest determination.

For more information, see the Policy Manual Update.

Release Date: 03/18/2021

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DHS Secretary Statement on the 2019 Public Charge Rule

March 11, 2021 by no comments

Today, DHS Secretary Alejandro N. Mayorkas announced that the government will no longer defend the 2019 public charge rule as doing so is neither in the public interest nor an efficient use of limited government resources.

“The 2019 public charge rule was not in keeping with our nation’s values. It penalized those who access health benefits and other government services available to them,” said Secretary of Homeland Security Alejandro N. Mayorkas. “Consistent with the President’s vision, we will continue to implement reforms that improve our legal immigration system.”

President Biden’s Executive Order on Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans called for an immediate review of agency actions on public charge inadmissibility and deportability. DHS’s review, in consultation with the Departments of Justice and State and the federal benefits-granting agencies, is ongoing.

As discussed in DHS’s litigation statement, and consistent with the government’s decision not to defend the rule, the Department of Justice is no longer pursuing appellate review of judicial decisions invalidating or enjoining enforcement of the 2019 public charge rule. Today, the Department of Justice dismissed its pending appeals in the Supreme Court and Seventh Circuit, and is in the process of doing so in the Fourth Circuit. Following the Seventh Circuit dismissal this afternoon, the final judgment from the Northern District of Illinois, which vacated the 2019 public charge rule, went into effect. As a result, the 1999 interim field guidance on the public charge inadmissibility provision (i.e., the policy that was in place before the 2019 public charge rule) is now in effect.

Release Date: March 9, 2021

Source: https://www.dhs.gov/news/2021/03/09/dhs-secretary-statement-2019-public-charge-rule?fbclid=IwAR3Mr2ARILD6RAfDsvgtpY_X78jVfDDxZAPdtsP7q1-lKvvkleHmqpc7TTc

DHS Secretary Mayorkas Designates Venezuela for Temporary Protected Status for 18 Months

March 9, 2021 by no comments

New Designation Allows Eligible Venezuelans to Apply for TPS and Employment Authorization Documents

WASHINGTON—Secretary of Homeland Security Alejandro N. Mayorkas is designating Venezuela for Temporary Protected Status (TPS) for 18 months, until September 2022. This new designation of TPS for Venezuela enables Venezuelan nationals (and individuals without nationality who last resided in Venezuela) currently residing in the United States to file initial applications for TPS, so long as they meet eligibility requirements.

This designation is due to extraordinary and temporary conditions in Venezuela that prevent nationals from returning safely, including a complex humanitarian crisis marked by widespread hunger and malnutrition, a growing influence and presence of non-state armed groups, repression, and a crumbling infrastructure. TPS can be extended to a country with conditions that fall into one, or more, of the three statutory bases for designation: ongoing armed conflict, environmental disasters, or extraordinary and temporary conditions.

“The living conditions in Venezuela reveal a country in turmoil, unable to protect its own citizens,” said Secretary Mayorkas.  “It is in times of extraordinary and temporary circumstances like these that the United States steps forward to support eligible Venezuelan nationals already present here, while their home country seeks to right itself out of the current crises.”

Only individuals who can demonstrate continuous residence in the United States as of March 8, 2021 are eligible for TPS under Venezuela’s designation. For their own health and safety, individuals should not believe smugglers or others claiming the border is now open. Due to the pandemic, travel and admission restrictions at the border remain in place.

Individuals desiring TPS must file an application with U.S. Citizenship and Immigration Services within the 180-day registration period. They may also apply for Employment Authorization Documents (EADs) and for travel authorization. All individuals applying for TPS undergo security and background checks as part of determining eligibility. More details about the eligibility criteria to submit an initial TPS application and apply for an EAD can be found in the Federal Register Notice (FRN).

The FRN also provides information about Deferred Enforced Departure (DED) for Venezuelan nationals and how individuals may apply for DED-related EADs, based on the January 19, 2021, presidential memorandum establishing DED for Venezuelan nationals for 18 months, through July 20, 2022. Individuals who apply for and receive TPS and who are also covered by DED do not need to apply for Employment Authorization Documentations under both programs. USCIS encourages individuals who believe they are eligible for TPS to apply during the initial

En español

registration period announced in the FRN, even if they are also covered by DED, in case they cannot qualify for TPS late initial filing after DED has expired.

Release Date:  March 8, 2021

Last Published Date: March 8, 2021

Source: https://www.dhs.gov/news/2021/03/08/secretary-mayorkas-designates-venezuela-temporary-protected-status-18-months