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Headlines:
USCIS Releases Further Particulars About Organizational Accounts – U.S. Citizenship and Immigration Companies unveiled further particulars about its launch of organizational accounts in February 2024, in time for the fiscal 12 months 2025 H-1B cap season.
USCIS Could Excuse Premature Filed Extension of Keep and Change of Standing Requests Beneath ‘Extraordinary Circumstances’ – U.S. Citizenship and Immigration Companies up to date its coverage steerage to offer that USCIS, “in our discretion and underneath sure circumstances, might excuse a nonimmigrant’s failure to well timed file an extension of keep or change of standing request if the delay was attributable to extraordinary circumstances past the management of the applicant or petitioner.”
DHS Declares ‘Streamlined and Expedited’ Deferred Motion Course of for Noncitizen Staff Who Are Victims of, or Witness, Violations of Labor Rights – Noncitizen staff who’re victims of, or witnesses to, violations of labor rights can now entry a “streamlined and expedited deferred motion request course of.” The Division of Homeland Safety defined that deferred motion “protects noncitizen staff from threats of immigration-related retaliation from the exploitive employers.”
DHS Extends and Redesignates Syria for TPS, Declares Scholar Reduction – The Division of Homeland Safety is extending and redesignating Syria for Momentary Protected Standing. DHS additionally introduced Particular Scholar Reduction for F-1 nonimmigrant college students whose nation of citizenship is Syria.
USCIS Declares New Course of for Paying for Sure Profit Requests by Mail or Remotely – U.S. Citizenship and Immigration Companies introduced a brand new course of for many candidates, petitioners, and requestors, and their attorneys and accredited representatives, to pay for sure profit request types by mail or remotely as an alternative of in particular person at a subject workplace.
Particulars:
USCIS Releases Further Particulars About Organizational Accounts
Throughout a public engagement session, U.S. Citizenship and Immigration Companies (USCIS) unveiled further particulars about its launch of organizational accounts in February 2024, in time for non-cap filings and the fiscal 12 months 2025 H-1B cap season. USCIS famous:
- An organization can designate representatives who can have the authority to assessment, signal on behalf of the corporate, and pay (if essential) the submitting charges related to submissions. These designated people shall be deemed because the “Directors” for the corporate and might want to both create their very own USCIS accounts or leverage their current ones if they’ve served as firm representatives for H-1B cap registration functions.
- For firms, Directors can have a variety of account administration capabilities, from creating working Teams, inviting different Directors, Authorized Consultant Groups, or common working Group Members to collaborate on tasks throughout the created company Group. Directors are additionally the one account holders licensed to assessment, signal, and submit filings on behalf of the group.
The Alliance of Enterprise Immigration Attorneys (ABIL) recommends that firms contact their ABIL legal professional for recommendation and assist with the brand new platform.
Particulars:
USCIS Could Excuse Premature Filed Extension of Keep and Change of Standing Requests Beneath ‘Extraordinary Circumstances’
On January 24, 2024, U.S. Citizenship and Immigration Companies (USCIS) up to date its coverage steerage to offer that USCIS, “in our discretion and underneath sure circumstances, might excuse a nonimmigrant’s failure to well timed file an extension of keep or change of standing request if the delay was attributable to extraordinary circumstances past the management of the applicant or petitioner.”
USCIS mentioned that extraordinary circumstances might embody, for instance, work slowdowns or stoppages involving a strike, lockout, or different labor dispute, or the lack to acquire a licensed labor situation utility or momentary labor certification attributable to a lapse in authorities funding supporting these certifications.
Particulars:
DHS Declares ‘Streamlined and Expedited’ Deferred Motion Course of for Noncitizen Staff Who Are Victims of, or Witness, Violations of Labor Rights
On January 13, 2024, the Division of Homeland Safety (DHS) introduced that noncitizen staff who’re victims of, or witnesses to, violations of labor rights can now entry a “streamlined and expedited deferred motion request course of.” DHS defined that deferred motion “protects noncitizen staff from threats of immigration-related retaliation from … exploitive employers.”
DHS mentioned that along with offering new steerage to labor businesses concerning processes to hunt deferred motion for sure staff, DHS can even present for a single consumption level for deferred motion requests from noncitizen staff which can be supported by labor enforcement businesses. Along with satisfying particular person standards to facilitate case-by-case determinations, DHS mentioned, requests for deferred motion submitted by way of this centralized course of “should embody a letter (a Assertion of Curiosity) from a federal, state, or native labor company asking DHS to contemplate exercising its discretion on behalf of staff employed by firms recognized by the company as having labor disputes associated to legal guidelines that fall underneath its jurisdiction.”
Discretionary grants of deferred motion underneath this course of will usually final for 2 years, DHS mentioned. These granted deferred motion could also be eligible for work authorization if they will exhibit an financial necessity for employment. They might even be eligible for subsequent grants of deferred motion “if a labor company has a seamless investigative or enforcement curiosity within the matter recognized of their authentic letter supporting DHS use of prosecutorial discretion,” DHS mentioned.
Particulars:
DHS Extends and Redesignates Syria for TPS, Declares Scholar Reduction
The Division of Homeland Safety (DHS) is extending and redesignating Syria for Momentary Protected Standing (TPS).
DHS additionally introduced Particular Scholar Reduction for F-1 nonimmigrant college students from Syria. DHS mentioned this can allow eligible college students to request employment authorization, work an elevated variety of hours whereas faculty is in session, and cut back their course hundreds whereas persevering with to take care of F-1 standing by way of the TPS designation interval.
Beneath are highlights of the extension and redesignation.
Extension. TPS shall be prolonged for Syria for 18 months, starting on April 1, 2024, and ending on September 30, 2025. DHS mentioned this extension permits current TPS beneficiaries to retain TPS by way of September 30, 2025, in the event that they in any other case proceed to fulfill the eligibility necessities for TPS. Current TPS beneficiaries who want to lengthen their standing by way of September 30, 2025, should re-register in the course of the 60-day re-registration interval, which can start on the date the discover is printed within the Federal Register (anticipated to be January 29, 2024), and run for 60 days.
Redesignation. DHS can be redesignating Syria for TPS. The company defined that the redesignation permits further Syrian nationals (and people having no nationality who final habitually resided in Syria) who’ve been constantly residing in the USA since January 25, 2024, to use for TPS for the primary time in the course of the preliminary registration interval, which can start on the date the discover is printed within the Federal Register (anticipated to be January 29, 2024), and can stay in impact by way of September 30, 2025. Along with demonstrating steady residence in the USA since January 25, 2024, and assembly different eligibility standards, preliminary candidates for TPS underneath this designation should exhibit that they’ve been constantly bodily current in the USA since April 1, 2024.
DHS mentioned, “It is crucial for re-registrants to well timed re-register in the course of the re-registration interval and to not wait till their Employment Authorization Paperwork (EADs) expire, as delaying reregistration may lead to gaps of their employment authorization documentation.”
Particulars:
USCIS Declares New Course of for Paying for Sure Profit Requests by Mail or Remotely
On January 26, 2024, U.S. Citizenship and Immigration Companies (USCIS) introduced a brand new course of for many candidates, petitioners, requestors, and their attorneys and accredited representatives to pay for sure profit request types by mail or remotely as an alternative of in particular person at a subject workplace. Beneath the brand new course of, candidates might mail both a examine or Kind G-1450, Authorization for Credit score Card Transactions, to the sphere workplace with their profit request.
As well as, USCIS mentioned, attorneys and accredited representatives now can course of funds for EOIR-29, Discover of Attraction to the Board of Immigration Appeals from a Choice of a DHS Officer, by way of a hyperlink within the e mail they obtain or through textual content from the USCIS Contact Heart. As soon as such a fee has been processed, attorneys and accredited representatives should mail their consumer’s EOIR-29; their EOIR-27, Discover of Entry of Look as Legal professional or Consultant Earlier than the Board of Immigration Appeals; and their Pay.gov receipt to the sphere workplace.
An exception to the brand new course of is emergency advance parole (EAP) requests, USCIS mentioned. Candidates submitting Kind I-131, Software for Journey Doc, with an EAP request should nonetheless make an appointment with the USCIS Contact Heart, apply in particular person with their bundle (accomplished kind and supporting documentation), and pay the appliance payment (if relevant) by bank card with Kind G-1450 or examine on the subject workplace.
Particulars:
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