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USCIS Reaches H-2B Cap for Second Half of FY 2024 and Announces Filing Dates for the Second Half of FY 2024 Supplemental Visas

Mar 08, 2024

Release Date  03/08/2024


U.S. Citizenship and Immigration Services has received enough petitions to meet the H-2B cap for the second half of fiscal year (FY) 2024 and is announcing the filing dates for supplemental H-2B visas for the reminder of FY 2024 made available under the FY 2024 H-2B supplemental visa temporary final rule.


H-2B Cap for Second Half of FY 2024


USCIS has received enough petitions to meet the congressionally mandated H-2B cap for the second half of FY 2024. March 7, 2024, was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date on or after April 1, 2024, and before Oct. 1, 2024. We will reject new cap-subject H-2B petitions received after March 7, 2024, that request an employment start date on or after April 1, 2024, and before Oct. 1, 2024.


We continue to accept H-2B petitions that are exempt from the congressionally mandated cap. This includes petitions for:


  • Current H-2B workers in the United States who wish to extend their stay and, if applicable, change the terms of their employment or change their employers;
  • Fish roe processors, fish roe technicians and/or supervisors of fish roe processing; and
  • Workers performing labor or services in the Commonwealth of the Northern Mariana Islands and/or Guam (until Dec. 31, 2029).


Filing Dates for Second Half of FY 2024 Supplemental Visas


The Department of Homeland Security (DHS) and the Department of Labor (DOL) jointly published a temporary final rule on Nov. 17, 2023, increasing the numerical limit (or cap) on H-2B nonimmigrant visas by up to 64,716 additional visas for all of FY 2024. These supplemental visas are available only to U.S. businesses that are suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all the H-2B workers requested in their petition, as attested by the employer on the DOL Form ETA 9142-B-CAA-8 (PDF). These supplemental H-2B visas are for U.S. employers seeking to petition for additional workers at certain periods of the fiscal year.


Below are the filing start dates for each of the remaining supplemental visa allocations under the temporary final rule:


  • For employers seeking workers who are nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica, regardless of whether such nationals are returning workers: USCIS will begin accepting petitions for employers requesting an employment start date from April 1, 2024, to Sept. 30, 2024, on March 22, 2024. USCIS began accepting petitions from employers with employment start dates from Oct. 1, 2023, to March 31, 2024, in November 2023. A cap count for this country-specific allocation is available on the Temporary Increase in H-2B Nonimmigrant Visas for FY 2024 page.
  • For employers seeking returning workers for the early second half of FY 2024 (April 1 to May 14): USCIS will begin accepting petitions for the additional 19,000 visas made available to returning workers regardless of country of nationality on March 22, 2024.
  • For employers seeking returning workers for the late second half of FY 2024 (May 15 to Sept. 30): USCIS will begin accepting petitions for the additional 5,000 visas made available to returning workers regardless of country of nationality on April 22, 2024.


USCIS will stop accepting petitions under this temporary final rule received after Sept. 16, 2024, or after the applicable cap has been reached, whichever occurs first.


USCIS has already announced that we have received enough petitions to reach the cap for the additional 20,716 H-2B visas made available for returning workers for the first half of FY 2024 with employment start dates on or before March 31, 2024.


Additional information on the FY 2024 supplemental visas is available on the Temporary Increase in H-2B Nonimmigrant Visas for FY 2024 page.


Reminder: Upcoming Changes in Required Fee and Form Editions for H-2B Petitions


On Jan. 30, 2024, USCIS announced a final rule, published in the Federal Register, that adjusts the fees required for most immigration applications and petitions. The new fees will be effective April 1, 2024.  There will be no grace period for filing the new version of Form I-129, Petition for a Nonimmigrant Worker, because it must include the new fee calculation.


H-2B petitions postmarked on or after April 1, 2024, must include the new fees and be filed on the 04/01/24 edition of the form or we will not accept them. USCIS has published a preview version of the 04/01/24 edition of Form I-129 (PDF, 2.07 MB).


https://www.uscis.gov/newsroom/alerts/uscis-reaches-h-2b-cap-for-second-half-of-fy-2024-and-announces-filing-dates-for-the-second-half-of


Last Reviewed/Updated: 03/08/202

30 Aug, 2024
Release Date 08/30/2024 WASHINGTON—U.S. Citizenship and Immigration Services today announced the opening of an international field office in Quito, Ecuador on Sept. 10. The Quito Field Office will focus on increasing refugee processing capacity, consistent with USCIS commitments under the U.S. Refugee Admissions Program, and helping reunite individuals with their family members already in the United States. “Opening the Quito Field Office expands USCIS’ international presence and expertise in a critical location and is part of our commitment to the Biden-Harris administration’s efforts to facilitate safe and orderly lawful pathways and meet our humanitarian mission,” said USCIS Director Ur M. Jaddou. “USCIS is dedicated to fairness, integrity, and respect for all we serve, and our presence in Ecuador is part of an effort to expand USCIS’ footprint outside the United States to more effectively support that mission.” The Quito Field Office will be located in the U.S. Embassy in Ecuador and will support the U.S. government’s effort to resettle refugees from the Americas, as outlined in the June 2022 Los Angeles Declaration on Migration and Protection . The fiscal year 2024 Presidential Determination on Refugee Admissions increased the target for Latin America and the Caribbean to a range of 35,000-50,000 admissions. With a field office in Ecuador, USCIS staff will be able to provide immigration expertise to U.S. embassy and regional partners in support of the Oficinas de Movilidad Segura , or Safe Mobility Offices, in Ecuador. The Safe Mobility initiative facilitates expedited refugee processing through the U.S. Refugee Admissions Program and provides information and referrals to other lawful migration pathways to the United States and other countries. In addition to supporting refugee processing in Ecuador and the region, USCIS staff will focus on family reunification work and resume other critical USCIS duties at the embassy. This workload includes interviewing and processing Form I-730, Refugee/Asylee Relative Petition , fingerprinting beneficiaries of certain USCIS applications, overseeing collection of DNA samples, and performing essential fraud detection activities. Services at the office in Quito will be available only by appointment. USCIS will update its International Immigration Offices webpage to include information about the field office, its services, and appointments. The Quito Field Office will be the 12th USCIS international field office. Currently, there are USCIS international field offices in Ankara, Turkey; Beijing; Doha, Qatar; Guangzhou, China; Guatemala City; Havana; Mexico City; Nairobi, Kenya; New Delhi; San Salvador, El Salvador; and Tegucigalpa, Honduras. Last Reviewed/Updated: 08/30/2024 https://www.uscis.gov/newsroom/news-releases/uscis-to-open-international-field-office-in-quito-ecuador
28 Aug, 2024
ALERT : On August 26, 2024, the United States District Court for the Eastern District of Texas, in Texas v. Department of Homeland Security , Case Number 24-cv-306 administratively stayed DHS from granting parole in place under Keeping Families Together for 14 days; the District Court might extend the period of this administrative stay. While the administrative stay is in place, we will: Not grant any pending parole in place requests under Keeping Families Together. Continue to accept filings of Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens. The District Court’s administrative stay order does not affect any applications that were approved before the administrative stay order was issued. ALERT : On Aug. 19, DHS posted for public inspection a Federal Register notice implementing Keeping Families Together, a process for certain noncitizen spouses and stepchildren of U.S. citizens to apply for parole in place. Additional information on the eligibility criteria under this process, the request process, and examples of required documentation are available on this page, the Frequently Asked Questions About Keeping Families Together page, and in the Federal Register notice . We have also created a Filing Guide for Form I-131F (PDF, 8.95 MB) to help individuals as they prepare to file a request for parole in place through the online process. On June 18, 2024, the Department of Homeland Security (DHS) announced a key step toward fulfilling President Biden’s commitment to promoting family unity in the immigration system. On Aug. 19, 2024, DHS implemented Keeping Families Together, a process for certain noncitizen spouses and noncitizen stepchildren of U.S. citizens to request parole in place under existing statutory authority. Parole is an exercise of DHS’s discretionary authority under section 212(d)(5)(A) of the Immigration and Nationality Act (INA) to allow certain noncitizen “applicants for admission” to be present in the United States on a temporary, case-by-case basis for urgent humanitarian reasons or significant public benefit. The INA defines an “applicant for admission,” in relevant part, as a noncitizen “present in the United States who has not been admitted.” Noncitizens who are present in the United States without admission or parole may be considered for parole in place under this process because they remain “applicants for admission.” Parole in place is available only for noncitizens who are present in the United States. If granted parole, and if otherwise eligible, these noncitizens may apply for adjustment of status to that of a lawful permanent resident without being required to leave the United States and be processed by a U.S. consulate overseas. DHS estimates that 500,000 noncitizen spouses of U.S. citizens could be eligible to access Keeping Families Together; on average, these noncitizens have resided in the United States for 23 years. In addition, approximately 50,000 noncitizen stepchildren of U.S. citizens are estimated to be eligible to seek parole under Keeping Families Together. USCIS is committed to program integrity and protection against fraud. Using existing training and practices to identify fraudulent evidence, USCIS will be reviewing submitted evidence supporting the existence of a legally valid marriage. In its consideration of the Form I-131F, USCIS will employ rigorous procedures to detect potential fraud concerns, ensuring that potentially fraudulent marriages will not serve as the basis for a grant of adjustment of status following access to this process. For more information on this process, see the Frequently Asked Questions About Keeping Families Together page and the Federal Register notice . https://www.uscis.gov/keepingfamiliestogether
28 Aug, 2024
Release Date 08/27/2024 We are updating guidance in the USCIS Policy Manual regarding when students may be eligible for optional practical training (OPT) extensions for Science, Technology, Engineering, and Mathematics (STEM) fields. This guidance, found in Volume 2, Part F, of the Policy Manual, also provides clarifying guidance for F/M nonimmigrant students concerning online study, school transfers, the grace period, and study abroad. The Policy Manual update: Clarifies that students may count one class or three credits (or the equivalent) per academic session (or the equivalent) toward a full course of study if they take the class online or through distance learning not requiring physical attendance for any purpose integral to completion of the class. Explains that students may transfer between U.S. Immigration and Customs Enforcement (ICE), Student and Exchange Visitor Program (SEVP)-certified, schools at the same educational level, or move between educational levels. Explains that, during the 60-day grace period following an authorized period of post-completion of OPT, students may change their education level, transfer to another SEVP-certified school, or file an application or petition with USCIS to change to another nonimmigrant or immigrant status. Clarifies that students may be eligible for post-completion OPT after completion of an associate’s, bachelor’s, master’s, or doctoral degree program. Corrects the period during which students may apply for STEM OPT extensions and makes other technical corrections. Clarifies that a student enrolled in a SEVP-certified school during a study abroad program may remain active in the Student and Exchange Visitor Information System if the study abroad program lasts less than five months, but that the student will need a new Form I-20, Certificate of Eligibility for Nonimmigrant Student Status , if the program lasts longer than five months. This guidance is effective immediately and applies to requests pending or filed on or after the publication date. For more information, see the Policy Alert (PDF, 324.65 KB) . https://www.uscis.gov/newsroom/alerts/uscis-updates-guidance-for-fm-nonimmigrant-student-classification Last Reviewed/Updated: 08/27/2024
19 Aug, 2024
ALERT: On Aug. 19, DHS posted for public inspection a Federal Register notice implementing Keeping Families Together, a process for certain noncitizen spouses and stepchildren of U.S. citizens to apply for parole in place. Additional information on the eligibility criteria under this process, the request process, and examples of required documentation are available on this page, the Frequently Asked Questions About Keeping Families Together page, and in the Federal Register notice . We have also created a Filing Guide for Form I-131F (PDF, 8.91 MB) to help individuals as they prepare to file a request for parole in place through the online process. On June 18, 2024, the Department of Homeland Security (DHS) announced a key step toward fulfilling President Biden’s commitment to promoting family unity in the immigration system. On Aug. 19, 2024, DHS implemented Keeping Families Together, a process for certain noncitizen spouses and noncitizen stepchildren of U.S. citizens to request parole in place under existing statutory authority. Parole is an exercise of DHS’s discretionary authority under section 212(d)(5)(A) of the Immigration and Nationality Act (INA) to allow certain noncitizen “applicants for admission” to be present in the United States on a temporary, case-by-case basis for urgent humanitarian reasons or significant public benefit. The INA defines an “applicant for admission,” in relevant part, as a noncitizen “present in the United States who has not been admitted.” Noncitizens who are present in the United States without admission or parole may be considered for parole in place under this process because they remain “applicants for admission.” Parole in place is available only for noncitizens who are present in the United States. If granted parole, and if otherwise eligible, these noncitizens may apply for adjustment of status to that of a lawful permanent resident without being required to leave the United States and be processed by a U.S. consulate overseas. DHS estimates that 500,000 noncitizen spouses of U.S. citizens could be eligible to access Keeping Families Together; on average, these noncitizens have resided in the United States for 23 years. In addition, approximately 50,000 noncitizen stepchildren of U.S. citizens are estimated to be eligible to seek parole under Keeping Families Together. USCIS is committed to program integrity and protection against fraud. Using existing training and practices to identify fraudulent evidence, USCIS will be reviewing submitted evidence supporting the existence of a legally valid marriage. In its consideration of the Form I-131F, USCIS will employ rigorous procedures to detect potential fraud concerns, ensuring that potentially fraudulent marriages will not serve as the basis for a grant of adjustment of status following access to this process. https://www.uscis.gov/keepingfamiliestogether
07 Aug, 2024
Release Date 08/07/2024 On Aug. 12, the California Service Center will move to a new address. The new facility will help streamline processes by concentrating operations in the new location. The California Service Center will continue to provide prompt and efficient service in processing requests for immigration benefits. The updated address for the California Service Center will be: California Service Center 2642 Michelle Drive Tustin, CA 92780 Please refer to form filing address pages on uscis.gov to find the specific address information, including suite numbers, you should use depending on which form you are submitting. As a reminder, service centers do not provide in-person services, conduct interviews, or receive walk-in applications, petitions, or questions. https://www.uscis.gov/newsroom/alerts/california-service-center-moving-to-new-address-august-12 Last Reviewed/Updated: 08/07/2024
05 Aug, 2024
Release Date 08/05/2024 USCIS recently announced that we would need to select additional registrations for unique beneficiaries to reach the fiscal year 2025 H-1B regular cap numerical allocation. Our projections indicate we have now randomly selected a sufficient number of registrations for unique beneficiaries as needed to reach the regular cap from the remaining properly submitted FY 2025 registrations. Additionally, we have notified all prospective petitioners with selected registrations from this round of selection that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration. Only petitioners with selected registrations may file H-1B cap-subject petitions for FY 2025, and only for the beneficiary named in the applicable selected registration notice. We did not conduct a second selection for the advanced degree exemption (the master’s cap), as enough masters cap registrations had already been selected and sufficient petitions were received based on these registrations as projected to meet the masters cap numerical allocation. An H-1B cap-subject petition must be properly filed at the correct filing location or online at my.uscis.gov and within the filing period indicated on the relevant selection notice. The period for filing the H-1B cap-subject petition will be at least 90 days. Petitioners must include a copy of the applicable selection notice with the FY 2025 H-1B cap-subject petition. Registration selection only pertains to eligibility to file an H-1B cap-subject petition. Petitioners filing H-1B cap-subject petitions must still establish eligibility for petition approval based on existing statutory and regulatory requirements. On Jan. 31, 2024, USCIS published a final rule that adjusted the fees required for most immigration applications and petitions. The new fees are effective as of April 1, 2024. Petitions must include the new fees, or we will not accept them. Additionally, there is a new 04/01/24 edition of Form I-129, Petition for a Nonimmigrant Worker . We will only accept the 04/01/24 edition of this form. As a reminder, we recently announced a final premium processing fee rule that increased the filing fee for Form I-907, Request for Premium Processing Service , to adjust for inflation, effective Feb. 26, 2024. If we receive a Form I-907 postmarked on or after Feb. 26, 2024, with the incorrect filing fee, we will reject the Form I-907 and return the filing fee. For more information, visit the H-1B Electronic Registration Process page. https://www.uscis.gov/newsroom/alerts/second-random-selection-from-previously-submitted-registrations-complete-for-fy-2025-h-1b-regular Last Reviewed/Updated: 08/05/2024
08 Jul, 2024
Release Date 07/08/2024 - Alert Type info News release originally published by the Department of Homeland Security. Redesignation Allows Additional Newly Eligible Yemeni Nationals to Apply for TPS and Employment Authorization Documents WASHINGTON – Secretary of Homeland Security Alejandro N. Mayorkas today announced the extension and redesignation of Yemen for Temporary Protected Status for 18 months, from September 4, 2024, to March 3, 2026, due to country conditions in Yemen that prevent individuals from safely returning. After consultation with interagency partners, Secretary Mayorkas determined that an 18-month extension and redesignation of Yemen for TPS is warranted because ongoing armed conflict and extraordinary and temporary conditions continue to support Yemen’s TPS designation, and that the extension and redesignation are not contrary to the national interest of the United States. “Yemen has been in a state of protracted conflict for the past decade, severely limiting civilians’ access to water, food, and medical care, pushing the country to the brink of economic collapse, and preventing Yemeni nationals living abroad from safely returning home,” said Secretary Mayorkas . “The steps the Department of Homeland Security has taken today will allow certain Yemenis currently residing in the United States to remain and work here until conditions in their home country improve.” The redesignation of Yemen for TPS allows an estimated 1,700 Yemeni nationals (and individuals having no nationality who last habitually resided in Yemen) who have been continuously residing in the United States since July 2, 2024 to file initial applications for TPS, if they are otherwise eligible. The extension of TPS for Yemen allows approximately 2,300 current beneficiaries to retain TPS through March 3, 2026, if they continue to meet TPS eligibility requirements. This extension and redesignation does not apply for anyone who was not already in the United States on July 2, 2024. The corresponding Federal Register notice provides information about registering for TPS as a new or current beneficiary under Yemen’s extension and redesignation. The Federal Register notice explains eligibility criteria, timelines, and procedures necessary for current beneficiaries to re-register and renew EADs, and for new applicants to submit an initial application under the redesignation and apply for an EAD. Accompanying this announcement is a Special Student Relief notice for F-1 nonimmigrant students whose country of citizenship is Yemen, or individuals having no nationality who last habitually resided in Yemen, so that eligible students may request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain F-1 status through the TPS designation period. Current TPS beneficiaries who wish to extend their status through March 3, 2026, must re-register during the 60-day re-registration period from July 10, 2024, through September 9, 2024, to ensure they keep their TPS and employment authorization. DHS recognizes that not all re-registrants may receive a new Employment Authorization Document before their current EAD expires and is automatically extending through September 3, 2025, the validity of EADs previously issued under Yemen’s TPS designation. U.S. Citizenship and Immigration Services will continue to process pending applications filed under previous TPS designations for Yemen. Individuals with a pending Form I-821, Application for Temporary Protected Status , or a related Form I-765, Application for Employment Authorization , as of July 10, 2024 do not need to file either application again. If USCIS approves a pending Form I-821 or Form I-765 filed under the previous designation of TPS for Yemen, USCIS will grant the individual TPS through March 3, 2026, and issue an EAD valid through the same date. Under the redesignation of Yemen, eligible individuals who do not have TPS may submit an initial Form I-821, Application for Temporary Protected Status , during the initial registration period that runs from July 10, 2024 through March 3, 2026. Applicants also may apply for TPS-related EADs and for travel authorization. Applicants can request an EAD by submitting a completed Form I-765, Application for Employment Authorization , with their Form I-821, or separately later. Since the Securing the Border Presidential Proclamation and Interim Final Rule was issued in early June, over 24,000 noncitizens have been removed or returned to more than 20 countries. All irregular migration journeys are extremely dangerous, unforgiving, and often result in loss of life. DHS will continue to enforce U.S. laws and will return noncitizens who do not establish a legal basis to remain in the United States.  Last Reviewed/Updated: 07/08/2024 https://www.uscis.gov/newsroom/news-releases/secretary-mayorkas-announces-extension-and-redesignation-of-yemen-for-temporary-protected-status
by Ben Munger 28 Jun, 2024
Release Date 06/28/2024 WASHINGTON —Secretary of Homeland Security Alejandro N. Mayorkas today announced the extension and redesignation of Haiti for Temporary Protected Status for 18 months, from Aug. 4, 2024, to Feb. 3, 2026, due to extraordinary and temporary conditions in Haiti. The corresponding Federal Register Notice provides information about registering for TPS as a new or current beneficiary under Haiti’s extension and redesignation. After consultation with interagency partners, Secretary Mayorkas determined on June 3, 2024, that an 18-month extension and redesignation of Haiti for TPS is warranted because conditions that support Haiti’s designation are ongoing and that doing so was not contrary to the national interest of the United States. Several regions in Haiti continue to face violence or insecurity, and many have limited access to safety, health care, food, and water. Haiti is particularly prone to flooding and mudslides, and often experiences significant damage due to storms, flooding, and earthquakes. These overlapping humanitarian challenges have resulted in ongoing urgent humanitarian needs. “We are providing this humanitarian relief to Haitians already present in the United States given the conditions that existed in their home country as of June 3, 2024,” said Secretary Mayorkas . “In doing so, we are realizing the core objective of the TPS law and our obligation to fulfill it.” The redesignation of Haiti for TPS allows an estimated 309,000 additional Haitian nationals (or individuals having no nationality who last habitually resided in Haiti) to file initial applications for TPS, if they are otherwise eligible and if they established residence in the United States on or before June 3, 2024, and have continued to reside in the United States since then (“continuous residence”). Eligible individuals who do not have TPS may submit an initial Form I-821, Application for Temporary Protected Status , during the initial registration period that runs from July 1, 2024, through Feb. 3, 2026. Applicants also may apply for TPS-related Employment Authorization Documents and for travel authorization. Applicants can request an EAD by submitting a completed Form I-765, Application for Employment Authorization , with their Form I-821, or separately later. Haitians who were not residing in the United States on or before June 3, 2024, are not eligible for such protection, and will face removal to Haiti if they do not establish a legal basis to stay. The extension of TPS for Haiti allows current beneficiaries to retain TPS through Feb. 3, 2026, if they continue to meet TPS eligibility requirements. Current beneficiaries under TPS for Haiti must re-register in a timely manner during the 60-day re-registration period from July 1, 2024, through Aug. 30, 2024, to ensure they keep their TPS and employment authorization. Re-registration is limited to individuals who previously registered for and were granted TPS under Haiti’s initial designation. DHS recognizes that not all re-registrants who apply for a new EAD may receive it before their current EAD expires and is automatically extending through Aug. 3, 2025, the validity of certain EADs previously issued under Haiti’s TPS designation. Details will be available on USCIS.gov. If you have one of these EADs, to get an EAD that is valid after Aug. 3, 2025, you must re-register for TPS and file Form I-765, Application for Employment Authorization , following the instructions in the Federal Register notice extending and redesignating Haiti for TPS through Feb. 3, 2026. If U.S. Citizenship and Immigration Services approves your newly filed Form I-765, USCIS will issue you an EAD valid through Feb. 3, 2026. USCIS will continue to process pending applications filed under previous TPS designations for Haiti. Individuals with a pending Form I-821, Application for Temporary Protected Status , or a related Form I-765 as of July 1, 2024, do not need to file either application again. If USCIS approves a pending Form I-821 or Form I-765 filed under the previous designation of TPS for Haiti, USCIS will grant the individual TPS through Feb. 3, 2026, and issue an EAD valid through the same date. The Federal Register Notice explains eligibility criteria, timelines, and procedures necessary for current beneficiaries to re-register and renew EADs, and for new applicants to submit an initial application under the redesignation and apply for an EAD.  This extension and redesignation does not apply for anyone who was not already in the United States on June 3, 2024, and consequences continue to be enforced on those attempting to cross unlawfully or without authorization into the United States. Since the Securing the Border Presidential Proclamation and Interim Final Rule was issued in early June, over 24,000 noncitizens have been removed or returned to more than 20 countries. All irregular migration journeys, especially maritime routes, are extremely dangerous, unforgiving, and often result in loss of life. DHS will continue to enforce U.S. laws and policy throughout the Florida Straits and the Caribbean region, as well as at the southwest border. U.S. policy is to return noncitizens who do not establish a legal basis to remain in the United States. https://www.uscis.gov/newsroom/news-releases/secretary-mayorkas-announces-extension-and-redesignation-of-haiti-for-temporary-protected-status Last Reviewed/Updated: 06/28/2024
by Ben Munger 20 Jun, 2024
Release Date 06/20/2024 We are extending the validity of certain Employment Authorization Documents (EADs) issued to Temporary Protected Status (TPS) beneficiaries under the designations of El Salvador, Honduras, Nepal, Nicaragua and Sudan through March 9, 2025. We will send a Form I-797, Notice of Action , notifying you if you are affected by this extension. If you are a current TPS beneficiary under one of these designations, and you have not yet re-registered for TPS under the most recent extension for that designation, you must submit Form I-821, Application for Temporary Protected Status , during the current re-registration period to keep your TPS benefits. DHS previously extended the re-registration periods for individuals to submit TPS applications: El Salvador now runs through March 9, 2025; Honduras now runs through July 5, 2025; Nepal now runs through June 24, 2025; Nicaragua now runs through July 5, 2025; and Sudan now runs through April 19, 2025. Please note that while the re-registration periods end on different dates, EADs are all extended through the same date: March 9, 2025. Find instructions to re-register for TPS and renew your EAD in the most recent Federal Register notice that extends TPS for your country (or extends and redesignates your country for TPS). Last Reviewed/Updated: 06/20/2024  https://www.uscis.gov/newsroom/alerts/uscis-extends-employment-authorization-documents-under-temporary-protected-status-designations-of-el
by Ben Munger 18 Jun, 2024
On June 18, 2024, the Department of Homeland Security (DHS) announced a key step toward fulfilling President Biden’s commitment to promoting family unity in the immigration system. DHS will establish a new process to consider, on a case-by-case basis, requests for certain noncitizen spouses of U.S. citizens who have been continuously physically present without admission or parole in the United States for 10 years or more; have no disqualifying criminal convictions; do not pose a threat to national security and public safety and pass vetting; are otherwise eligible to apply for adjustment of status; and merit a favorable exercise of discretion. If paroled, these noncitizens will generally be able to apply for lawful permanent residence without having to leave the United States and be processed by a U.S. consulate overseas. DHS estimates that 500,000 noncitizen spouses of U.S. citizens could be eligible to access this process; on average, these noncitizens have resided in the United States for 23 years. Approximately 50,000 noncitizen children of these spouses are estimated to be eligible to seek parole under this process. For more information on this new process, see the DHS Fact Sheet: DHS Announces New Process to Promote the Unity and Stability of Families . Additional information on the application process, required fee, and other key information will be detailed in a forthcoming Federal Register Notice. USCIS will reject any filing received prior to the publication of the Federal Register Notice. Close All Open All Eligibility and Process To be considered on a case-by-case basis for a discretionary grant of parole in place under this process, an individual must: Be present in the United States without admission or parole; Have been continuously present in the United States for at least 10 years as of June 17, 2024; and Have a legally valid marriage to a U.S. citizen as of June 17, 2024. In addition, individuals must not have disqualifying criminal history or otherwise constitute a threat to national security or public safety and should otherwise merit a favorable exercise of discretion. Noncitizen children of spouses who are granted parole under this process may also be considered for parole on a case-by-case basis under this process if they are physically present in the United States without admission or parole and have a qualifying stepchild relationship with a U.S. citizen parent as defined by the Immigration and Nationality Act as of June 17, 2024. In order to be considered for parole, an individual will need to file a form with USCIS along with supporting documentation to show they meet the requirements and pay a fee. Further information regarding eligibility and the application process, including a notice in the Federal Register, will be published in the near term. USCIS will reject any filings or individual requests in relation to this process received before the date when the application process begins later this summer. Upon receipt of a properly filed parole in place request, USCIS will determine on a case-by-case basis whether a grant of parole is warranted based on a significant public benefit or urgent humanitarian reasons and whether the applicant merits a favorable exercise of discretion. All requests will take into consideration the potential requestor’s previous immigration history, criminal history, the results of background checks and national security and public safety vetting, and any other relevant information available to or requested by USCIS. https://www.uscis.gov/keepingfamiliestogether
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