The Department of Homeland Security (DHS) announced that because the conditions in Nepal no longer support its designation for Temporary Protected Status (TPS), the designation set to expire on July 24, 2018, will now terminate on June 24, 2019.  TPS allows qualifying persons inside the United States to remain and work lawfully in the United States until conditions in their home countries improve following civil war, natural disaster or similar extraordinary situations.  The final year of designation gives those unable to acquire another legal status time to prepare to depart the United States by the TPS termination date.

Continue Reading DHS Announces Final TPS Re-registration for Nepal

The US Citizenship and Immigration Services (USCIS) announced yesterday that it has completed the data entry for all H-1B cap petitions selected in the FY2019 lottery held in April.   Because receipts are mailed on a rolling basis as the data entry for each selected petition is completed, it is still possible that additional receipts for petitions selected in the lottery will arrive later this week.

 The USCIS will now begin the process of returning to the attorneys of record those petitions that were not selected in the lottery.  In past years, the return process lasted into July.

The Department of Homeland Security (DHS) announced that because the conditions in Honduras no longer support its designation for Temporary Protected Status (TPS), the designation set to expire on July 15, 2018, will terminate on January 5, 2020.  This conclusion is at odds with the State Department travel advisory, which says that travelers should reconsider travel to Honduras due to violent crime (murder, assault, rape, armed robbery, gang activity, etc.).  The travel advisory can be found here.

TPS allows qualifying persons inside the United States to remain and work lawfully until conditions in their home countries improve following civil war, natural disaster or similar extraordinary situations.  The final period of designation gives those unable to acquire another legal status time to prepare to depart the United States by the TPS termination date.

DHS has not yet provided details for nationals of Honduras holding TPS status to re-register to extend their status through the designation end date of January 5, 2020.   When those instructions are issued, the employment authorization documents held by qualifying individuals already set to expire on July 15, 2018, will likely be automatically extended for six months, providing applicants time to apply for new employment authorization documents valid through the termination date.

The USCIS announced today that the FY2019 H-1B cap has been met.  The USCIS will hold a lottery for the H-1B visas as early as next week.  Those selected will receive receipt notices in the mail; those rejected will have their filings returned, along with the filing fee checks.   We expect that the receipt notices for those selected will begin to trickle in later this month through most of May; the rejected petitions will take longer to return.  The USCIS has not yet released the number of petitions it received.  Please check back for updates.

The Department of Homeland Security (DHS) announced that because the conditions in El Salvador  no longer support its designation for Temporary Protected Status (TPS), the designation set to expire on March 9, 2018, will terminate on September 9, 2019.  This conclusion is at odds with the State Department travel advisory, which says that travelers should reconsider travel to El Salvador due to violent crime (murder, assault, rape, armed robbery, gang activity, etc.).  The travel advisory can be found here.

Continue Reading Temporary Protected Status for El Salvador to End

The Department of Homeland Security (DHS) announced today that because the conditions in El Salvador no longer support its designation for Temporary Protected Status (TPS), the designation set to expire on March 9, 2018, will terminate in 18 months.  TPS allows qualifying persons inside the United States to remain and work lawfully in the United States until conditions in their home countries improve following civil war, natural disaster or similar extraordinary situations.  The final 18 months of designation gives those unable to acquire another legal status time to prepare to depart the United States by the TPS termination date.

USCIS will issue a notice in the Federal Register with the exact dates for re-registration and employment authorization document (EAD) renewal.  We expect that EADs set to expire on March 9, 2018, will be automatically extended for 6 months.  We will update this entry as soon as the Federal Register notice is released.

DHS announced that it is extending Temporary Protected Status (TPS) for nationals of Honduras who already hold TPS. TPS allows qualifying individuals to remain and work lawfully in the United States until conditions in their home countries improve.  The new extension allows qualifying individuals from Honduras to re-register for TPS by  February 3, 2018.  Employment authorization documents held by qualifying individuals who timely re-register are automatically extended through July 5, 2018 (the USCIS web page indicates July 4, but the Federal Register notices indicates July 5). Employers can rely on the Federal Register notice for I-9 employment verification and re-verification purposes, which can be found here.

TPS typically is extended in 18-month increments, but the Secretary has the discretion to extend TPS for shorter periods.  Because the Secretary did not make a determination on Honduras’ designation by the statutory deadline (November 6, 2017), the extension was automatically extended for 6 months.  While DHS can still extend TPS further for Hondurans, it seems unlikely since DHS is ending TPS for other countries.  If TPS for Hondurans is not extended further, those unable to acquire another legal status will need to prepare to depart the United States by July 5, 2018.

The Department of Homeland Security (DHS) announced that because the conditions in Nicaragua no longer support its designation for Temporary Protected Status (TPS), the designation set to expire on January 5, 2018, will now terminate on January 5, 2019.  TPS allows qualifying persons inside the United States to remain and work lawfully in the United States until conditions in their home countries improve following civil war, natural disaster or similar extraordinary situations.  The final year of designation gives those unable to acquire another legal status time to prepare to depart the United States by the TPS termination date.

Nationals of Nicaragua holding TPS status have until February 13, 2018, to re-register to extend their status through the designation end date of January 5, 2019.   Employment authorization documents held by qualifying individuals already set to expire on January 5, 2018, are automatically extended through March 6, 2018, providing applicants time to apply for new employment authorization documents valid through the termination date. Employers can rely on the Federal Register notice for I-9 employment verification and re-verification purposes, which can be found here.

Following reports that DHS rejected 4,000 timely-filed DACA renewal applications for being late due to USPS delays, DHS Secretary Elaine Dukes directed the USCIS to accept the applications, provided that the resubmissions include “individualized proof” that the applications were originally mailed in a timely matter and that the delivery delay was because of USPS error.  Secretary Dukes did not define what constitutes proof of timely filing; however, those who do not have such documentation can contact USPS to review their cases.  USPS will provide applicants with letters to submit to USCIS with the resubmissions, if appropriate.

USCIS also discovered that it rejected some timely-filed applications in error, and will reach out to those applicants to advise them to resubmit their applications.  Those not contacted by the USCIS who believe their applications were erroneously rejected may also resubmit their applications with proof that their applications were received timely at the designated filing location.