Congress created temporary protected status (TPS) as part of the Immigration Act of 1990.  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.  DHS has the discretion to determine when the circumstances in a particular country merit TPS designation.  Nationals of those countries already present in the United States can apply for TPS, along with permission to work lawfully.  TPS is usually granted in 6, 12, or 18 month increments, and can be renewed.  Haiti received the most recent TPS designation for a natural disaster, following the 2010 earthquake that devastated the island nation.

Continue Reading

In 2018, the Department of Homeland Security (DHS) announced that it will terminate the temporary protected status (TPS) program for nationals of El Salvador on September 9, 2019.  Employment authorization documents (EADs) held by qualifying individuals that expired on March 9, 2018, were automatically extended through September 5, 2018, providing applicants time to apply for

In what seems to be a continuing effort to limit legal immigration, DHS issued a final rule that reinterprets “public charge” as a ground of inadmissibility. The new interpretation is scheduled to take effect October 15, 2019, but has already been challenged in several federal courts, which may delay the effective date.

Continue Reading

Even though the United States ended the compulsory military draft on January 27, 1973, it maintains a database of eligible men used to provide “trained and untrained manpower to the Department of Defense in a national emergency.” The agency that manages this database, the “Selective Service System”, is alive and well, as is the requirement

Applicants for US visitor, student, and work-related nonimmigrant visas, as well as family-based and employment-based immigrant visas (“green cards”), now have to provide information about the social media platforms used over the preceding 5-year period.  The updated visa application forms seek information about the most popular social media platforms, including Facebook, Twitter, Pinterest, and YouTube. 

Earlier this year, the Department of Homeland Security (DHS) announced that it will terminate the temporary protected status (TPS) program for nationals of El Salvador on September 9, 2019.  Employment authorization documents (EADs) held by qualifying individuals that expired on March 9, 2018, were automatically extended through September 5, 2018, providing applicants time to apply

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

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

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