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Friday, March 19, 2021

USCIS Forms Update Notice

Good afternoon,

We recently updated the following USCIS form(s):

03/01/2021 09:28 AM EST

We will also accept the 09/16/19 edition. You can find the edition date at the bottom of the page on the form and instructions.

For more information, please visit our Forms Updates page.

Secretary Mayorkas Designates Venezuela for Temporary Protected Status for 18 Months

U.S. DEPARTMENT OF HOMELAND SECURITY

Office of Public Affairs


Secretary Mayorkas Designates Venezuela for Temporary Protected Status for 18 Months

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 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.

 

 

Secretario Mayorkas Designa a Venezuela al Estatus de Protección Temporal por 18 Meses

La Nueva Designación Permite que Venezolanos Elegibles Soliciten TPS y Documentos de Autorización de Empleo

WASHINGTON—El secretario de Seguridad Nacional, Alejandro N. Mayorkas, ha designado a Venezuela al Estatus de Protección Temporal (TPS) por 18 meses, hasta septiembre de 2022. Esta nueva designación de TPS para Venezuela permite que los nacionales venezolanos (y personas sin nacionalidad cuya última residencia habitual fue Venezuela) que residen actualmente en Estados Unidos presenten solicitudes iniciales para TPS, siempre que cumplan con los requisitos de elegibilidad.

La designación se debe a condiciones extraordinarias y temporales existentes en Venezuela que evitan que los nacionales regresen a su país de manera segura, entre estas, una crisis humanitaria compleja, marcada por el hambre y la desnutrición generalizadas, una creciente influencia y presencia de grupos armados no estatales, represión y una infraestructura en mal estado. El TPS puede extenderse a un país con condiciones que caigan dentro de una o más de las tres bases estatutarias para la designación: conflicto armado en curso, desastres naturales o condiciones extraordinarias y temporales.

"Las condiciones de vida en Venezuela revelan un país en crisis, incapaz de proteger a sus propios ciudadanos", dijo el secretario Mayorkas. "Es en tiempos de circunstancias extraordinarias y temporales como estas, que Estados Unidos da un paso al frente para apoyar a los nacionales venezolanos elegibles que están actualmente presentes en Estados Unidos mientras su país de origen busca recuperarse de las crisis actuales".

Solo las personas que pueden demostrar residencia continua en Estados Unidos al 8 de marzo de 2021 son elegibles a TPS bajo la designación de Venezuela. Por su propia salud y seguridad, las personas no deben creer en los traficantes u otras personas que afirmen que la frontera ahora está abierta. Debido a la pandemia, las restricciones de viaje y admisión en la frontera siguen vigentes. 

Las personas que deseen el TPS deben presentar una solicitud con el Servicio de Ciudadanía e Inmigración de Estados Unidos dentro del periodo inicial de registro de 180 días. También pueden solicitar Documentos de Autorización de Empleo (EAD) y autorización de viaje. Todas las personas que solicitan TPS son sometidas a verificaciones de seguridad y de antecedentes como parte de la determinación de elegibilidad. Puede encontrar más detalles sobre los criterios de elegibilidad para presentar una solicitud inicial de TPS y solicitar un EAD en la notificación del Registro Federal (FRN).

La FRN también proporciona información acerca de la Salida Forzosa Diferida (DED) para nacionales venezolanos y cómo pueden solicitar los EAD relacionados con la DED, a base del memorándum presidencial del 19 de enero de 2021 que establece la DED para nacionales venezolanos por 18 meses, hasta el 20 de julio de 2022. Las personas que soliciten y reciban TPS y también estén cubiertas por la DED no tienen que solicitar documentación de autorización de empleo bajo ambos programas. USCIS exhorta a las personas que crean que son elegibles a TPS a solicitar durante el periodo de registro inicial anunciado en la FRN, aún si están cubiertos por la DED, en caso de que no cualifiquen para una presentación inicial tardía a TPS después que la DED haya caducado.

 


U.S. Department of Homeland Security · www.dhs.gov · 202-282-8000


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Update on USCIS Visitor Policy

In light of some states and municipalities relaxing mask mandates and other COVID-19 restrictions, U.S. Citizenship and Immigration Services reminds the public that we will continue to enforce our visitor policy in all USCIS facilities. This includes a requirement that all visitors 2 years of age or older wear a face covering while in USCIS facilities.

USCIS continues to prioritize the health and safety of our customers and employees, as well as the American public. We will continue to review and update our policies as needed, consistent with President Biden's Jan. 20, 2021, Executive Order on Protecting the Federal Workforce and Requiring Mask-Wearing

2019 Public Charge Rule Vacated and Removed; DHS Withdraws Proposed Rule Regarding the Affidavit of Support

U.S. DEPARTMENT OF HOMELAND SECURITY

Office of Public Affairs


2019 Public Charge Rule Vacated and Removed

DHS Withdraws Proposed Rule Regarding the Affidavit of Support

WASHINGTON—Today, DHS filed for public inspection with the Federal Register a rule that formally removes from the Code of Federal Regulations the now-vacated 2019 rule on public charge inadmissibility.  On March 9, 2021, a court order vacating the 2019 public charge rule went into effect, and DHS immediately stopped applying the rule.  Today's rule completes the last step in implementing that vacatur.

"Today, DHS closed the book on the public charge rule and is doing the same with respect to a proposed rule regarding the affidavit of support that would have placed undue burdens on American families wishing to sponsor individuals lawfully immigrating to the U.S.,"  said Secretary of Homeland Security Alejandro N. Mayorkas.  "In the weeks ahead, we will work with our federal agency partners and community leaders to ensure immigrants and their families have accurate information about our public charge policies. DHS is committed to implementing reforms that improve our immigration system and reduce unnecessary barriers to legal immigration."

As DHS announced on March 9, as a result of the vacatur, 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. 

Today, DHS also submitted a notice to the Federal Register withdrawing an Oct. 2, 2020, proposed rule related to the affidavit of support.  Under Section 213A of the INA, USCIS requires an affidavit of support for most family-sponsored immigrants and some employment-based immigrants.  The individual who signs the affidavit agrees to financially support the named immigrant and becomes the sponsor once the intending immigrant becomes a lawful permanent resident. The affidavit of support proposed rule would have changed evidentiary requirements to impose new, costly burdens, estimated at $240 million annually, on those sponsoring lawful immigrants.

 

USCIS May Reopen H-1B Petitions Denied Under Three Rescinded Policy Memos

U.S. Citizenship and Immigration Services today announced it may reopen and/or reconsider adverse decisions on Form I-129, Petition for a Nonimmigrant Worker, made based on three rescinded policy memos. USCIS will generally use its discretion to accept a motion to reopen filed more than 30 days after the decision, if filed before the end of the validity period requested on the petition or labor condition application, whichever is earlier, and the decision was based on one or more policies in the rescinded H-1B memoranda below.

On June 17, 2020, USCIS issued Policy Memorandum 602-0114, which officially rescinded two prior policy memoranda:

  • HQ 70/6.2.8 (AD 10-24), "Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements (Reference AFM Chapter 31.3(g)(16))," issued, Jan. 8, 2010; and
  • PM-602-0157, "Contracts and Itineraries Requirements for H-1B Petitions Involving Third-Party Worksites," issued Feb. 22, 2018.

On Feb. 3, 2021, USCIS issued Policy Memorandum 602-0142.1, which officially rescinded:

  • PM-602-0142, "Rescission of the December 22, 2000 'Guidance memo on H1B computer related positions'," issued March 31, 2017.

Both Policy Memorandum 602-0114 and Policy Memorandum 602-0142.1 state that they apply to "any pending or new [H-1B Petitions], including motions on and appeals of revocations and denials of H-1B classification."

A petitioner may request that USCIS reopen and/or reconsider adverse decisions based on the three rescinded policy memos by properly filing Form I-290B, Notice of Appeal or Motion, accompanied by the appropriate fee. In addition, USCIS has the discretionary authority to accept and consider untimely motions under certain circumstances as explained in the form instructions and permitted by regulation.

Petitioners who received an adverse decision on an H-1B petition based on the now-rescinded policy memoranda should consider whether there is time remaining in the validity period requested on the previously filed H-1B petition and the relevant labor condition application.

Additionally, USCIS recently extended through March 31, 2021, COVID-19 related accommodations that affect the deadlines for filing motions and appeals.

USCIS will generally process motions based on filing order, and consistent with current policy guidance.

USCIS reminds petitioners that even when a motion to reopen or reconsider is filed, accepted, and processed by USCIS, petitions will remain subject to all remaining and relevant eligibility requirements during any reopening or reconsideration.


U.S. Citizenship and Immigration Services  20 Massachusetts Ave NW, Washington DC 20529  1-800-375-5283

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

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.


U.S. Citizenship and Immigration Services  20 Massachusetts Ave NW, Washington DC 20529  1-800-375-5283

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