Posts by Ian P. BandPartnerIan’s practice focuses on business and family-related immigration matters. As part of the Labor and Employment team, Ian counsels corporate clients on various aspects of immigration and nationality law, including temporary ...
Ukraine
The Department of Homeland Security (DHS) announced that Ukraine has been designated for “Temporary Protected Status” (TPS) for 18 months due to the invasion by Russia and ongoing conflict.
To qualify, Ukrainian nationals must have continuously resided in the United States as of March 1, 2022, and must apply to the U.S. Citizenship and Immigration Services within 180 days (until August 28, 2022). TPS applicants may also apply for Employment Authorization Documents (EADs) allowing them to work lawfully in the United States.
Following the settlement of a US Citizenship and Immigration Services (USCIS) lawsuit that finally recognizes that dependent L and E spouses are able to work lawfully incident to their status, US Customs and Border Protection (CBP) updated its admission system to designate on the I-94 admission records those spouses who are authorized to work without applying for an EAD. L and E spouses should be admitted with an “S” after their status to indicate that they are spouses authorized to work. The new I-94s do not explicitly state “work authorized”, but the “S” designation tells employers for I-9 purposes that they are authorized to work for the validity of their I-94s.
At some point this year, we expect that the United States will lift the travel ban that includes all of the Schengen countries, the United Kingdom, China, and others. While there have been many rumors about when this will happen, the US government remains silent.
When the United States lifts the travel ban, US visa holders in the United States will have many questions about whether they can travel abroad, when they can return, and what impediments they may face. The following FAQs address these questions. We will update them as needed.
UPDATES as of July 1, 2020: Please see our new piece, Entry Ban Update, for additional information that has become available about how the proclamation is being enforced for Canadians, visa renewals, and exceptions.
On January 13, 2020, the Trump administration filed an emergency appeal with the Supreme Court to lift a nationwide temporary injunction on the DHS “public charge” rule that was upheld by the Court of Appeals (2nd Circuit) last week. The public charge rule, published in August 2019, expands the grounds on which the government can deny immigration benefits to various applicants seeking permanent residence (green card) status or work authorization to include those who have received certain public benefits, such as Medicaid, CHIP, and SNAP (see article, “DHS Reinterprets Public Charge”). The rule gives the government broad discretion to deny an applicant if “at any time”, the applicant would “likely” become a public charge. A medical condition alone could be enough for an immigration officer to exercise discretion to deny the application.
In 2019, the large policy and enforcement shifts signposted in 2017 and 2018 continued to play out with stricter immigration enforcement across the board. While we don’t expect to see seismic shifts in the coming year, there are a few issues to watch for in 2020.
(1) H-1B “Specialty Occupation” Definition Change Likely to Stall in Court
USCIS has indicated it will be announcing an official change to the definition of “specialty occupation.” While we have already seen a detrimental shift in the H-1B adjudication process, this would be an official regulatory change. We expect that any attempt to re-interpret the H-1B statute as narrowly as possible will face a lengthy court battle.
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 new EADs valid through the termination date. However, in late 2018, a federal court judge in California issued a preliminary injunction preventing the administration from ending the TPS program for El ...
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.
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.
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 to register.
Who must register?
Current law requires that all male US citizens who are 18-25 register with the Selective Service. But did you know that non-citizens must register as well? With a few exemptions, the following males who are ...
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. Applicants also have the opportunity to provide information about social media platforms not listed in the drop-down menus. For each platform, applicants must ...
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 for new EADs valid through the termination date.
Because the USCIS has been unable to process EAD extension applications in a timely manner, DHS has further extended the expired EADs through March 4 ...
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.
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 ...
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.
On Tuesday, January 16, 2018, the new US Embassy in London will be operational for all US visa, consular, and US citizen services.
The new address is: 33 Nine Elms Lane, London SW11 7US. Any appointments already scheduled will be held at the new address.
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 ...
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 ...
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 ...
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 ...
The Department of Homeland Security (DHS) announced that because the conditions in Sudan no longer support its designation for Temporary Protected Status (TPS), the designation set to expire on November 2, 2017, will terminate on November 2, 2018. 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 ...
Following the arrest of a US consular employee by Turkish authorities, the United States has suspended the issuance of nonimmigrant visas at the US Embassy in Ankara and the US Consulate General in Istanbul. This is not a travel ban on Turkish nationals, as those with nonimmigrant visas can continue to use them, and those wishing to apply for nonimmigrant visas can do so at other US consular locations outside of Turkey. The processing of immigrant visas will continue without interruption.
In response, the government of Turkey announced the immediate suspension of visa services to US ...
DHS announced that it is extending Temporary Protected Status (TPS) for nationals of South Sudan 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 South Sudan to reapply for TPS and work authorization that will be valid until May 2, 2019. The re-registration period ends on November 20, 2017. Employment authorization documents held by qualifying individuals are automatically extended through May 1, 2018. Employers can rely ...
The State Department online registration period for the Congressionally mandated 2019 Diversity Visa (DV) lottery begins October 3, 2017 (at noon EST), and ends on November 7, 2017 (at noon EST). The DV lottery allows nationals from certain countries to apply for immigrant visas (“green cards”) outside of the normal immigrant visa process. Individuals already being sponsored for immigrant visas by family members or employers may participate as well. Requirements include being a national of an eligible country (although an applicant may qualify based on his or her spouse’s ...
Following the Supreme Court’s recent decision to allow the partial implementation of Executive Order 13780, “Protecting the Nation From Foreign Terrorist Entry Into the United States” (“EO”), the State Department issued a cable to all diplomatic and consular posts instructing them how to implement the EO, which begins tonight at 8:00 PM EDT. The ban applies to aliens from Iran, Libya, Somalia, Sudan, Syria and Yemen. Consular officers are instructed to first determine if a visa applicant meets the general visa issuance requirements without regard to the EO and, if so ...
The President’s Executive Order, commonly called the “travel ban”, has raised many questions. We answer the most frequently asked questions below, and will update them as additional information becomes available.
I am from one of the named countries and am outside of the United States. Can I apply for a nonimmigrant (temporary) or immigrant (permanent) visa at a US consulate?
On January 27, 2017, the U.S. Department of State (DOS) provisionally revoked most valid nonimmigrant and immigrant visas issued to nationals from the seven countries subject to the travel ban. Certain diplomatic and other visa categories are exempt from this action. This move was largely symbolic since individuals subject to the travel ban are not permitted to enter the United States. However, if and when the travel ban is lifted, individuals from the listed countries would most likely need to reapply to a U.S. consulate abroad for a new visa before they could travel to the United States.
A draft of President Trump’s Executive Order banning Muslims and Refugees has surfaced. While the final Order may be different, we expect most of what is in the draft to remain. The draft Order provides for:
- 120-day suspension and “realignment” of the refugee admissions program to determine what additional procedures are necessary to ensure the security and welfare of the United States
- Indefinite suspension of the Syrian refugee program
- 30-day suspension of visa issuance to nationals of Syria, Iraq, Iran, Libya, Somalia, Sudan and Yemen
- 30-day suspension of “other” immigration benefits for nationals of those countries
DHS announced that it is extending Temporary Protected Status (TPS) for nationals of Somalia 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 Somalia to reapply for TPS and work authorization that will be valid until September 17, 2018. The re-registration period ends on March 20, 2017. Employment authorization documents held by qualifying individuals already set to expire on March 17, 2017, are automatically extended ...
DHS announced that it is extending Temporary Protected Status (TPS) for nationals of Yemen 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 Yemen to reapply for TPS and work authorization that will be valid until September 3, 2018. The re-registration period ends on March 6, 2017. Employment authorization documents held by qualifying individuals already set to expire on March 3, 2017, are automatically extended through ...
DHS announced that it is extending Temporary Protected Status (TPS) for nationals of Nepal 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 Nepal to reapply for TPS and work authorization that will be valid until June 24, 2018. The re-registration period ends on December 27, 2016. Employment authorization documents held by qualifying individuals already set to expire on December 24, 2016, are automatically extended ...
The USCIS announced that Temporary Protected Status (TPS) for citizens of Guinea, Sierra Leone, and Liberia will end as of May 21, 2017. TPS for these countries was set to expire on November 21, 2016. The Secretary of DHS has determined that conditions in these countries have improved, so that TPS benefits are no longer required. To make the transition easier for TPS beneficiaries, the program will end six months after the current designation expires. Those affected will retain their TPS-based employment authorization documents through May 20, 2017, and must depart the United States ...
The Department of Homeland Security designates a country for Temporary Protected Status (“TPS”) when conditions – such as ongoing armed conflicts or environmental disasters – make it unsafe for those citizens who are in the United States to return home. Because of the Ebola outbreaks in western Africa, DHS designated Liberia, Guinea and Sierra Leone for TPS in November 2014.
The Department of Homeland Security designates a country for Temporary Protected Status (“TPS”) when conditions – such as ongoing armed conflicts or environmental disasters – make it unsafe for those citizens who are in the United States to return home. Because of the recent Ebola outbreaks in western Africa, DHS designated Liberia, Guinea and Sierra Leone for TPS in November 2014.
The Department of Homeland Security today announced that Nepal has been designated for “Temporary Protected Status” due to the 7.8 earthquake that struck the country on April 25 and its aftermath.
The Department of Homeland Security (DHS) may designate a country for Temporary Protected Status (TPS) when conditions make it unsafe for citizens of that country who are in the United States to safely return. TPS is usually granted when there is ongoing armed conflict, an environmental disaster, or other extraordinary and temporary conditions. Due to the recent Ebola outbreak in western Africa, DHS has designated Liberia, Guinea, and Sierra Leone for TPS.
As the results of the 2012 Diversity Visa Lottery are released, the State Department is again warning applicants about the increase in visa lottery scams. The scams include letters notifying applicants that they have "won" and that they must quickly pay a fee in order to continue with the process. Those chosen for participation in the program will not be notified by mail; rather, applicants must check their status online, and follow the instructions for registration. The State Department's FAQs on this issue can be found HERE
Hunton & Williams LLP has received The National Law Journal's 2011 Pro Bono Award, recognizing six law firms that "best reflect the pro bono tradition" The firm was lauded as one of three law firms that led the profession's response to the devastating earthquake in Haiti.
Representing Catholic Charities Immigration Legal Services, a Hunton & Williams team -- including attorney Suzan Kern and senior professional assistant Carol Schlenker of the immigration practice group -- urged the Department of Homeland Security to extend the deadline for Haitians in the United States to apply ...
Hunton & Williams LLP, on behalf of Catholic Charities Immigration Legal Services, the Episcopal Bishop of Haiti, and a coalition of 49 U.S. charitable organizations, has launched an effort to put as much as $1 billion directly into the Haitian economy over the next three years as the country recovers from the recent devastating earthquake.
The Department of Homeland Security (DHS) may designate a country for Temporary Protected Status (TPS) when conditions make it unsafe for citizens of that country who are in the United States to return. TPS is usually granted when there is ongoing armed conflict, an environmental disaster, or other extraordinary and temporary conditions. Due to the recent 7.0 magnitude earthquake, DHS has designated Haiti for TPS.
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