Weekly Immigration Update: July 30–August 5, 2021

President Biden Announces Deferred Enforced Departure (DED) for Hong Kong Residents

• The president has designated Hong Kong for Deferred Enforced Departure (DED).
• The DED order blocks the removal of certain Hong Kong residents from the United States for at least 18 months, and instructs the Department of Homeland Security to take steps to provide employment authorization to eligible DED beneficiaries and relax employment rules for F-1 students from Hong Kong.
• A forthcoming notice in the Federal Register will outline the requirements for the program and related benefits. 

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Switzerland, August 4, 2021
Significant Processing Delays in the Canton of Geneva

• The Canton of Geneva is currently taking 10 weeks to process immigration-related requests, up from the usual four to six weeks.

• This delay affects EU and non-EU nationals seeking new work permits, work permit renewals, changes of address and changes of employer, among other procedures, and is not expected to be resolved in the near future.
• Impacted foreign nationals and their employers should plan to gather documents and submit their immigration applications much earlier than usual to allow enough time for processing of work permits.

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United States, August 3, 2021
DHS Extends Filing Deadline for Initial TPS Applicants from Venezuela, Syria and Burma (Myanmar)

• The Department of Homeland Security (DHS) is extending the initial registration periods for applications under the Temporary Protected Status (TPS) designations for Venezuela, Syria and Burma (Myanmar), from 180 days to 18 months.
• The registration period for eligible individuals to submit initial TPS applications will now run through September 9, 2022 for Venezuela, September 30, 2022 for Syria, and November 25, 2022 for Burma.
• Eligible applicants will also be able to apply for TPS-related employment authorization documents (EADs) and travel permissions during this time. 

To view entire article, click here.

 

United States, July 30, 2021
DHS Designates Haiti for Temporary Protected Status, Expands Employment Options for Haitian F-1 Students

• The Department of Homeland Security has newly designated Haiti for Temporary Protected Status (TPS), from August 3, 2021 through February 3, 2023.
• Haitian beneficiaries who received TPS under the previous 2010 designation, which was slated for termination by the Trump Administration and which is the subject of ongoing litigation, are encouraged to submit new applications under the latest designation.
• The registration period for all TPS applicants will run for the duration of the TPS period, from August 3, 2021 through February 3, 2023. Eligible individuals will also be able to apply for TPS-related employment authorization documents (EADs) and travel permission during this time.
• DHS has also announced that it will suspend certain employment authorization rules for Haitian students in F-1 status who are experiencing severe economic hardship as a direct result of the crisis in Haiti.

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United States, July 30, 2021
Federal Immigration Agencies Issue Regulatory Agendas

• The agenda reflects the regulatory priorities of the Biden Administration for the coming months.
• The Department of Homeland Security is planning a proposed rule to amend aspects of the H-1B program, including a redefinition of the employer-employee relationship, rules for the longstanding site visit program, and clarification of petition amendment requirements.
• A forthcoming DHS regulation is expected to implement recent legislation expanding the USCIS premium processing program.
• The Department of Labor is proceeding with a proposal to increase prevailing wages for the H-1B and PERM programs, among others.
• A forthcoming State Department regulation seeks to eliminate the use of the B-1 business visitor category in lieu of H-1B.

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Czech Republic, July 30, 2021
New Identification Documents for Third-Country Nationals      

• Beginning August 2, all third-country nationals, including family members of EU nationals, will need to obtain new identification documents containing biometric data, which will be issued free of charge.
• Non-EU family members of EU nationals must obtain the new identification documents by August 3, 2023.
• UK nationals must exchange their documents by August 31, 2022.
• The government recommends that extended family members of EU nationals exchange their documents by August 31, 2022.

To view entire article, click here.

 

United States, July 30, 2021
USCIS Extends Accommodations to F-1 Optional Practical Training Applicants Affected by Processing Delays

• As a result of a recent court order, USCIS is extending some flexibilities to F-1 students seeking Optional Practical Training (OPT) who have been negatively affected by agency delays in receipting and processing Form I-765, Employment Authorization Document (EAD) applications. The flexibilities initially only applied to filings received by May 1, 2021 and now apply to those received by October 31.
• F-1 students whose OPT applications were received between October 1, 2020 and October 31, 2021, will be permitted to complete their 12-month practical training period within 14 months of the date of their Form I-765 approval, instead of 14 months from the date of their F-1 program completion.
• F-1 students who timely filed Form I-765 but had their applications rejected due to the lengthy USCIS delays may re-file by November 30, 2021, as long as USCIS received the initial filing between October 1, 2020 and October 31, 2021.
• The court order also includes an important new accommodation, that applications received through October 31, 2021 may be filed up to 120 days before the F-1 program end date, extended from 90 days under the standard rules.

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