TPS Extended for Certain Countries

USCIS issued a notice announcing the extension of Temporary Protected Status (TPS) for the following countries: (1) El Salvador; (2) Haiti; (3) Nicaragua; (4) Sudan; (5) Honduras; and (6) Nepal. If you are the beneficiary of TPS from one of these countries, that means that USCIS has automatically extended your employment authorization document (work card). USCIS has also extended I-94s for TPS beneficiaries from the above countries. 

For beneficiaries of TPS from the above-listed countries, USCIS has extended the validity of employment authorization through December 31, 2022 provided the authorizations were issued during a certain time frame. If you have questions about the validity of your TPS or work authorization, you should contact an attorney to review your documentation. 

Important Updates to USCIS Policy

USCIS recently announced several policy updates aimed at improving immigration services. These changes impact requests for expedited processing, the validity period for certain employment authorization documents, also known as “work permits,” and the issuance of Requests for Evidence and Notices of Intent to Deny. 

Requests for Expedited Processing

USCIS reinstated its policy of allowing nonprofits whose request is in furtherance of cultural and social interests of the U.S. to request expedited processing for benefits even if the application is eligible for premium processing. USCIS also clarified the circumstances under which work permits can be expedited based on severe financial loss to a person or company. USCIS clarified that job loss can be sufficient to show severe financial loss to an applicant or company based on the individual circumstances. 

Validity Period for Certain Work Permits

Certain applicants for adjustment of status are eligible to receive a work permit while applications to adjust status are pending. Prior to the new policy guidance, the work permit would be valid for only one year. USCIS will now issue those work permits with a validity period of two years. 

Requests for Evidence and Notices of Intent to Deny

USCIS announced that they are once again following the policy guidance from their June of 2013 memo when adjudicating applications for benefits. Under this memo, if an application is submitted that is missing evidence that could demonstrate eligibility, the proper course of action is for USCIS to issue a Request for Evidence or Notice of Intent to Deny and give the applicant time to submit the requested evidence or correct a deficiency in the application. In July of 2018, the Trump Administration rescinded the June 2013 memo and empowered officers to simply deny applications instead of issuing a Request for Evidence or Notice of Intent to Deny. This caused harm to applicants who submitted applications that omitted documentation or information through an innocent mistake. USCIS rescinded the July 2018 memo and will, once again, be following the June 2013 memo. 

How Many Biometrics Appointments is USCIS Going to Schedule?

Our clients, as well firms all over the country, have been receiving multiple biometrics notices for the same application. For example, several of our clients have attended a biometrics appointment for an I-765, Application for Employment for Authorization, commonly referred to as a work permit, and, after attending the appointment, clients receive another notice instructing them to attend a second biometrics appointment. These notices offer no explanation as to why the second notice was issued. This is annoying and burdensome for clients, particularly for clients who do not reside close to the office where the biometrics are collected. 

When this happens, the first question that clients ask is, “Why did this happen?” There are many possible answers to that question. However, the most likely answer is that USCIS made a mistake and issued the second notice in error. There is also a possibility that there was a problem with the collection or readability of your fingerprints. In any case, we are advising clients to attend these appointments even though it is both annoying and burdensome for them. The main reason we advise clients to attend is to avoid a potential wrongful denial based on abandonment. It is easier to attend a technically unnecessary biometrics appointment than it is to get USCIS to rescind a wrongful denial. 

If you receive a biometrics notice and you are unable to attend, you need to let your attorney know immediately, so she can reschedule the appointment. If you do not have an attorney, follow the instructions for rescheduling on the biometrics notice to reschedule your appointment.