Big News Today on EAD Extensions!
On May 3, 2022, U.S. Citizenship and Immigration Services (USCIS) announced that the Department of Homeland Security (DHS) is temporarily amending existing DHS regulationsrelated to expiring employment authorization and Employment Authorization Documents (EADs) for certain renewal applicants. The prior extension period of up to 180 days will automatically increase to up to 540 days from the expiration date stated on their current EADs. In their announcement, USCIS cited processing times for EAD renewals have increased to an extreme level resulting in renewal applicants being “unable to obtain employment or continue employment with their current employers, and employers may suddenly be faced with finding replacement workers during a time when the U.S. economy is experiencing a high demand for labor as compared to the available supply of workers”.
Applicants with pending renewals will not receive a new receipt stating the automatic extension increase and will be able to show their expired card, the Form I-797C referring to the 180-day extension to receive the up to 540-day extension. A list of the current categories eligible for automatic extensions can be found here
Stay tuned for updated information on the latest news regarding work permits and more!
Read below for more of the other immigration news of the day.
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Here is the Immigration News You NEED to Know Now
UP-TO-DATE IMMIGRATION NEWS
ICE Announces Extension of I-9 Flexibilities to October 31, 2022– The extension relates to deferral of the physical presence requirements of the employment eligibility verification process for certain employees.
USCIS Stops Applying Certain EAD Provisions for Asylum Applicants – In response to a decision in Asylumworks v. Mayorkas, U.S. Citizenship and Immigration Services has stopped applying two rules.
OFLC Announces New Submission Process for H-2B Applications for Temporary Employment Certification – H-2B submissions must be initiated and submitted in a new form module.
DHS Reminds Public That Emergency Response Areas Are ‘Protected’ for Immigration Enforcement Purposes – “Protected areas” include “evacuation routes, sites used for sheltering or the distribution of emergency supplies, food or water, or registration sites for disaster-related assistance or the reunification of families and loved ones.”
DHS Provides Details on ‘Uniting for Ukraine’ Process – Under the new process, available immediately, the Department of Homeland Security will offer certain Ukrainian citizens and their immediate family members recently displaced by Russia’s invasion of Ukraine an opportunity to travel to the United States to seek humanitarian parole for up to two years. Qualifications include passing biometric and biographic vetting, having sufficient financial support in the United States, and meeting other eligibility requirements listed in the notice.
Federal Court Temporarily Blocks Early Title 42 Termination Actions, Schedules Hearing; Mayorkas Issues Memo on Security and Preparedness– A federal court in Louisiana issued a temporary restraining order to block early implementation of termination of Title 42. A 20-page memo from DHS Secretary Mayorkas includes details on the “whole-of-government plan” to prepare for and manage an anticipated increase in noncitizens at the southwest border when Title 42 is terminated, as well as background on the current situation.
For details on these news briefs,click here!
New Publications and Items of Interest
Training on Afghan arrival categories and documentation. The Department of Homeland Security’s Systematic Alien Verification for Entitlements (SAVE) program will present a training on Thursday, December 2, 2021, 1-2 p.m. ET on the immigration documentation that each Afghan arrival category may have and how to use SAVE to verify newly arrived Afghans’ immigration status or parole. Topics will include an overview of Operation Allies Welcome; common Afghan arrival categories and codes; sample documentation; resources; and a question-and-answer session. Registration information “will be forthcoming.”https://www.uscis.gov/save
New E-Verify feature. A new E-Verify feature, myUploads, allows employees to upload required documents in JPEG, PNG, or PDF formats to help resolve Tentative Nonconfirmations (TNCs). Employees can access their my E-Verify accounts by logging into their USCIS online accounts and uploading the requested documents. They can still use fax or mail to submit documents if they prefer. The employer should provide the Further Action Notice (FAN) to the affected employee, discuss the TNC privately with the employee, and allow the employee to decide whether he or she will contest the TNC. The FAN includes the steps for using myUploads to help resolve a DHS TNC. Once uploaded, the employee must call the number on the FAN to resolve the case.https://myeverify.uscis.gov/
New SAVE features. Systematic Alien Verification for Entitlements (SAVE) is enhancing its case search capabilities, including improved usability through a search bar and other features, and a more robust case search engine. SAVE will notify users by email at least three weeks before the go-live date for enhancements.https://save.uscis.gov/web/
- Coronavirus.gov: Primary federal site for general coronavirus information
- USA.gov/coronavirus: Catalog of U.S. government’s response to coronavirus
- CDC.gov/coronavirus: Centers for Disease Control and Prevention information
- American Immigration Lawyers Association: https://www.aila.org/advo-
media/issues/all/covid-19 (links to practice alerts on this site are restricted to members)
- NAFSA: https://www.nafsa.org/
Immigration Agency Information
Department of Homeland Security:DHS.gov/coronavirus
03/17/fact-sheet-dhs-notice- arrival-restrictions-china- iran-and-certain-countries- europe
- Overview and FAQs: https://www.ice.gov/
- Requirements for ICE Detention Facilities: https://www.ice.gov/doclib/
- Updates and Announcements:https://www.cbp.gov/newsroom/
- Accessing I-94 Information: https://i94.cbp.dhs.gov/I94/#/
Department of Labor:
- Office of Foreign Labor Certification:
- OFLC Announcements (COVID-19 announcements included here): https://www.foreignlaborcert.
- COVID-19 FAQs:
- § Round 1 (Mar. 20, 2020): https://www.foreignlaborcert.
- § Round 2 (Apr. 1, 2020): https://www.foreignlaborcert.
- § Round 3 (Apr. 9, 2020): https://www.foreignlaborcert.
- Travel advisories: https://travel.state.gov/
content/travel/en/ traveladvisories/ea/covid-19- information.html
- Country-specific information: https://travel.state.gov/
content/travel/en/ traveladvisories/COVID-19- Country-Specific-Information. html
- J-1 exchange visitor information: https://j1visa.state.gov/
- Executive Office for Immigration Review: https://www.justice.gov/eoir/
Agency Twitter Accounts
- EOIR: @DOJ_EOIR
- ICE: @ICEgov
- Study in the States: @StudyinStates
- USCIS: @USCIS
Immigrant and employee rights webinars. The Department of Justice’s Immigrant and Employee Rights Section (IER), of the Civil Rights Division, is offering a number of free webinars for workers, employers, and advocates. For more information, see https://www.justice.gov/crt/
E-Verify webinar schedule. E-Verify has released its calendar of webinars at https://www.e-verify.gov/
For Details on these and other topics, click www.immigration.net!
Government Agency Links
Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, and the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:
USCIS Service Center processing times online: https://egov.uscis.gov/
Department of State Visa Bulletin:
Visa application wait times for any post:https://travel.state.gov/
Kuck Baxter Immigration — In The News
Charles Kuck and Associate Attorney Emily Lund discussed the firm’s strategy in a new case in an article entitled, “Anna Sorokin fired her lawyer and hired a new team just as a court let her stay in the US a little longer” with the Insider. https://www.insider.com/anna-
Charles Kuck was quoted in Axios for his perspective on the latest twist and turns in Georgia politics. https://www.axios.com/local/
Charles Kuck was interviewed by Daily Mail discussing the case of client, 21 Savage. https://www.dailymail.co.uk/
Charles Kuck was quoted in the Atlanta Journal-Constitution regarding the use of electronic monitoring by ICE
Charles Kuck’s article Commentary: Congress Should Grant Temporary Protected Status to All Ukrainians, Washington is failing the Ukrainians just as it has failed Afghans seeking asylum in the U.S. last year was published by Global Atlanta. https://www.globalatlanta.com/
Charles Kuck was quoted in an article entitled “Feds Can’t Nix Suit Over Manila Embassy’s Fiancé Visa Delays” discussing his representation of the couples and their suit against the U.S. Department of State. https://www.law360.com/
Charles Kuck authored an article entitled “COVID-19 Continues to Cause Havoc in the U.S. Immigration System.” published in the Immigration Law Expert Guide.
Charles Kuck was quoted in an article with Law 360 entitled “State Dept.’s Sluggish Diversity Visa Progress Sparks Outcry” https://www.law360.com/
Charles Kuck was quoted in an article in the Atlanta Journal-Constitution entitled “Detained Migrants Bail Bonds are higher in Georgia” https://www.ajc.com/news/a-
Charles Kuck traveled to Peru in November and while there was interviewed by national media. One of those interviews can be watched here: https://www.youtube.com/watch?
Charles Kuck’s opinion statement entitled “Action needed in Ga. and Congress on immigration relief” was published by the Atlanta Journal-Constitution https://
Kuck Baxter Immigration LLC published its US legal guide for Corporate Immigration. It can be found at https://iclg.com/practice-
We have changed the location of our podcast–The Immigration Hour— to Stitcher. We are entering our 13th year of continuous broadcasts. Listen each week for our latest take on immigration and immigration law!
You can follow us on Twitter @KuckBaxter or @CKuck
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Feel free to reach out with any questions or for help in your immigration case at 404-816-8611 or firstname.lastname@example.org.