The U.S. Department of Homeland Security announced on Monday that the Biden Administration will waive application fees for Afghan evacuees who are filing requests for U.S. work permits and permanent residency. Afghans brought to the U.S. after July 30th under a humanitarian immigration process will qualify for this fee exemption. The Department of Homeland Security will also waive permanent residency application fees for Afghans who are applying for Special Immigrant Visas as a result of their service with the U.S. military. Since August approximately 70,000 Afghans have been relocated to the U.S. following the Taliban takeover of Afghanistan. For many Afghans who have been recently evacuated, these filing fee requirements are a significant and even prohibitive cost. The Biden Administration’s waiver of these filing fees will enable a greater number of deserving and eligible applicants to apply for authorization to work and become permanent residents of the United States.
USCIS Settlement Agreement Re: Work Authorization for L-2 Spouses and H-4 Spouses who are Eligible for Work Authorization
On November 10, 2021, USCIS entered into a Settlement Agreement pursuant to a lawsuit (Shergill, et al. v. Mayorkas) that had been filed seeking relief for L-2 spouses and EAD eligible H-4 spouses suffering from long EAD adjudication delays. Below is a brief summary of the settlement:
L-2 Nonimmigrants (Spouses of L Nonimmigrants)
By March 10, 2022, USCIS will issue policy guidance stating that L-2 spouses are employment authorized incident to status. Thus, L-2 spouses will no longer need to apply and be approved for work authorization to legally work in the U.S. In the interim, USCIS will automatically extend work authorization for up to 180 days for L-2 spouses who have timely filed L-2/EAD extension applications.
H-4 Nonimmigrants with Employment Authorization Documents (EADs)
Qualifying H-4 dependent spouses who a) properly file an application to renew their H-4 based EAD before it expires; b) have an unexpired Form I-94 showing their status as an H-4 nonimmigrant; and c) will continue to have H-4 status beyond the expiration date of their EAD will now benefit from the EAD Automatic Renewal provisions. USCIS will interpret 8 CFR § 274a.13(d) such that these H-4 nonimmigrants who timely file their I-765 EAD renewal applications and continue to have H-4 status beyond the expiration date of their EAD qualify for the 180 day automatic extension of their (c)(26)-based employment authorization and EADs.
Class Action Lawsuit Filed Against USCIS Over Unprecedented Processing Delays
On November 10, 2021, forty-nine individual and organizational plaintiffs represented by the American Immigration Lawyers Association (AILA), Farshad Owji of Wolfsdorf Rosenthal LLP, Aaron Hall of Joseph and Hall PC, Charles Kuck of Kuck Baxter Immigration LLC, and Greg Siskind of Siskind Susser PC, filed a class action lawsuit against the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS), in the U.S. District Court in Washington, DC. The litigation seeks to hold the Biden administration to account for the extreme processing delays on applications for employment authorization documents for noncitizens who are seeking Adjustment of Status (AOS) and E-2 nonimmigrant spouses.
Updated Vaccine Requirements for International Travelers
On October 25, 2021, the White House released additional details regarding the COVID-19 vaccine requirements for international travelers.
U.S. Citizen & Lawful Permanent Resident Travelers
| Vaccinated | Must provide evidence of vaccination status & a negative COVID test within 3 days of travel |
| Unvaccinated | Must provide a negative COIVD test within 24 hours of travel |
Non-immigrant Travelers
| Vaccinated | Must provide evidence of vaccination status & a negative COVID test within 3 days of travel |
| Unvaccinated | Must provide a negative COIVD test within 24 hours of travel & qualify for a vaccine exception listed below |
Children
| Under 18 | Exempt from vaccine requirement but must provide negative COVID test (ages 2-17) |
| If traveling with a vaccinated adult | Must provide a negative COVID test within 3 days of travel |
| If traveling with unvaccinated adult | Must provide a negative COVID test within 24 hours of travel |
Vaccine Exceptions:
- Children under 18
- COVID-19 clinical trial participants
- Those travel for emergency or humanitarian reasons (with a US government-issued letter affirming the urgent need to travel)
- Those traveling on non-tourist visas from countries with low-vaccine availability (as determined by the CDC)