USCIS announced yesterday that beginning on October 1, 2024 biometrics fees will be waived for all applicants who file Form I-539. This form is used to petition USCIS to extend or change nonimmigrant status in the United States. Applicants do not need to pay the $85 biometrics fee if their application is postmarked Oct. 1 or later. However, certain applicants who file Form I-539 before Oct. 1 will need to include this $85 fee. These applicants will still be scheduled for an ASC appointment and should still attend this appointment. Please reach out to your CYA attorney for any questions about this welcome development.
USCIS Announces EADs will be valid for Five Years for Certain Non-Citizens
Starting on October 1, 2023, employment authorization documents (EADs), both initial and renewals, will be issued for a validity period of 5 years for certain non-citizens. Those who are eligible for the 5-year period of work authorization include adjustment of status applicants, those who have pending asylum applications, refugees and asylees, as well as those applying for cancellation of removal in removal proceedings.
Biden Administration Announces Extension and Expansion of Temporary Protected Status for Venezuelans
On September 21, 2023, the Biden Administration announced an 18-month extension and expansion of Temporary Protected Status (TPS) for Venezuelans who came to the U.S. prior to July 31, 2023, due to unsafe conditions in Venezuela. Temporary Protected Status provides temporary legal status in the U.S. and work authorization for those who meet certain criteria. The administration will be publishing an official announcement in the Federal Register with further details.
DACA Struck Down by Texas Judge for the 2nd Time
In yet another twist in the ongoing saga of the Deferred Action for Childhood Arrivals (DACA) program, a federal judge in Texas has ruled that the Biden administration’s efforts to codify DACA into federal regulation are unlawful. Judge Andrew Hanen of the U.S. District Court for the Southern District of Texas made this ruling in response to a lawsuit filed by Republican-led states, echoing his similar decision in 2021 when he declared the original DACA memo established by the Obama administration illegal. However, what sets this ruling apart is that, despite finding the Biden administration’s DACA regulation unlawful, Judge Hanen did not order the immediate termination of the program.
In his latest ruling, Judge Hanen found no “material differences” between the original 2012 DACA policy and the Biden administration’s 2022 effort to transform it into a federal regulation. While he kept DACA closed to new applicants, he allowed current beneficiaries to renew their enrollment, expressing sympathy for their situation. However, he also emphasized that the fate of DACA recipients should ultimately be determined by Congress, not the courts or the executive branch.
The Biden administration is expected to appeal this decision, and the case is likely to eventually reach the Supreme Court. The 5th Circuit Court of Appeals, responsible for reviewing appeals of Judge Hanen’s rulings, also declared DACA illegal last year, further complicating the situation.
DACA has been at the heart of the nation’s contentious immigration debate since its inception 11 years ago. While Congress has considered several bipartisan proposals to provide permanent legal status to DACA recipients and other undocumented immigrants brought to the country as children, these efforts have often become entangled in broader, partisan debates over immigration policy, including issues related to the southern border.
Homeland Security Secretary, Alejandro Mayorkas, disputed Judge Hanen’s ruling, emphasizing that it undermines the security and stability of more than half a million Dreamers who have contributed to their communities. The White House, represented by press secretary Karine Jean-Pierre, pledged to continue defending DACA from legal challenges and called on Congress to provide permanent protection for Dreamers.
For now, current DACA recipients can continue renewing their status, but USCIS will not process new applications. While this offers temporary relief to DACA recipients, it underscores the urgent need for comprehensive immigration reform to provide a more permanent solution for these young immigrants who have spent years in limbo. The coming legal battles and political discussions will undoubtedly shape the fate of DACA and the Dreamers who depend on it.
USCIS Issues Form I-9 and E-Verify Guidance Related to the 2023 Hawaii Wildfires
Given the scope and destruction of the recent wildfires on Maui, U.S. Citizenship and Immigration Services issued a fact sheet on the 2023 Hawaii wildfires and its impact on I-9 and E-Verify. The fact sheet contains information on completing Form I-9 or reverifying when an employee’s documents are lost, stolen, or damaged, as well as how to recreate destroyed Form I-9 records. For example, new employees whose documentation was lost, stolen or damaged may present a receipt showing they have applied for a replacement document.
For more information on I-9 or E-Verify compliance, schedule a consultation with a CYA attorney today.