March 2022 Newsletter

by | Mar 25, 2022 | News

All in-person reporting to Miramar resumes March 28, 2022
The Assistant Field Office Director for ERO, Joel Mikelson has just confirmed that all in-person reporting will resume on March 28, 2022.

USCIS Updates Guidance on Employment Authorization for E and L Nonimmigrant Spouses
USCIS issued a policy announcement to clarify that we will consider E and L spouses to be employment authorized based on their valid E or L nonimmigrant status. Since the November 2021 announcement, DHS added new Class of Admission (COA) codes to distinguish between E and L spouses and children. As of Jan. 30, 2022, USCIS and CBP began issuing Forms I-94 with the following new COA codes for certain E and L spouses: E-1S, E-2S, E-3S, and L-2S. An unexpired Form I-94 reflecting one of these new codes is acceptable as evidence of employment authorization for spouses under List C of Form I-9.

DHS Notice Rescinding 2019 Expedited Removal Notice
On March 21, 2022, DHS announced that it is rescinding a Trump administration rule that significantly expanded a sped-up process for deporting people without a hearing in immigration court. The agency said the “expedited removal” process is best focused on people who recently entered the United States and remain near the border, rather than those targeted by Trump’s sweeping 2019 expansion, who have been in the country longer and developed ties to their communities.

USCIS Announces Adjustment of Status Filing Dates for April 2022
USCIS determined that for April 2022, all family-sponsored preference categories and all employment-based preference categories must use the Dates for Filing charts in the April 2022 Visa Bulletin. Additionally, USCIS urges noncitizens who have an approved immigrant visa petition in the EB-2 category chargeable to India and a priority date earlier than September 1, 2014, to consider applying for adjustment of status in April. USCIS continues to encourage eligible applicants to consider requesting to transfer the underlying basis of their pending adjustment application in the EB-3 category to the EB-1 or EB-2 category if they meet certain criteria.

DHS Designates Afghanistan for TPS for 18 Months
On March 16, 2022, Secretary of Homeland Security Mayorkas announced the designation of Afghanistan for Temporary Protected Status (TPS) for 18 months. Secretary Mayorkas is designating Afghanistan for TPS on the statutory bases of ongoing armed conflict and extraordinary and temporary conditions that prevent the country’s nationals from returning in safety. Only individuals who are already residing in the United States as of March 15, 2022, will be eligible for TPS. The designation will take effect upon publication of a forthcoming Federal Register notice, which will also include instructions for applying.

CBP General Notice Regarding Electronic Form I-94s at Land Ports of Entry
On March 18, 2022, CBP issued a general notice that it is now issuing electronic rather than paper I-94s at land ports of entry except in limited circumstances. As of May 26, 2021, CBP officers no longer issue most eligible nonimmigrants a paper version of the I-94 at the time of admission or parole.