Premium Processing for Applicants Changing to F, M, and J Visas
On June 12, 2023, USCIS expanded premium processing for applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status, and seeking a change of statue to F-1, F-2, M-1, M-2, J-1, or J-2 nonimmigrant status. Online filing of Form I-907, Request for Premium Processing Service, will also be available for these applicants. This expansion to the premium processing service is only available for change of status requests.
As of June 13, USCIS has started accepting Form I-907 requests, filed via paper form or online, for applicants who have a pending Form I-539 only. On June 26, USCIS will begin accepting Form I-907 requests, filed via paper form or online, for applicants filing the Form I-907 together with the Form I-539.
The expansion of premium processing is part of USCIS’ efforts to increase efficiency and reduce burdens on the immigration system. USCIS is expanding premium processing in a phased approach to ensure compliance with the Emergency Stopgap USCIS Stabilization Act, which prohibits the expansion of premium processing if it will increase processing times for the immigration benefit requests.
Afghan Parolees are Employment Authorized
On June 8, 2023, USCIS announced that certain additional Afghan parolees are employment authorized incident to parole. This updated guidance applies to Afghan parolees whose unexpired Form I-94, Arrival/Departure Record, contains a class of admission of “PAR” and indicates Afghanistan as the country of citizenship on the document, if their parole has not been terminated. These parolees are also exempt from fees to apply for an initial Employment Authorization Document (EAD) or to replace an initial EAD.
This guidance adds to the November 12, 2022, USCIS announcement that provided certain Afghan parolees, whose unexpired Form I-94 contains a class admission of “OAR” and indicates Afghanistan as the country of citizenship, with employment authorization incident to parole. Afghan parolees have already been exempted from the fee for an initial paper-filed form I-765 and for replacement EADs through September 30, 2023.
For these parolees, their unexpired Form I-94 is an acceptable receipt that they may present to their employer to show their identity and employment authorization for the purposes of Form I-9, Employment Eligibility Verification. This satisfied the requirement for up to 90 days from the date of hire. After 90 days or when the I-94 expires, parolees must present an unexpired EAD, or an unrestricted Social Security card and a state issued driver license or ID card. USCIS will provide additional guidance for employers to complete Form I-9.
Additional Guidance on Compelling Circumstances that may Warrant Issuance of EADs
USCIS has issued a policy alert and has updated its policy manual to provide additional guidance on compelling circumstances that may warrant the issuance of compelling-circumstances-based EADs.
USCIS may, in its discretion, issue EADs to certain I-140 beneficiaries who, at the time of filing Form I-765:
- Hold E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant status;
- Have an I-140 priority date that is not current according to the visa bulletin; and
- Can demonstrate compelling circumstances that justify the issuance of employment authorization.
An individual with a valid compelling circumstances-based EAD is considered by USCIS to be in a period of authorized stay, and therefore will not accrue unlawful presence.
USCIS provides a non-exhaustive list of situations that could lead to a finding that compelling circumstances exist, including:
- Serious illness and disability,
- Employer dispute or retaliation,
- Other substantial harm to the applicant, or
- Significant disruption to the employer.
USCIS also provides guidance on evidence an applicant could submit to demonstrate compelling circumstances such as:
- School or higher education enrollment records,
- Mortgage records, or
- Longer-term lease records
Compelling-circumstances-based EADs will be granted for a validity period of up to 1 year, with the possibility of subsequent renewals.
Rescission of Prior TPS Terminations and Extension of TPS
On June 13, 2023, the Department of Homeland Security (DHS) announced plans to rescind its prior terminations of Temporary Protected Status for El Salvador, Honduras, Nepal, and Nicaragua. DHS is also extending TPS designations for all 4 countries for 18 months. DHS will publish Federal Register notices (FRNs) for the El Salvador, Honduras, Nepal, and Nicaragua TPS recissions and extensions and provide additional information on the re-registration process soon.
Existing El Salvador, Honduras, Nepal, and Nicaragua TPS beneficiaries who wish to extend their status must re-register during the 60-day re-registration periods that will be detailed in the FRNs. The FRNs will automatically extend the validity of EADs, Form I-94s, and Form I-797s. USCIS plans on coordinating outreach opportunities to provide information and answer questions regarding the extension of TPS for all 4 countries.
El Salvador:
- TPS extended from September 10, 2023, through March 9, 2025.
- Allows approximately 239,000 current beneficiaries to re-register to retain TPS under the extension.
- Only applies to beneficiaries under El Salvador’s existing designation or Salvadoran nationals who have continuously resided in the U.S. since February 13, 2001, and have been continuously physically present since March 9, 2001.
Honduras:
- TPS extended from January 6, 2024, through July 5, 2025.
- Allows approximately 79,000 current beneficiaries to re-register to retain TPS under the extension.
- Only applies to beneficiaries under Honduras’ existing designation or Honduran nationals who have continuously resided in the U.S. since December 30, 1998, and have been continuously physically present since January 5, 1999.
Nepal:
- TPS extended from December 25, 2023, through June 24, 2025.
- Allows approximately 14,500 current beneficiaries to re-register to retain TPS under the extension.
- Only applies to beneficiaries under Nepal’s existing designation or Nepali nationals who have continuously resided in the U.S. since June 24, 2015, and have been continuously physically present since June 24, 2015.
Nicaragua:
- TPS extended from January 6, 2024, through July 5, 2025.
- Allows approximately 4,000 current beneficiaries to re-register to retain TPS under the extension.
- Only applies to beneficiaries under Nicaragua’s existing designation or Nicaraguan nationals who have continuously resided in the U.S. since December 30, 1998, and have been continuously physically present since January 5, 1999.
Visa Bulletin Update – July 2023
For all employment-based preference categories, you must use the Final Action chart in the Department of State Visa Bulletin for July 2023.
Chart A. Final Action Dates
