Immigration law and status are dynamic and constantly changing. In an ongoing commitment to providing updated information to those who need it, here are the immigration updates from the DHS and USCIS as of March 2022. Those who are affected by these changes should contact an experienced immigration attorney as soon as possible. The below information should not be considered legal advice or consultation.

Recent Immigration Updates form DHS & USCIS

Ukraine Designated for Temporary Protected Status: On March 3, 2022, the Department of Homeland Security (DHS) designated Ukraine for Temporary Protected Status (TPS). This designation will last for 18 months. An estimated 1.3 million Ukrainians have left their country since late February. More than half fled to Poland, with others in Hungary, Moldova, Romania, and Slovakia. It is not yet determined whether the United States will be taking in new Ukrainian refugees or offering asylum.
The United States Citizenship and Immigration Services (USCIS) issued an alert on March 4 offering case-by-case immigration assistance to those affected by “special situations,” including the invasion of Ukraine. Those eligible for TPS under this designation must have continuously resided in the United States since March 1, 2022, and an estimated 75,000 Ukrainians are considered eligible.

Special situations include:

Changing a nonimmigrant status/ extending a nonimmigrant stay for an individual currently in the United States.
Reparole of individuals previously granted parole by USCIS and expedited processing of advance parole requests
Expedited adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship
Expedited adjudication of petitions or applications, including employment authorization applications
Potential fee waiver requests
Flexibility in appearing for a scheduled interview or biometric services appointment with USCIS
Expedited replacement of lost or damaged immigration or travel documents issued by USCIS (Permanent Resident/ Green Card, Employment Authorization Document, or Form I-94, Arrival/Departure Record

State Dept. Announces Processing Posts for Visa Applicants From Ukraine
On March 1, 2022, the Department of State (DOS) announced that the U.S. Mission to Ukraine is not providing visa services. Except for adoption, Ukrainian immigrant visas (IVs) will be processed at Consulate General Frankfurt. The U.S. Embassy in Warsaw will continue to process Ukrainian adoption cases and diplomatic visas.

State Dept. Releases Info and Tips for U.S. Citizens in Ukraine
On March 4, the Department of State (DOS) announced an online form for U.S. residents in Ukraine that will allow DOS to communicate with U.S. citizens, provide telephone numbers for immediate assistance, advice and tips. Citizens looking to leave Ukraine can call 1-606-260-4379 for immediate assistance. DOS asks U.S. citizens to enroll in its Smart Traveler Enrollment Program (STEP).

Sudan, South Sudan Immigration Changes
The DHS has designated Sudan (and extended South Sudan status) for Temporary Protected Status due to political instability, unrest, and armed conflict in South Sudan. This conflict has displaced millions, encouraging the Department of Homeland Security (DHS) to extend Temporary Protected Status (TPS) for 18 months. Individuals newly eligible for TPS under the Sudan designation must have continuously resided in the United States since March 1, 2022.

The extension and redesignation will be effective May 3, 2022, through November 3, 2023. TPS applicants are required to meet all eligibility requirements and pass security and background checks.

DHS Suspends Some Regulatory Requirements for F-1 Nonimmigrant Students From South Sudan

The Department of Homeland Security (DHS) announced that it is suspending certain regulatory requirements for F-1 nonimmigrant students whose country of citizenship is the Republic of South Sudan, regardless of country of birth (or individuals having no nationality who last habitually resided in South Sudan), and who are experiencing severe economic hardship as a direct result of the humanitarian crisis in South Sudan. The notice is effective March 3, 2022, through November 3, 2023.

The U.S. Immigration and Customs Enforcement (ICE) announced that an eligible F-1 nonimmigrant student might request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain F-1 status.

FY 2022 H-1B Cap Reached

U.S. Citizenship and Immigration Services (USCIS) announced on February 28, 2022, that it had reached the 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2022. USCIS reported completion of non-selection notices to registrants’ online accounts. The agency will continue to accept and process petitions that:

are filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap number
extend the amount of time a current H-1B worker is allowed to stay in the United States
change the terms of employment for current H-1B workers
permit current H-1B workers to change employers
permit current H-1B workers to work concurrently in additional H-1B positions

USCIS Clarifies I-9 Guidance for Native American Tribal Documents, Others

USCIS recently clarified Form I‑9 guidance related to Native American Tribal documents. The agency noted that because federal recognition of Tribes and communities can evolve over time, employers should check the Bureau of Indian Affairs (BIA) website to determine if the Tribe or community that issued the membership document is federally recognized.

The agency also published new guidance regarding victims of human trafficking and other crimes) in the revised handbook.

If you have questions regarding your immigration status or need help understanding these changes, call the experienced immigration attorneys at Probinsky & Cole. We serve the Sarasota, Tampa, and Orlando areas.