US Citizenship and Immigration Services

By: Dawn Lurie, Matthew Parker, and Amber Olson

On July 22, 2022, U.S. Citizenship and Immigration Services (USCIS) issued a reminder regarding the Department of Homeland Security’s (DHS) termination of the COVID-19 temporary policy allowing employers to accept expired List B documents for the Form I-9. As of May 1, 2022, employers must only

By: Dawn LurieLeon RodriguezAngelo Paparelli, and Zachary Blas Perez

Seyfarth Synopsis: U.S. Citizenship and Immigration Services (USCIS) has announced an important policy change that will benefit noncitizens holding Temporary Protected Status (TPS). The new policy permits USCIS to issue a new TPS travel authorization document, amending the previous mechanism required for TPS to receive foreign travel permission.  This policy change is significant because  noncitizens who enter on this new TPS travel authorization will now be considered as “inspected and admitted,” and accordingly may qualify for adjustment of status to lawful permanent resident (green card) status with an underlying employment-based or family-based immigrant visa petition.

On July 1, 2022, U.S. Citizenship and Immigration Services (USCIS) issued a Policy Memorandum: Rescission of Matter of Z-R-Z-C– as an Adopted Decision; agency interpretation of authorized travel by TPS beneficiaries, announcing a new pathway for persons granted Temporary Protected Status (TPS) to travel outside the United States and be readmitted in a legal status that would allow them, in certain circumstances, to qualify for lawful permanent residency.

This memorandum, written in close consultation with the Department of Homeland Security’s Office of General Counsel (DHS OGC), is an attempt to better harmonize and administer decades of TPS protocols that have been at times inconsistent or infeasible for TPS holders as well as their dependents and other family members.  Just last year, the Supreme Court held, in Sanchez v. Mayorkas, that while a grant of TPS could not be considered an admission, it still constituted a “kind of lawful status” which USCIS has interpreted to make the shortcomings of Matter of Z-R-Z-C- warrant a rescission. (Sanchez v. Mayorkas, 141 S. Ct. 1809 (2021)).

Created by Congress in 1990, TPS is available to eligible noncitizens present in the United States who are nationals of a foreign country that has been designated for temporary protection by the Secretary of Homeland Security.[1]  These countries currently include Afghanistan, Burma (Myanmar), Cameroon, El Salvador, Haiti, Honduras, Nepal, Nicaragua, Syria, Somalia, Sudan, South Sudan, Ukraine, Venezuela, and Yemen. All designations of countries for TPS are discretionary, and before any such designation can occur, the DHS Secretary must make a formal finding that conditions in the particular country meet one or more alternative statutory criteria, namely, the presence of ongoing armed conflicts, environmental disasters, or “extraordinary and temporary conditions.”[2]

In general, a noncitizen physically present in the United States who meets the TPS statutory criteria may be granted temporary protection regardless of one’s underlying immigration status and regardless of the lawful or unlawful manner of entry into the country.[3] Broadly, TPS provides protection from removal by DHS, carries with it the inherent right of work authorization incident to TPS status, and allows for the submission to USCIS of an application for advance permission to travel abroad and be readmitted to the US. The USCIS July 1 Policy Memorandum (discussed below) addresses the new process envisioned by the agency for granting pre-departure consent to travel abroad and be readmitted, and explains potential eligibility to qualify for adjustment of status.

Continue Reading Opening the Door to Adjustment of Status with New TPS Travel Authorization Policy

Tuesday, June 28, 2022

2:00 p.m. to 3:00 p.m. Eastern
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Please join Seyfarth’s Immigration Compliance and Enforcement Team as they launch a four-part series focused on critical challenges faced by employers in the current era of more

By: Dawn Lurie and Matthew Parker*

Seyfarth Synopsis: On May 3, 2022, U.S. Citizenship and Immigration Services (USCIS) announced an increase to the automatic extension period for certain Employment Authorization Documents (EADs) from 180 days to 540 days. This Temporary Final Rule (TFR) was published on May 4, 2022, will go into effect immediately, and

By: Dawn M. Lurie and Zachary Blas Perez 

Seyfarth Synopsis: USCIS issued long-awaited guidance on how employers should treat certain E and L spouses’ work authorization based on their status when completing the Form I-9. USCIS also confirmed that it will mail updated notices to E and L spouses, who previously received an I-797

By: Dawn M. Lurie and Zachary Perez

In response to continued lengthy processing delays, the United States Citizenship and Immigration Services (USCIS) posted guidance in early September offering an extension to the time certain processing receipts (Form I-797) may be used as evidence of lawful status, for conditional permanent residents that have pending applications. Conditional

By: Dawn M. Lurie

On June 9, 2021 U.S. Citizenship and Immigration Services (USCIS) advised the public about its recent updates to the USCIS Policy Manual. Specifically, the USCIS updates:

  • Clarify the criteria and circumstances for expedited processing
    • The guidance discusses emergencies, restores benefits to non-profits, and discusses the relationship between ICE and USCIS when

On February 17, 2021, U.S. Citizenship and Immigration Services (“USCIS”) announced that it will dispose of any E-Verify records older than 10 years on May 14, 2021.  On May 19, the E-Verify Records Disposal Date was extended to June 4, 2021. This notice provides a reminder to employers that participation in E-Verify requires ongoing maintenance;

By Angelo A. Paparelli and Stephen Yale-Loehr

As a new administration takes office on January 20, and the tantalizing prospect of enlightened immigration reforms looms on the horizon, an intriguing question has surfaced on Twitter:

“Is there a progressive version of Stephen Miller? Someone who has (1) put in the time to understand how the immigration system works in great detail, (2) relentlessly committed to changing the system, and (3) is actually politically effective?” Austin Kocher, PhD

As grizzled and tireless proponents of a just immigration system, we humbly nominate ourselves for (1) and (2), and for (3) propose the American Immigration Lawyers Association (AILA). To be sure, our audacity notwithstanding, others are more worthy. Many experts have suggested ways to restore America’s historic stature as a welcoming nation of immigrants.
Continue Reading Big-Picture, Clean-Slate Immigration Reforms for the Biden-Harris Administration

On August 25, the United States Citizenship and Immigration Service (“USCIS”) Deputy Director for Policy, Joseph Edlow, confirmed the agency no longer intends to furlough 13,000 employees at the end of the month. The message, circulating on social media and now posted on the USCIS website notes that while the doors of the agency will remain open through the end of FY 2020, there will be “aggressive spending” reductions impacting services across the board. USCIS is largely funded by filing fees, which support the agency’s operations, but USCIS claims the fees are not sufficient and accordingly announced a fee increase to take effect later this year.

Deputy Director Edlow warns that there will be operational impacts as a result of foregoing the planned furlough, that may include increased processing times for pending case queries, longer case processing times, and increased adjudication times for adjusting status and naturalizing. The message also notes that there is no guarantee that future furloughs can be avoided, leading him to call on Congress to take long-term action.
Continue Reading USCIS Furlough Averted, but Crisis Still Looms