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One of the themes of this year’s USCIS Ombudsman Annual Report is that the agency has been through “a year like no other.” USCIS faced “unprecedented challenges.” With the COVID-19 pandemic came temporary office closures, reduced capacity, and budget cuts. This led to previously unseen levels of backlogs and deepening financial problems, according to the…

The Department of Homeland Security (DHS) announced that, because of new dire circumstances, TPS for Haiti will be designated for 18 months effective August 3, 2021, through February 3, 2023.

The designation is a response to the “[d]eteriorating political crisis, violence, and a staggering increase in human rights abuses,” as well as a deteriorating healthcare…

Secretary of Homeland Security Alejandro N. Mayorkas announced an 18-month extension and re-designation of Somalia for Temporary Protected Status (TPS) through March 17, 2023.

The Secretary stated, “Three decades of conflict in Somalia, along with natural disasters and disease outbreaks, have worsened an already severe humanitarian crisis.” Somalia has been dealing with violence, drought,…

The Deferred Action for Childhood Arrival program (DACA) is not legal, U.S. District Court Judge Andrew Hanen has ruled in State of Texas et al. v. U.S. et al.

Judge Hanen issued an injunction preventing the Department of Homeland Security (DHS) from accepting new DACA applications. However, recognizing the substantial reliance interests involved, he allowed…

Yemeni Temporary Protected Status (TPS) will be extended for 18 months, until March 3, 2023, according to an announcement from Secretary of Homeland Security Alejandro N. Mayorkas.

The Secretary decided to extend and re-designate Yemen for TPS because, due to “ongoing armed conflict,” the country “continues to experience worsening humanitarian and economic conditions,” including…

In Washington federal court, H-4 and L-2 spouses are continuing their fight to end the delays in approving visa extensions and work authorization – some of which are taking over a year to adjudicate. The plaintiffs in Edakunni v. Mayorkas are asking the court to decide whether this constitutes an unreasonable delay.

The plaintiffs contend…

Secretary of the Department of Homeland Security Alejandro N. Mayorkas has announced several new USCIS policies meant to improve the legal immigration system, eliminate barriers, and reduce burdens on applicants.

He issued the following new policies:

  1. Expedite Criteria

USCIS generally does not consider expedite requests for petitions and applications where Premium Processing Service is…

Although the Biden Administration has taken steps to maintain H-4 EADs for spouses of highly skilled H-1B workers, the program is still in jeopardy. Now, the Biden Administration is representing the Department of Homeland Security (DHS) in defending the H-4 EAD rule.

In 2014, the Obama Administration published the H-4 EAD rule, giving certain H-4…

The Department of Homeland Security has announced that it will be extending Haitian Temporary Protected Status (TPS) for 18 months, until November 2022. It also has officially set out the application procedures for Burmese TPS, which the Secretary of DHS announced in March 2021, but had not yet issued implementing instructions.

Based on pending litigation,…

USCIS expects to suspend biometrics requirements for H-4, L-2 and E-1, E-2, and E-3 Form I-539 applications beginning May 17, 2021, for at least 24 months. It will retain the discretion to require biometrics on a case-by-case basis.

The suspension is intended to eliminate the adjudication backlog that has prevented H-4 and L-2 spouses from…