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Guidance on Late Initial Registration for TPS Applicants

admin — Sat, 22 May 2010 07:58:08 +0000

This fact sheet focuses on the requirements for filing a late initial registration application for Temporary Protected Status (TPS).

Background
The Department of Homeland Security (DHS) extended TPS for 18 months, through Jan. 5, 2012, to eligible nationals of Honduras and Nicaragua (and people having no nationality who last habitually resided in these countries). This extension does not apply to Hondurans and Nicaraguans who entered the United States after Dec. 30, 1998.

The re-registration period for Hondurans and Nicaraguans who already have TPS started on May 5, 2010 and will end on July 6, 2010. Further details on this extension of TPS for Honduras and Nicaragua appear in the Federal Register notices published on May 5, which announced the extension of these two designations. In addition, certain nationals of Honduras and Nicaragua who have not previously applied for TPS may be able to register under the late initial registration provisions.

Questions & Answers

Q1. Can a Nicaraguan or Honduran who was in the United States as of Dec. 30, 1998, but did not register for TPS during the initial designation of Nicaragua and Honduras in 1999, register for TPS now?
A1. Yes, late initial registration is available in limited circumstances if you:

are a national of Honduras or Nicaragua, or an alien without nationality who last habitually resided in Honduras or Nicaragua; AND
have continuously resided in the United States since Dec. 30, 1998; AND
have been continuously physically present in the United States since Jan. 5, 1999; AND
satisfactorily complete the routine background checks required of all applicants; AND
meet certain other admissibility and eligibility criteria as specified in section 244(c) of the INA, 8 USC 1254a(c), and regulations at 8 CFR 244.1-244.9; AND
Meet the qualifying conditions listed below for late initial TPS registration.

Q2. What requirements or qualifying conditions do I need to meet to qualify for late initial registration?
A2. To qualify for a late initial TPS registration application, you must also demonstrate that at the time of the initial registration period of the TPS designation for Nicaragua or Honduras (Jan. 5, 1999 through Aug. 20, 1999), you:

were in a valid nonimmigrant status, or had been granted voluntary departure, or any relief from removal; OR
had a pending application for:

o Change of status;
o Adjustment of status;
o Asylum; OR

had voluntary departure; OR
had any relief from removal pending or subject to further review or appeal; OR
were a parolee or had a pending request for re-parole; OR
were the spouse or child of an alien currently eligible to be a TPS registrant. (see 8 CFR 244.2(f)(2).

If you are applying for TPS for the first time under the late initial registration provisions, you must register while one of the above qualifying conditions still exists, or no later than 60 days after the expiration or termination of the qualifying condition. The qualifying condition you seek to use for eligibility under late initial filing must have existed during the initial TPS registration period for Nicaragua or the initial TPS registration period for Honduras TPS (January 5, 1999 through August 20, 1999).

Q3. If I didn’t have a qualifying condition during the initial TPS registration period, but had it during the last re-registration (extension), am I eligible to submit a late initial filing for TPS now?
A3. No. One of the qualifying conditions must have applied to you during the initial 1999 TPS registration periods for Honduras and Nicaragua.

Q4. If I am currently the spouse or child of someone granted TPS, but I did not apply for TPS during the initial registration period, can I submit a late initial filing now?
A4. The family relationship must also have existed during the 1999 initial registration period. You must also meet all the basic TPS eligibility requirements.

Q5. How do I learn more about TPS?
A5. Please contact the USCIS National Customer Service Center at 1-800-375-5283 or 1-800-767-1833 (TTY). You may also visit the USCIS’ Web site’s TPS page by clicking here. To learn more about USCIS’ programs, visit www.uscis.gov.

USCIS To Issue Redesigned Green Card – Questions and Answers

admin — Sat, 22 May 2010 07:46:10 +0000

U.S. Citizenship and Immigration Services (USCIS) announced today that it has redesigned the Permanent Resident Card—commonly known as the “Green Card”—to incorporate several major new security features. Beginning today, USCIS will issue all Green Cards in the new, more secure format.

Questions and Answers

Q. What is a Permanent Resident Card, or “Green Card”?
A. A Green Card is proof of authorization to live and work in the United States on a permanent basis. It also is evidence of registration in accordance with U.S. immigration laws. Newly issued Green Cards are valid for ten years for lawful permanent residents and two years for conditional residents. The permanent resident must renew his or her card each time it expires.

Q. Why did USCIS redesign the Green Card?
A. The Green Card redesign is the latest advance in USCIS’s ongoing efforts to deter immigration fraud. State-of-the-art technology prevents counterfeiting, obstructs tampering, and facilitates quick and accurate authentication of the card. The enhanced features will better serve law enforcement, employers, and immigrants, all of whom look to the Green Card as definitive proof of authorization to live and work in the United States.

Q. What major improvements has USCIS included in the redesigned Green Card?
A. Secure optical media store biometrics for rapid and reliable identification of the card holder. Holographic images, laser engraved fingerprints, and high resolution micro-images make the card nearly impossible to reproduce. Tighter integration of the card design with personalized elements makes it difficult to alter the card if stolen. Radio Frequency Identification (RFID) capability allows Customs and Border Protection officers at ports of entry to read the card from a distance and compare it immediately to file data. Finally, a preprinted return address enables the quick and easy return of a lost card to USCIS.

Q. Is the Permanent Resident Card actually green, as its nickname suggests?
A. After the redesign, the card is now colored green.

Q. Who will receive the redesigned Green Card?
A. Beginning May 11, 2010, USCIS will issue all Green Cards in the new, more secure format. Recipients of the redesigned card will include those newly approved for lawful permanent residency, as well as those who have sought a renewal or replacement card.

Q. What happens to existing Green Cards with the old design?
A. Some existing Green Cards bear an expiration date, and those cards will remain valid until they expire. Holders of those cards will receive the redesigned version when seeking a renewal or replacement.

Other existing Green Cards have no expiration date, and those cards remain valid. USCIS recommends that holders of cards without an expiration date apply to replace their cards with the redesigned version.

The current cost of renewing or replacing a Green Card is $370. Additionally, eligible permanent residents may choose to explore becoming a naturalized U.S. citizen. For more information on eligibility for naturalization, go to www.uscis.gov/citizenship.

Q. How does a lawful permanent resident replace a Green Card, if lost or damaged?
A. A lawful permanent resident may seek a replacement card by filing a Form I-90, Application to Replace Permanent Resident Card. The Form I-90 and instructions are available online at http://www.uscis.gov/forms. If outside the United States, a lawful permanent resident should contact the nearest U.S. consulate, USCIS office, or U.S. port of entry before attempting to file a Form I-90.

Your Guide to InfoPass Fact Sheet

admin — Sat, 22 May 2010 07:43:57 +0000

InfoPass is a free service that lets you schedule an appointment with a U.S. Citizenship and Immigration Services (USCIS) Immigration Officer by using the Internet at any time of day or night. If you have an immigration issue that is best handled by a trained USCIS Immigration Officer, InfoPass will let you schedule your appointment instead of requesting it in person at your local USCIS office.

How can InfoPass make your life easier?

It’s free: Scheduling your own appointment costs you nothing
It’s convenient: Make your appointment via the Internet (from your laptop at home, or the computer at your local public library)
It’s easy: Choose one of 12 languages you want to work in:
- Select “Make An Appointment”
- Type in your mailing address ZIP code (so that InfoPass will assign you to the correct office)
- Select the type of appointment you need to solve your problem (always important)
- Provide your name, date of birth, ZIP code and telephone number
- Choose a date and time for your appointment (if you don’t see a convenient time, check back with InfoPass – new appointment choices are made available each working day); and
When the appointment notice appears on your computer screen (showing the time, date and location of your appointment), print it out to show at your InfoPass appointment.

How do you access InfoPass to make an appointment?

To use InfoPass you will need:

A computer with an Internet connection
Internet Explorer or any other similar browser.

What documents should you bring to the appointment?

This section is very important; read it carefully. To resolve your problem or inquiry, you will need to bring documents that identify and explain the problem. Some of the documents you will need include:

Printout of the InfoPass appointment notice confirmation
Government-issued identification. This could be any of the following:
- government-issued photo ID card
- passport
- valid driver’s license
- Employment Authorization Document, or Form I-551, Permanent Resident Card (‘green card”)
- Form I-94, Arrival-Departure Record; note: if your Form I-94 does not have a photo of you attached to it, then a passport or valid driver’s license would have to accompany as an additional form of identification.
All immigration forms, receipt notices, approval or denial letters, translations and original documents that relate to your inquiry.

What if you need to reschedule the appointment?

InfoPass allows you to cancel or reschedule appointments by using the identification numbers at the bottom of your printed out appointment confirmation notice.
To allow us to serve the most customers possible, please cancel your appointment if you cannot make it at the appointed time. There is no penalty for rescheduling or canceling an appointment.
If you lose your appointment notice, you can print a replacement by accessing InfoPass and entering the information requested.

What if I just have a routine inquiry?

For routine matters, such as [insert examples noted below] you do not need to meet with USCIS officers in person. Routine inquiries can be handled easily and quickly by telephone or over the Internet:

Forms – All immigration forms are free and can be downloaded from www.uscis.gov. You may also call our National Customer Service Center (NCSC) at 1-800-375-5283 and request that a form be mailed to you.
Case Status – For the status of a case filed with a USCIS Service Center, go to www.uscis.gov and select “Check My Case Status” under “Customer Tools” on the right side of the home page. Using your Service Center receipt number, enter three letters followed by 10 numbers (no spaces or dashes).
Renew or Replace a Permanent Resident Card – The form you need is Form I-90, Application to Replace Permanent Resident Card. Go to www.uscis.gov and select “Forms” in the top left corner, then scroll down to I-90.
Employment Authorization – To apply or renew employment authorization, you need Form I-765, Application for Employment Authorization. Go to www.uscis.gov and select “Forms” in the top left corner, then scroll down to I-765.

For general information, save yourself a trip – call the NCSC at 1-800-375-5283 from the comfort of your home to see if we can answer your questions first!

Naturalization Process for the Military Fact Sheet

admin — Sat, 22 May 2010 07:38:47 +0000

USCIS recognizes the important sacrifices made by non-citizen members of the United States armed forces and their families, and is committed to processing their naturalization applications in a timely and efficient manner while providing exemplary customer service, maintaining the integrity of the immigration system, and the security of the process. Qualifying military service is generally in the Army, Navy, Air Force, Marine Corps, Coast Guard, and certain components of the National Guard and the Selected Reserve of the Ready Reserve.

Qualifications

While a member of the U.S. armed forces must meet the general requirements and qualifications to become a citizen of the United States, such as good moral character, some of the other requirements are either reduced or completely waived. Specifically, qualifying service members and certain veterans are not required to demonstrate residence or physical presence in the United States, and are not required to pay an application fee or a biometrics fee to apply for naturalization. In addition, service members who serve during specifically designated periods of hostilities may not need to be lawful permanent residents.
The National Defense Authorization Act for Fiscal Year 2004 extended all aspects of the naturalization process, including naturalization applications, interviews, oaths and ceremonies to members of the U.S. armed forces serving abroad. Before Oct. 1, 2004, service members could only naturalize while physically within the United States.
The National Defense Authorization Act for Fiscal Year 2008 added Sections 319(e) and 322(d) to the Immigration and Nationality Act (INA), which allows certain eligible spouses and children of members of the U.S. armed forces to naturalize abroad without traveling to the United States for any part of the naturalization process.

Service in Wartime (INA Section 329)

Members of the military, who serve during specifically designated periods of hostilities, may qualify for naturalization under this provision if they have served honorably in an active duty status for any period of time, and if that service was during a specifically designated period of hostility.
Unlike all other provisions for naturalization, a qualifying service member is not required to be a lawful permanent resident to naturalize under this provision if the service member enlisted, or was inducted within the United States or other qualifying geographical area.
The Expedited Naturalization Executive Order of 2002 provides for expedited naturalization under this provision to qualified aliens and non-citizen nationals serving honorably in an active-duty status in the U.S. armed forces beginning on Sept. 11, 2001 to the present. This section also covers veterans of designated past wars and conflicts.

Service in Peacetime (INA Section 328)

An individual may qualify for naturalization under this provision if he or she:

Served honorably in the military for at least one year
Obtained lawful permanent resident status
Filed an application while still in the service or within six months of separation.

Assistance to the Military Community

Specially trained USCIS customer service specialists provide assistance with naturalization and immigration issues over the military help line, 1-877-CIS-4MIL (1-877-247-4645) and e-mail service, militaryinfo.nsc@dhs.gov, established exclusively for the military and their families.
USCIS also posts information for the military online at http://www.uscis.gov/military.
Specialists across USCIS have been selected to handle military naturalization packets. They consider this a privilege and an honor, and do all that they can to ensure that applications are processed and completed as expeditiously as possible.
In addition, each military installation has a designated point-of-contact to assist service members in preparing and filing their naturalization application packet. This person is usually in the military legal office or in the personnel division.

Application Packet (from a member of the military)

Application for Naturalization, (USCIS Form N-400)
Request for Certification of Military or Naval Service, (USCIS Form N-426)
If applicable, a copy of the USCIS Form I 551, Permanent Resident Card; and
Two passport-style photographs.
NOTE – There is no fee for members of the military applying for naturalization under INA Sections 328 or 329.

Five Fingerprinting Methods Available to Service Members

Have the fingerprints taken at any USCIS Application Support Center (ASC) in the United States without an appointment even if their application is not yet pending with USCIS.
Have the fingerprints taken at select military installations in the United States by USCIS personnel using mobile fingerprinting equipment.
If USCIS has useable fingerprints on file (taken for immigration purposes), USCIS will re-submit these fingerprints to the FBI.
The service member may authorize USCIS to acquire and use the fingerprints taken at the time of enlistment by completing and submitting the Fingerprint Authorization.
Have their fingerprints taken at U.S. military installations overseas or at U.S. Embassies and Consulates using the FD-258 fingerprint card.

Statistics

Since September 2001, USCIS has naturalized more than 58,300 members of the military, in ceremonies across the United States and in the following 19 countries: Afghanistan, Djibouti, China, Cuba, El Salvador, Germany, Greece, Honduras, Iceland, Iraq, Italy, Japan, Kenya, Kosovo, Kuwait, Philippines, South Korea, Spain, and the United Kingdom.
Since August 2002, USCIS has granted posthumous citizenship to 131 members of the military.
Since 2008, USCIS has naturalized 592 military spouses during ceremonies in Bulgaria, China, Germany, Italy, Japan, Kuwait, Panama, South Korea, Spain, Turkey, and the United Kingdom.
Since 2009, USCIS has presented 19 military children with citizenship certificates during ceremonies in Germany, Japan, South Korea and the United Kingdom.

18-Month Extension of Temporary Protected Status for Honduras

admin — Sat, 08 May 2010 06:02:49 +0000

The Department of Homeland Security (DHS) will extend Temporary Protected Status (TPS) for 18 months, through Jan. 5, 2012, to eligible nationals of Honduras and people having no nationality who last habitually resided in Honduras. This extension does not apply to Hondurans who entered the United States after Dec. 30, 1998. Certain nationals of Honduras who have not previously applied for TPS may be able to register under the late initial registration provisions. Further details on this extension of TPS for Honduras appear in the Federal Register Notice that announces this extension.

Questions and Answers

Index

What is Temporary Protected Status (TPS)?
When and why was Honduras designated for TPS?
Why was the TPS designation for Honduras extended through [DATE]?
Do I need to re-register for TPS if I currently have benefits through the designation of Honduras for TPS, and would like to maintain them?
Who is eligible to re-register for TPS for Honduras?
What is the re-registration period for TPS for Honduras?
How do I re-register for the TPS extension?
What is the cost of re-registering for TPS?
What if I cannot afford to pay for filing and or biometric fees?
Can I re-register electronically via the Internet?
What if the Immigration Judge (IJ) or the Board of Immigration Appeals (BIA) granted me TPS?
Do I have to report to an Application Support Center (ASC) to submit biometrics?
What if I am scheduled for an appointment at the ASC but am unable to make my appointment?
How do I reschedule my ASC appointment for biometrics?
What documents should I bring to my ASC appointment?
What if my address changes after I file my application?
Will my current Employment Authorization Document (EAD) that is set to expire on Jul. 5, 2010, be automatically extended for six months?
Will Honduran nationals protected by TPS be permitted to travel to their home countries during the TPS extension?
How do I apply for advance parole?
Can I use TPS as a basis for obtaining permanent resident status?
May I apply for another immigration benefit while registered for TPS?
Is there a place for me to call with further questions or learn more about TPS?

Q1. What is Temporary Protected Status (TPS)?
A1. TPS is a temporary immigration status granted to eligible nationals of a country (or persons without nationality who last habitually resided in that specific country) designated for TPS under the Immigration and Nationality Act (INA). During the period for which the Secretary of Homeland Security (Secretary) designates a country for TPS, TPS beneficiaries are eligible to remain in the United States and may obtain work authorization, so long as they continue to meet the terms and conditions of TPS status.

TPS does not lead to permanent resident status. When the Secretary terminates a country’s TPS designation, beneficiaries return to the same immigration status they maintained before TPS (unless that status has since expired or been terminated) or to any other status they may have obtained while registered for TPS.

Q2. When and why was Honduras designated for TPS?
A2. Honduras was designated for TPS in 1999 based on environmental disaster conditions resulting from Hurricane Mitch, which occurred in late 1998.

Q3. Why was the TPS designation for Honduras extended through Jan. 5, 2012?
A3. During the past year, DHS and the Department of State reviewed conditions in Honduras. Based on this review, the Secretary has determined that an 18-month extension is warranted because the conditions that prompted the initial TPS designation of Honduras in 1999 following the environmental disaster caused by Hurricane Mitch persist and temporarily prevent Honduras from adequately handling the return of its nationals.

Q4. Do I need to re-register for TPS if I currently have benefits through the designation of Honduras for TPS and would like to maintain them?
A4. Yes. If you have already received TPS benefits through the TPS designation of Honduras, your benefits will expire on July 6, 2010. All TPS beneficiaries must comply with the re-registration requirements and submit any required biometrics service fee and Employment Authorization Document (EAD) application fee (if an EAD is desired), or requests for waivers of those fees, to maintain TPS benefits through Jan. 5, 2012. Failure to re-register in a timely manner without good cause will result in the withdrawal of TPS and you may be subject to removal from the United States.

Q5. Who is eligible to re-register for TPS for Honduras?
A5. The extension covers an estimated 66,000 individuals who currently have TPS. To qualify, you must:

1) be a national of Honduras, or an individual without nationality who last habitually resided in Honduras;
2) have continuously resided in the U.S. since Dec. 30, 1998;
3) have been continuously physically present in the U.S. since Jan. 5, 1999;
4) satisfactorily complete a routine background checks required of all applicants; and
5) meet certain other admissibility and eligibility criteria as specified by section 244 of the INA and in 8 C.F.R. §244.1-9.

Q6. What is the re-registration period for TPS for Honduras?
A6. The 60-day re-registration period will start on May 5 and end on July 6, 2010. You must re-register for TPS during the 60-day re-registration period. Failure to re-register during the re-registration period without good cause will result in a withdrawal of TPS benefits. USCIS strongly encourages you to file your applications as early as possible within the re-registration period so that background and security checks and other processing requirements can be completed promptly.

Q7. How do I re-register for the TPS extension?
A7. Hondurans currently registered under TPS who desire an extension must re-register by filing both Form I-821, Application for Temporary Protected Status, and Form I-765, Application for Employment Authorization, with the appropriate fees or fee waiver requests.

These forms are available on the forms section of the USCIS Website: www.uscis.gov/forms or by calling the toll-free USCIS Forms Hotline, (800) 870-3676.

To submit your application, please send it to:

Via U.S. mail:

USCIS
Attn: TPS Honduras
P.O. Box 6943
Chicago, IL 60680-6943

For courier deliveries, please mail your application to:

USCIS
Attn: TPS Honduras
131 S. Dearborn, 3rd Floor
Chicago, IL 60603-5517

If you were granted TPS by an IJ or BIA and you are requesting an EAD or are re-registering for the first time, please mail forms to:

USCIS
Attn: TPS Honduras
P.O. Box 7332
Chicago, IL 60680-7332

Electronically (e-file):

www.uscis.gov or click here

Q8. What is the cost of re-registering for TPS?
A8. There is no fee required to submit Form I-821 if you are re-registering. A biometric services fee of $80 is required if you are 14 years of age or older. You must include the fee of $340 for Form I-765, Application for Employment Authorization if you wish to receive an EAD. If you are not seeking employment authorization, you must still submit Form I-765 without fee. Late initial filers must pay the $50 I-821 application fee.

Q9. What if I cannot afford to pay the application and/or biometric fees?
A9. You may request a waiver of the TPS-related application fee and/or the biometrics fee by submitting a fee waiver request with proper documentation of inability to pay. You must specify exactly which of the fees (e.g., I-821 application fee, if late initial filer; I-765 application fee; and/or the biometrics services fee) that you wish to be waived. Fee waiver requests must be satisfactorily documented with evidence of your inability to pay, in accordance with 8 CFR 244.20 and 8 CFR 103.7(c). For further information on fee waiver requirements, please see the USCIS Fee Waiver Guidance available online. Specific Questions and Answers on filing for fee waivers related to TPS applications are online.

Q10. Can I re-register electronically via the Internet?
A10. If you are re-registering for TPS during the re-registration period and do not need to submit additional documentation, you may electronically file your application. Please visit the TPS page of the USCIS Web site to determine if you need to submit supporting documentation with your application package. If you do need to submit supporting documentation, you are not eligible to file electronically.

For information about filing electronically, visit the USCIS Web site at www.uscis.gov/e-filing. Please review the links on that Web page, including the USCIS E-Filing Reference Guide.

Q11. What if the IJ or BIA granted me TPS?
A11. If an Immigration Judge (IJ) or the Board of Immigration Appeals (BIA) granted you TPS, you must provide proof of the TPS grant (such as a final order from the IJ or final decision from the BIA) when you apply for your first TPS benefit (such as an EAD or travel authorization). You should also submit a copy of the I-821 TPS application that the IJ or the BIA approved. See Question 7 for mailing instructions on how to apply for the TPS extension. Visit the TPS page of the USCIS Web site for further detailed filing and requirements based on the first TPS benefit you are requesting after an IJ or BIA granted you TPS.

Q12. Do I have to report to an Application Support Center (ASC) to submit biometrics?
A12. To increase efficiency and improve customer service, whenever possible, USCIS will reuse previously-captured biometrics and will conduct necessary background checks using those biometrics. Due to systems limitations, it may not be possible in every case to reuse biometrics. USCIS will mail you a notice with instructions if you are required to appear at an ASC for biometrics collection.

Even if you do not need to attend an ASC appointment, you are required to pay the separate biometric services fee or submit an appropriately supported fee waiver request if you are age 14 or older. This fee will help cover the USCIS costs associated with use and maintenance of collected biometrics (such as fingerprints) for background checks, identity verification and document production.

Q13. What if I am scheduled for an appointment at the ASC but am unable to make my appointment?
A13. Failure to appear for an ASC appointment will result in denial of your case due to abandonment unless you submit an address change notification or a rescheduling request prior to your appointment. USCIS must conclude that your request for rescheduling is valid.

Q14. How do I reschedule my ASC appointment for biometrics?
A14. To request rescheduling of an ASC appointment, please make a copy of your appointment notice to retain for your records, then mail the original notice with your rescheduling request to the ASC address listed on the notice. A new appointment notice will be sent to you by U.S. mail. Please note that rescheduling a biometrics appointment may result in a delay before your case is decided.

Q15. What documents should I bring to my ASC appointment?
A15. When you report to an ASC, you must bring the following documents:

identity documentation with a photograph,
your receipt notice for your re-registration application,
your ASC appointment notice, and
your current Employment Authorization Document (EAD) if you have one.

Q16. What if my address changes after I file my application?
A16. If your address changes after you file your application, you must complete and submit Form AR-11, Change of Address, by mail or electronically. The mailing address is:

U.S. Citizenship and Immigration Services
Change of Address
P.O. Box 7134
London, KY 40742-7134

Form AR-11 can also be filed electronically by following the directions on the USCIS Web site at www.uscis.gov. To facilitate processing your address change on your TPS application, you may call the USCIS National Customer Service Center at 1-800-375-5283 (TTY 1-800-767-1833) to request that your address be updated on your application. Please note that calling the USCIS National Customer Service Center does not relieve you of your burden to properly file a Form AR-11 with USCIS.

Q17. Will my current EAD that is set to expire on Jul. 5, 2010, be automatically extended for six months?
A17. Yes. USCIS will issue new EADs to eligible TPS beneficiaries who timely re-register and apply for EADs. However, USCIS will automatically extend the validity of EADs for eligible Honduran TPS beneficiaries for six months, through Jan. 5, 2011. This automatic extension will allow sufficient time for eligible TPS beneficiaries to re-register and receive an EAD without any lapse in employment authorization. The Federal Register Notice explains how TPS beneficiaries and their employers may determine which EADs are automatically extended.

Q18. Will Honduran nationals protected by TPS be permitted to travel to their home countries during the TPS extension?
A18. As a matter of discretion, USCIS may grant you permission to travel abroad. You must apply for and obtain advance parole prior to travel outside the United States in order to prevent losing TPS status and to facilitate your re-entry to the United States.

Q19. How do I apply for advance parole?
A19. You must file Application for Travel Document, Form I-131, with the appropriate fee. The fee cannot be waived. Please follow the filing instructions for Form I-131.

TRAVEL WARNING: If you have been unlawfully present in the United States and then you leave, even on an approved advance parole document, you may become inadmissible for three (3) or ten (10) years, depending on how much unlawful presence you had before you left. In addition, you may become ineligible for certain other benefits in the future that you may seek, such as permanent resident status. If adjudication of your TPS application has not been completed, you may also risk missing important USCIS notices, such as Requests for Additional Evidence, and your application may be denied while you are out of the country. We encourage you to read and understand the travel warning on Form I-131 before you ask for advance parole, regardless of whether you have been granted TPS. Before requesting advance parole for travel, you may also want to seek legal advice if you have been unlawfully present in the U.S. for any period of time.

Q20. Can I use TPS as a basis for obtaining permanent resident status?
A20. No. TPS is a temporary benefit that does not lead to lawful permanent resident status by itself or confer any other immigration status.

Q21. May I apply for another immigration benefit while registered for TPS?
A21. Yes. Registration for TPS does not prevent you from applying for non-immigrant status, filing for adjustment of status based on an immigrant petition, or applying for any other immigration benefit or protection for which you may be eligible. For the purposes of change of status, and adjustment of status, an alien is considered to be in, and maintaining, lawful status as a nonimmigrant during the period in which the alien is granted TPS. However, if an alien has periods of time when he or she had no lawful immigration status before, or after, the alien’s time in TPS, those period(s) of unlawful presence may negatively affect the alien’s ability to adjust to permanent resident status or attain other immigration benefits, depending on the circumstances of the specific case. In some cases, the alien may be eligible for a waiver of the unlawful presence ground of inadmissibility, or certain other grounds, when applying to adjust to permanent resident status or for another immigration status.

Q22. How do I ask for further questions or learn more about TPS?
A22. Please contact the USCIS National Customer Service Center at:

1-800-375-5283 or
1-800-767-1833 (TTY)

You may also the USCIS’ Web site’s TPS page by clicking here. To learn more about USCIS’ programs, visit www.uscis.gov.

18-Month Extension of Temporary Protected Status for Nicaragua

admin — Sat, 08 May 2010 05:59:45 +0000

The Department of Homeland Security (DHS) will extend Temporary Protected Status (TPS) for 18 months, through Jan. 5, 2012, to eligible nationals of Nicaragua and people having no nationality who last habitually resided in Nicaragua. This extension does not apply to Nicaraguans who entered the United States after Dec. 30, 1998. Certain nationals of Nicaragua who have not previously applied for TPS may be able to register under the late initial registration provisions. Further details on this extension of TPS for Nicaragua appear in the Federal Register Notice that announces this extension.

Questions and Answers

Index

What is Temporary Protected Status (TPS)?
When and why was Nicaragua designated for TPS?
Why was the TPS designation for Nicaragua extended through [DATE]?
Do I need to re-register for TPS if I currently have benefits through the designation of Nicaragua for TPS, and would like to maintain them?
Who is eligible to re-register for TPS for Nicaragua?
What is the re-registration period for TPS for Nicaragua?
How do I re-register for the TPS extension?
What is the cost of re-registering for TPS?
What if I cannot afford to pay for filing and or biometric fees?
Can I re-register electronically via the Internet?
What if the Immigration Judge (IJ) or the Board of Immigration Appeals (BIA) granted me TPS?
Do I have to report to an Application Support Center (ASC) to submit biometrics?
What if I am scheduled for an appointment at the ASC but am unable to make my appointment?
How do I reschedule my ASC appointment for biometrics?
What documents should I bring to my ASC appointment?
What if my address changes after I file my application?
Will my current Employment Authorization Document (EAD) that is set to expire on Jul. 5, 2010, be automatically extended for six months?
Will Nicaraguan nationals protected by TPS be permitted to travel to their home countries during the TPS extension?
How do I apply for advance parole?
Can I use TPS as a basis for obtaining permanent resident status?
May I apply for another immigration benefit while registered for TPS?
Is there a place for me to call with further questions or learn more about TPS?

Q1. What is Temporary Protected Status (TPS)?
A1. TPS is a temporary immigration status granted to eligible nationals of a country (or persons without nationality who last habitually resided in that specific country) designated for TPS under the Immigration and Nationality Act (INA). During the period for which the Secretary of Homeland Security (Secretary) designates a country for TPS, TPS beneficiaries are eligible to remain in the United States and may obtain work authorization, so long as they continue to meet the terms and conditions of TPS status.

Q2. When and why was Nicaragua designated for TPS?
A2. Nicaragua was designated for TPS in 1999 based on environmental disaster conditions resulting from Hurricane Mitch, which occurred in late 1998.

Q3. Why was the TPS designation for Nicaragua extended through Jan. 5, 2012?
A3. During the past year, DHS and the Department of State reviewed conditions in Nicaragua. Based on this review, the Secretary has determined that an 18-month extension is warranted because the conditions that prompted the initial TPS designation of Nicaragua in 1999 following the environmental disaster caused by Hurricane Mitch persist and temporarily prevent Nicaragua from adequately handling the return of its nationals.

Q4. Do I need to re-register for TPS if I currently have benefits through the designation of Nicaragua for TPS and would like to maintain them?
A4. Yes. If you have already received TPS benefits through the TPS designation of Nicaragua, your benefits will expire on July 6, 2010. All TPS beneficiaries must comply with the re-registration requirements and submit any required biometrics service fee and Employment Authorization Document (EAD) application fee (if an EAD is desired), or requests for waivers of those fees, to maintain TPS benefits through Jan. 5, 2012. Failure to re-register in a timely manner without good cause will result in the withdrawal of TPS and you may be subject to removal from the United States.

Q5. Who is eligible to re-register for TPS for Nicaragua?
A5. The extension covers an estimated 3,000 individuals who currently have TPS. To qualify, you must:

1) be a national of Nicaragua, or an individual without nationality who last habitually resided in Nicaragua;
2) have continuously resided in the U.S. since Dec. 30, 1998;
3) have been continuously physically present in the U.S. since Jan. 5, 1999;
4) satisfactorily complete a routine background checks required of all applicants; and
5) meet certain other admissibility and eligibility criteria as specified by section 244 of the INA and in 8 C.F.R. §244.1-9.

Q6. What is the re-registration period for TPS for Nicaragua?
A6. The 60-day re-registration period will start on May 5 and end on July 6, 2010. You must re-register for TPS during the 60-day re-registration period. Failure to re-register during the re-registration period without good cause will result in a withdrawal of TPS benefits. USCIS strongly encourages you to file your applications as early as possible within the re-registration period so that background and security checks and other processing requirements can be completed promptly.

Q7. How do I re-register for the TPS extension?
A7. Nicaraguans currently registered under TPS who desire an extension must re-register by filing both Form I-821, Application for Temporary Protected Status, and Form I-765, Application for Employment Authorization, with the appropriate fees or fee waiver requests.

These forms are available on the forms section of the USCIS Website: www.uscis.gov/forms or by calling the toll-free USCIS Forms Hotline, (800) 870-3676.

To submit your application, please send it to:

Via U.S. mail:

USCIS
Attn: TPS Nicaragua
P.O. Box 6943
Chicago, IL 60680-6943

For courier deliveries, please mail your application to:

USCIS
Attn: TPS Nicaragua
131 S. Dearborn, 3rd Floor
Chicago, IL 60603-5517

If you were granted TPS by an IJ or BIA and you are requesting an EAD or are re-registering for the first time, please mail forms to:

USCIS
Attn: TPS Nicaragua
P.O. Box 7332
Chicago, IL 60680-7332

Electronically (e-file):

www.uscis.gov or click here

For information about filing electronically, visit the USCIS Web site at www.uscis.gov/e-filing. Please review the links on that Web page, including the USCIS E-Filing Reference Guide.

Q15. What documents should I bring to my ASC appointment?
A15. When you report to an ASC, you must bring the following documents:

identity documentation with a photograph,
your receipt notice for your re-registration application,
your ASC appointment notice, and
your current Employment Authorization Document (EAD) if you have one.

Q16. What if my address changes after I file my application?
A16. If your address changes after you file your application, you must complete and submit Form AR-11, Change of Address, by mail or electronically. The mailing address is:

U.S. Citizenship and Immigration Services
Change of Address
P.O. Box 7134
London, KY 40742-7134

Q17. Will my current EAD that is set to expire on Jul. 5, 2010, be automatically extended for six months?
A17. Yes. USCIS will issue new EADs to eligible TPS beneficiaries who timely re-register and apply for EADs. However, USCIS will automatically extend the validity of EADs for eligible Nicaraguan TPS beneficiaries for six months, through Jan. 5, 2011. This automatic extension will allow sufficient time for eligible TPS beneficiaries to re-register and receive an EAD without any lapse in employment authorization. The Federal Register Notice explains how TPS beneficiaries and their employers may determine which EADs are automatically extended.

Q18. Will Nicaraguan nationals protected by TPS be permitted to travel to their home countries during the TPS extension?
A18. As a matter of discretion, USCIS may grant you permission to travel abroad. You must apply for and obtain advance parole prior to travel outside the United States in order to prevent losing TPS status and to facilitate your re-entry to the United States.

TRAVEL WARNING: If you have been unlawfully present in the United States and then you leave, even on an approved advance parole document, you may become inadmissible for three (3) or ten (10) years, depending on how much unlawful presence you had before you left. In addition, you may become ineligible for certain other benefits in the future that you may seek, such as permanent resident status. If adjudication of your TPS application has not been completed, you may also risk missing important USCIS notices, such as Requests for Additional Evidence, and your application may be denied while you are out of the country. We encourage you to read and understand the travel warning on Form I-131 before you ask for advance parole, regardless of whether you have been granted TPS. Before requesting advance parole for travel, you may also want to seek legal advice if you have been unlawfully present in the U.S. for any period of time.

Q20. Can I use TPS as a basis for obtaining permanent resident status?
A21. No. TPS is a temporary benefit that does not lead to lawful permanent resident status by itself or confer any other immigration status.

Q22. How do I ask for further questions or learn more about TPS?
A22. Please contact the USCIS National Customer Service Center at:

1-800-375-5283 or
1-800-767-1833 (TTY)

You may also the USCIS’ Web site’s TPS page by clicking here. To learn more about USCIS’ programs, visit www.uscis.gov.

Immigration Benefits Available for Chilean Nationals – Q&A

admin — Sat, 08 May 2010 05:55:53 +0000

In light of the recent natural catastrophes in Chile, U.S. Citizenship and Immigration Services (USCIS) reminds Chileans of U.S. immigration benefits available to eligible Chilean nationals upon request.

USCIS understands that a natural catastrophe can affect an individual’s ability to establish or maintain lawful immigration status. In addition to the March 10 Update, the following Questions and Answers address temporary relief measures available to nationals of Chile.

Questions and Answer

Q1. I am a Chilean national and cannot return to Chile at this time due to the earthquake. My allowed time to stay in the United States is expiring or about to expire. What are my options? Can I work during my stay in the US?
A1. If you wish to change or extend your nonimmigrant status, you may request an extension if you meet the existing criteria for your specific nonimmigrant category. If you are a B-1 or B-2 visitor, you may apply for a six-month extension on the basis that the events of Feb. 27, 2010 earthquake and its aftermath make you unable to return to Chile at this time. Although B-1 and B-2 visitors may receive an extension under these special considerations, they are not authorized to work in the United States. Normally, an extension application must be filed before the authorized stay expires. According to existing guidelines, USCIS may accept applications for change of status or extension of stay after the period of authorized admission has expired. The filing fee for Form I-539 is $300. No waiver of this filing fee is available.

If you are a Chilean national and wish to receive special consideration for a late filed extension or change of status application, you must include evidence with Form I-539 that you were unable to return to Chile before the February 27 earthquake. If you were in lawful, nonimmigrant status on February 27, you will be excused for filing late up to May 27, 2010. After May 27, 2010, eligibility for delayed filing will be determined on a case-by-case basis.

Q2. I am a Chilean national granted parole to enter the United States temporarily, but I am unable to return to Chile due to the earthquake and my parole has expired or is about to expire. What are my options? Can I work during my stay in the US?
A2. If you are a Chilean national who has already been paroled into the United States, you may apply for an extension of your parole (“re-parole”), by making an InfoPass appointment at your local USCIS field office. The length of the extension is at the Director’s discretion, but normally will not exceed six months. To qualify for re-parole, you will need to demonstrate that you were or are currently prevented from returning to Chile before the expiration of your current or last authorized parole. You will also need to present a genuine, expired or unexpired Form I-94, which contains an expiration date between February 27, 2010 and May 27, 2010.

Once your parole has been extended, you may apply for employment authorization by filing Form I-765, Application for Employment Authorization. For instructions on how to apply, please refer to the filing instructions on the Form I-765.

Q3. I am a Chilean national granted advance parole to travel outside of the United States and cannot return to the United States from Chile due to the recent natural disasters, and my allowed time is expiring or about to expire. What are my options?
A3. Due to disruption of consular services following the earthquake, and in recognition of the humanitarian needs of affected individuals, an automatic extension of advance parole until May 27, 2010 is granted to those aliens, who are currently in Chile and who are outside of the United States if their advance parole authorization, Form I-512, Authorization for Parole of Aliens into the United States, expires between Feb. 27, 2010 and May 27, 2010. Ports of entry have been instructed to accept these auto-extended Form I-512s. Affected individuals do not need to bring any additional documentation with them to the airport.

Q4. I am a Chilean national F-1 student currently enrolled in school in the United States. Due to the recent natural catastrophes in Chile, I can no longer cover the cost of my education. What are my options? Can I work during my stay in the United States?
A4. If your family in Chile is funding your studies, you may be eligible for work authorization based on severe economic hardship. According to the regulations at 8 CFR 214.2(f)(9)(II)(C) and (D), F-1 academic students may request off-campus employment authorization based on severe economic hardship caused by unforeseen circumstances beyond their control, such as changes in the financial condition of their source of support. If your family is encountering difficulties with funding your studies in the United States due to the recent earthquakes in Chile, you may apply for employment authorization based on severe economic hardship. To qualify, you must establish that: a) you have been an F-1 academic student for at least one full academic year; b) you are in good academic standing and carrying a full course load; and c) employment authorization is needed to avoid severe economic hardship.

You will need to obtain a recommendation from your Designated School Official (DSO). That recommendation must be placed on your Form I-20. Once you obtain this recommendation, you must file Form I-765, Application for Employment Authorization, with your properly endorsed Form I-20, according to the filing instructions on the form. The filing fee for Form I-765 is $340 and you may apply to have that fee waived due to your inability to pay. For guidance on fee waivers, please visit www.uscis.gov/feewaiver.

Q5. I am a Chilean national whose case is pending with USCIS. I need my case expedited due to the earthquake in Chile. What are my options?
A5. Given the need for immediate relief, USCIS will expedite certain applications and petitions. Standard requirements for security checks remain in place under expedited procedures.

If a U.S. citizen or lawful permanent resident requests expedited processing of a Form I-130, Petition for Alien Relative, the case will be expedited where a visa number is readily available.

Chilean nationals with benefit applications pending in the United States may need to travel quickly for emergent reasons and will need to apply for advance authorization for parole to return to the United States. USCIS will expedite the Form I-131, Application for Travel Document, in such cases and where we have been advised of the emergent need to travel.

Q6. Where can I find more information about immigration relief benefits?
A6. For more information on USCIS humanitarian programs, visit www.uscis.gov or call the National Customer Service Center at 1-800-375-5283.

Q&A: USCIS Launches Agency-Wide Policy Review

admin — Tue, 20 Apr 2010 10:42:36 +0000

The USCIS Policy Review is a new, comprehensive effort to review all Agency policies with the engaged participation of both the workforce and the public. This effort will help us ensure that USCIS policy serves our fundamental mission and reflects our core values of consistency, integrity, transparency, and efficiency.

The success of the USCIS Policy Review depends on the engagement of both the Agency’s workforce and its external stakeholders. USCIS is already surveying its workforce to help identify the highest-priority issue areas. Now, the Agency’s external stakeholders have an opportunity to complete the same survey. The compiled survey results will help USCIS set the order of the Policy Review, including the first issues targeted for review in 2010. Throughout the Policy Review, USCIS will continue to seek feedback from its workforce and external stakeholders to ensure that the resulting policies are informed, responsive, and effective.

Questions and Answers

Q1. What is the USCIS Policy Review?

A1. The USCIS Policy Review is a comprehensive review of all policy, guidance, and procedures that guide the work that we do. The Policy Review will be divided into four stages: (1) assembling and categorizing all existing policy documents; (2) prioritizing the issue areas for review, with input from surveys of the workforce and external stakeholders; (3) completing review of policies in each identified issue area; and (4) consolidating and publishing updated policy documents (as appropriate), once approved.

Q2. How does the Policy Review advance major goals already established for USCIS and the Department of Homeland Security (DHS)?

A2. In the 2010 Quadrennial Homeland Security Review (QHSR), DHS identified the effective administration of the immigration system as a key priority. In particular, the QHSR emphasized the importance of a system that produces fair, consistent, and prompt decisions for the public it serves. The Policy Review is designed to ensure that USCIS meets that standard in all of its work.

Q3. How does the Policy Review relate to USCIS’s responsibilities and authority under federal law?

A3. By law, USCIS is charged with setting policies and priorities for the administration of immigration services. USCIS will be reviewing those policies in our current effort. If the Policy Review identifies the need for proposed regulatory changes, we will fully engage in the federal rulemaking process. The purpose of the Policy Review is not to develop proposed changes to the immigration statutes established by Congress.

Q4. How will USCIS solicit input from external stakeholders?

A4. In keeping with our commitments to customer service and transparency, the Policy Review will succeed only with thorough input from the public that we serve. USCIS will engage practitioners, advocates, businesses, applicants, and other interested stakeholders throughout the course of the initiative. The survey is the first opportunity for stakeholders to participate.

Q5. How does the survey fit into the Policy Review?

A5. We have already assembled all existing policies and categorized them into useful issue areas. Our next step is to determine the order in which the Policy Review should proceed. To this end, we are asking our workforce, as well as our external stakeholders, to complete a survey that will help us identify priorities.

Q6. Who should fill out the survey?

A6. All interested external stakeholders are encouraged to complete the survey. The USCIS workforce is already completing the same survey.

Q7. Where is the survey available?

A7. You may access the survey at www.uscis.gov.

Q8. When will the survey be available?

A8. The survey will be available to the public for two weeks, from April 15 to April 29.

Q9. What does the survey ask?

A9. The survey asks respondents to identify their overall priorities among all general policy issues, as well as their top priorities for review within several key areas. The survey also includes comment sections, and we encourage participants to take the time to give as much helpful feedback as possible.

Q10. Will USCIS share the survey results with the public?

A10. We will post a summary of the survey results from external stakeholders on www.uscis.gov later this spring. Individual survey responses will remain anonymous, as we will show the survey results in aggregate form only.

Q11. How will USCIS use the survey results?

A11. The survey results will help USCIS ensure it is reviewing policy issues in the order of their importance to the Agency’s mission, to the workforce, and to the public.

Q12. How long will it take USCIS to complete the Policy Review?

A12. It will take USCIS a significant amount of time to work thoughtfully through all of the Agency’s policies in collaboration with the workforce and external stakeholders. For that reason, it is critical that USCIS accurately identify the highest priorities for review at the beginning of this effort. The participation of Agency stakeholders in the survey is essential to setting those priorities.

Q13. What happens to existing policies during the course of the Policy Review?

A13. While the Policy Review is underway, all policies already in place remain in full force and will be honored.

Special Humanitarian Parole Program for Haitian Orphan Fact Sheet

admin — Sun, 11 Apr 2010 05:07:37 +0000

U.S. Citizenship and Immigration Services (USCIS) will stop accepting new requests for parole under the Special Humanitarian Parole Program for Haitian Orphans effective April 13, 2010, because the Haitian government has requested that the United States bring the program to a close. While USCIS believes that the vast majority of requests for special parole have already been submitted, any remaining prospective adoptive parents or adoptive parents will have until April 14, 2010, to submit a request under the special program.

Background

The Department of Homeland Security (DHS) established the special parole policy and process as part of the overall U.S. government response to the January 12, earthquake. The policy and process was designed to address the circumstances of a specific group of vulnerable Haitian children:

those who either had full and final adoptions completed by United States citizen parents before the earthquake or,
who were far enough along in the adoption process that both the governments of Haiti and the United States could verify the identity and eligibility of the children for adoption, and the United States government could confirm the suitability of the adoptive parents.

To date, more than 1,000 Haitian orphans have been approved for travel to the United States to join their adoptive families under this expedited process. USCIS is in the process of considering several hundred more requests and anticipates that ultimately some 1,200 children will benefit from this program.

USCIS will process all requests for parole under the special program received at HaitianAdoptions@dhs.gov by April 14, 2010. USCIS is no longer accepting “walk-in” requests at the USCIS embassy in Port-au-Prince.

Initiating a Case

If initiating a case by sending an e-mail to the HaitianAdoptions@dhs.gov mailbox, please include in the subject line the last name of the prospective parent(s) and the name of the child to be adopted.

Please also provide the information below to help us process the case as expeditiously as possible:

The name(s) and date(s) of birth of the adoptive parent(s);
The name(s) and date(s) of birth of the orphaned child(ren);
The address and contact information for the adoptive parent(s), the adoption service provider, if applicable, as well as the caregiver for the child(ren) in Haiti;
A signed Form G-28 or privacy waiver if you wish USCIS to communicate about your humanitarian parole request with an attorney or other representative;
A recent photo(s) of the child(ren); and,
Documentation showing that the child was either:
- Being adopted prior to January 12, 2010 and was legally confirmed as an orphan available for inter-country adoption by the government of Haiti through an adoption decree or custody grant to suitable U.S. citizen adoptive parents; or
- Identified by an adoption service provider or facilitator as eligible for inter-country adoption and matched to prospective American adoptive parents prior to January 12, 2010.

Please see the Fact Sheet on the Humanitarian Parole Policy for Certain Haitian Orphans for additional details on the evidence that supports a request for parole. If you do not have all of the evidence necessary to establish eligibility for parole and are in the process of gathering that evidence, you may still submit a request to the e-mail box before the deadline, with an explanation of the evidence you are seeking to obtain. You should also, at a minimum, provide the following information:

Full name(s) and date(s) of birth of the Haitian child(ren);
Full name(s) and date(s) of birth of the U.S. prospective adoptive parents;
Contact information for the prospective adoptive parent(s).

Extension of Post-Completion OPT and F-1 Status for Eligible Students under H-1B Cap-Gap Regulations

admin — Sun, 11 Apr 2010 05:05:06 +0000

These Questions & Answers address the automatic extension of F-1 student status in the United States for certain students with pending or approved H-1B petitions (indicating a request for change of status from F-1 to H-1B) for an employment start date of Oct. 1, 2010 under the Fiscal Year (FY) 2011 H-1B cap.

Questions & Answers

Q: What is the H-1B cap?

A: The cap is the congressionally-mandated limit on the number of individuals who may be granted initial H-1B status or visas during each fiscal year. For FY 2011, the cap is 65,000.

Not all H-1B beneficiaries are subject to the cap. Congress has provided that the first 20,000 H-1B petitions filed on behalf of aliens who have earned a U.S. master’s degree or higher are exempt from the fiscal year cap. H-1B petitions filed on behalf of beneficiaries who will work at institutions of higher education or related or affiliated nonprofit entities, or at nonprofit research organizations or governmental research organizations are exempt from the fiscal year cap. Additionally, petitions filed on behalf of beneficiaries who will be performing work or services solely in Guam and/or the Commonwealth of the Northern Marianas Islands (CNMI) are exempt from the cap until Dec. 31, 2014. Generally, H-1B beneficiaries seeking to extend status and/or add employers are not subject to the cap.

Q: What do Current F-1/H-1B Extension Regulations Allow?

A: Current regulations allow certain students with pending or approved H-1B petitions to remain in F-1 status during the period of time when an F-1 student’s status and work authorization would otherwise expire, and up to the start of their approved H-1B employment period. This is referred to as filling the “cap-gap,” meaning the regulations provide a way of filling the “gap” between F-1 and H-1B status that might otherwise occur if F-1 status was not extended for qualifying students.

Q: How does “Cap-Gap” Occur?

A: An employer may not file and USCIS may not accept, an H-1B petition submitted earlier than six months in advance of the date of actual need for the beneficiary’s services or training. As a result, the earliest date that an employer can file an H-1B petition is April 1, for the following fiscal year, starting October 1. If USCIS approves the H-1B petition and the accompanying change of status request, the earliest date that the student may start the approved H-1B employment is Oct. 1. Consequently, F-1 students who do not qualify for a cap-gap extension, and whose periods of authorized stay expire before October 1, are required to leave the United States, apply for an H-1B visa at a consular post abroad, and then seek readmission to the United States in H-1B status, for the dates reflected on the approved H-1B petition.

Q: Which petitions and beneficiaries qualify for a cap-gap extension?

A: H-1B petitions must be timely filed on behalf of an eligible F-1 student. Timely filed means that the H-1B petition (indicating change of status rather than consular processing) was filed during the H-1B acceptance period, while the student’s authorized duration of status (D/S) admission was still in effect (including any period of time during the academic course of study, any authorized periods of post-completion OPT, and the 60-day departure preparation period, commonly known as the “grace period”).

Once a timely filing has been made, the automatic cap-gap extension will begin and will continue until the H-1B petition adjudication process has been completed. If the student’s H-1B petition is selected and approved the student’s extension will continue through September 30th unless the petition is denied, withdrawn, or revoked. If the student’s H-1B petition is not selected and approved, the student will have the standard 60-day grace period from the date of the rejection notice or their program or OPT end date, whichever is later, to prepare for and depart the United States.

Students are strongly encouraged to stay in close communication with their petitioning employer during the cap-gap extension period for status updates on the H-1B petition processing.

Q: How does a student covered under the cap-gap extension obtain proof of continuing status?

A: A student will need to obtain an updated Form I-20 from his or her designated school official (DSO). The Form I-20 is the only document a student will have to show proof of continuing status and OPT, if applicable. The student should go to their DSO with evidence of a timely filed H-1B petition (indicating a request for change of status rather than for consular processing), such as a copy of the petition and a FedEx, UPS, or USPS Express/certified mail receipt. The student’s DSO will issue an interim cap-gap I-20 showing an extension until June 1st. Students whose approved period of OPT already extends beyond June 1st do not need an interim extension.

In some cases, a student’s SEVIS record will not be automatically updated with the cap-gap extension, in error. In this situation, the student’s DSO may need to add an interim cap-gap extension to the student’s SEVIS record or contact the SEVIS Help Desk to have the full cap-gap extension applied to the record. For additional information on the interim cap-gap extension, refer to SEVP’s Supplementary Cap-Gap Guidance.

Q: If a student was not in an authorized period of OPT on the eligibility date for the cap-gap extension; can the student work during the cap-gap extension?

A: No. For a student to have employment authorization during the cap-gap extension, he or she must be in an approved period of post-completion OPT on the eligibility date.

Q: If, after being granted the automatic cap-gap extension, a student’s H-1B petition is subsequently rejected, denied, or revoked is the student allowed the 60-day grace period?

A: Yes. The student will have the standard 60-day grace period before he or she is required to depart the United States. In such cases, the 60-day grace period will commence on the date that the rejection, denial, or revocation letter is post marked.

Please note that in cases where the H-1B petition is denied or revoked based on fraud, misrepresentation, or a status violation, the student is ineligible for the 60-day grace period and is required to leave the United States immediately.

Q: May students travel outside the United States during a cap-gap extension period and return in F-1 status?

A: No. The regulations at 8 CFR 214.2(f)(13) state that a student who has an unexpired Employment Authorization Document (EAD) issued for post-completion OPT and who is otherwise admissible may return to the United States to resume employment after a temporary absence. However, by definition, the EAD of an F-1 student covered under a cap-gap extension is necessarily expired. Consequently, if a student granted a cap-gap extension elects to travel outside the United States during the cap-gap extension period, he or she will not be able to return in F-1 status. The student will need to apply for an H-1B visa at a consular post abroad prior to returning. As the H-1B petition is presumably for an October 1 or later start date, the student should be prepared to adjust his or her travel plans, accordingly.

Q: Do the limits on unemployment time apply to students who have been granted an automatic cap-gap extension for F-1 status and post-completion OPT?

A: Yes. The 90-day limitation on unemployment during the initial post-completion OPT authorization continues during the cap-gap extension.

Q: What is a STEM OPT extension?

A: F-1 students who receive science, technology, engineering, and mathematics (STEM) degrees included on the STEM Designated Degree Program List, are employed by employers enrolled in E-Verify, and who have received an initial grant of post-completion OPT employment authorization related to such a degree, may apply for a 17-month extension of such authorization. F-1 students may obtain additional information about STEM OPT extensions on the Student and Exchange Visitor Program website at www.ice.gov/sevis.

Q: If the student is granted the automatic cap-gap extension of F-1 status and post-completion OPT, and his or her H-1B petition is denied or withdrawn, may the student apply for a STEM OPT extension?

A: Yes. However, such an application must be made within 10 days of the denial or withdrawal. See section 9 of SEVP’s OPT Policy Guidance.

Q: For Fiscal Year 2010, due to the availability of H-1Bs, not all employers requested an October 1 start date. However, some students’ OPT end dates were nevertheless shortened to September 30, even though their H-1B employment would not begin until a later date. What should the student do to correct this?

A. The student should contact their DSO. The DSO may request a data fix in SEVIS by contacting the SEVIS helpdesk. A student may continue to work past October 1st on their OPT (their EAD card will still show the original end date) if the request to change the end date back is pending with the SEVIS Desk.

Q. An F-1 student whose period of post-completion OPT will extend beyond the effective date of his or her change of status to H-1B does not need the automatic cap-gap extension of his or her period of F-1 status and OPT. If the H-1B employer of such a student withdraws the H-1B petition before the change of status to H-1B becomes effective, can the student continue to use any remaining period of post-completion OPT?

A. Yes, but only if USCIS receives the withdrawal request from the H-1B petitioner before the change of status to H-1B becomes effective. Once the petition has been withdrawn, the student must provide his or her DSO with a copy of the USCIS acknowledgement of withdrawal (or notice of revocation). The DSO may then make a request to the SEVIS Help Desk for a data fix to the student’s record in SEVIS. Such students may continue to work pursuant to their unused period of OPT while the data fix remains pending because the student will still be in valid F-1 status.

If, however, USCIS does not receive the withdrawal request before the change of status to H-1B becomes effective, the student must file a Form I-539 to request reinstatement and may not work or attend classes until the reinstatement is approved.

Q. Are students considered to be in valid F-1 status after revocation of the H1B petition has occurred, but while the request to change the OPT end date remains pending?

A. Possibly. If the H-1B employer revokes the H-1B petition prior to October 1 and the student’s original OPT end date extends beyond the date of revocation, the student remains in valid F-1 status and may continue to work pursuant to the EAD received for OPT.

If the student’s original OPT end date expires before revocation of the H-1B petition has occurred, the student retains work authorization for a 10-day period following the date of revocation and enters the 60-day grace period on the date of revocation.

A student who was granted an automatic cap-gap extension that does not include an extension of OPT remains in valid F-1 status and enters into the 60-day grace period on the date of revocation.

Each of the scenarios above are based on the assumption that the student has maintained F-1 status up until the date of revocation.

If the H-1B revocation occurs after the H-1B change of status effective date, the student will not be in valid F-1 status and will therefore either need to apply for reinstatement or depart the United States.