|STATEMENT BY DEPARTMENT OF HOMELAND SECURITY
SECRETARY JOHN KELLY ON THE ENTRY OF LAWFUL PERMANENT RESIDENTS
INTO THE UNITED STATES
(January 29th, 2017)
USCIS Rule Strengthens Employment Eligibility Requirements for Asylum Seekers
Release Date: June 22, 2020
WASHINGTON—U.S. Citizenship and Immigration Services today announced a regulatory change to deter aliens from illegally
entering the United States and from filing frivolous, fraudulent, or otherwise non-meritorious claims for asylum to obtain an
employment authorization document. This rule does not alter asylum eligibility criteria in any way and will be effective on Aug. 25.
This rule stems from the April 29, 2019, Presidential Memorandum on Additional Measures to Enhance Border Security and Restore
Integrity to Our Immigration System, which emphasizes that it is the policy of the United States to manage humanitarian immigration
programs in a safe and orderly manner, and to promptly deny benefits to those who do not qualify.
“Safeguarding the integrity of our nation’s legal immigration system from those who seek to exploit or abuse it is key to the USCIS
mission,” said Joseph Edlow, the USCIS Deputy Director for Policy. “The reforms in this rule are designed to restore integrity to the
asylum system and to reduce any incentive to file an asylum application for the primary purpose of obtaining work authorization. It also
deters frivolous and non-meritorious applications by eliminating employment authorization for aliens who have failed to file for asylum
within one year of their last entry until USCIS or an immigration judge determines the alien’s eligibility for asylum.”
The rule prevents aliens who, absent good cause, illegally entered the United States from obtaining employment authorization based
on a pending asylum application. Additionally, the rule defines new bars and denials for employment authorization, such as for certain
criminal behavior; extends the wait time before an asylum applicant can apply for employment authorization from 150 days to 365
calendar days; limits the employment authorization validity period to a maximum of two years; and automatically terminates
employment authorization when an applicant’s asylum denial is administratively final.
For more information read the final rule, scheduled to be published in the Federal Register on June 26.
For more information on USCIS and our programs, please visit uscis.gov or follow us on Twitter (@uscis), Instagram (/uscis),
YouTube (/uscis), Facebook (/uscis), and LinkedIn (/uscis).
|Local DMV: 703-273-1196 Toll Free: 1-877-427-6336
|Office Hours: Monday to Friday 9:00 AM to 5:00 PM
Saturday: By Appointment Only
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We
invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any
confidential information to us until such time as an attorney-client relationship has been established.
|3900 Jermantown Road, Suite 100, Fairfax, Virginia 22030
Tel. 703-273-1196 ~ Cellular: 703-675-6334 ~ Fax. 703-273-4838
Toll Free: 1-877-4-ARNEDO
I-821D, Consideration of DACA, Deferred Action for Childhood Arrivals
Release Date 12/04/2020
In compliance with an order of a United States District Court, effective December 7, 2020, U.S. Citizenship and Immigration Services
1. Accepting first-time requests for consideration of deferred action under Deferred Action for Childhood Arrivals (DACA) based on the
terms of the DACA policy in effect prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order;
2. Accepting DACA renewal requests based on the terms of the DACA policy in effect prior to September 5, 2017, and in accordance
with the Court’s December 4, 2020, order;
3. Accepting applications for advance parole documents based on the terms of the DACA policy prior to September 5, 2017, and in
accordance with the Court’s December 4, 2020, order;
4. Extending one-year grants of deferred action under DACA to two years; and
5. Extending one-year employment authorization documents under DACA to two years.
USCIS will take appropriate steps to provide evidence of the one-year extensions of deferred action and employment authorization
documents under DACA to individuals who were issued documentation on or after July 28, 2020, with a one-year validity period under
the defunct policy.
DHS will comply with the order while it remains in effect, but DHS may seek relief from the order.
WASHINGTON—Secretary of Homeland Security Alejandro N. Mayorkas is designating Venezuela for Temporary Protected Status
(TPS) for 18 months, until September 2022. This new designation of TPS for Venezuela enables Venezuelan nationals (and
individuals without nationality who last resided in Venezuela) currently residing in the United States to file initial applications for TPS,
so long as they meet eligibility requirements.
This designation is due to extraordinary and temporary conditions in Venezuela that prevent nationals from returning safely, including
a complex humanitarian crisis marked by widespread hunger and malnutrition, a growing influence and presence of non-state armed
groups, repression, and a crumbling infrastructure. TPS can be extended to a country with conditions that fall into one, or more, of the
three statutory bases for designation: ongoing armed conflict, environmental disasters, or extraordinary and temporary conditions.
“The living conditions in Venezuela reveal a country in turmoil, unable to protect its own citizens,” said Secretary Mayorkas. “It is in
times of extraordinary and temporary circumstances like these that the United States steps forward to support eligible Venezuelan
nationals already present here, while their home country seeks to right itself out of the current crises.”
Only individuals who can demonstrate continuous residence in the United States as of March 8, 2021 are eligible for TPS under
Venezuela’s designation. For their own health and safety, individuals should not believe smugglers or others claiming the border is
now open. Due to the pandemic, travel and admission restrictions at the border remain in place.
Individuals desiring TPS must file an application with U.S. Citizenship and Immigration Services within the 180-day registration
period. They may also apply for Employment Authorization Documents (EADs) and for travel authorization. All individuals applying for
TPS undergo security and background checks as part of determining eligibility. More details about the eligibility criteria to submit an
initial TPS application and apply for an EAD can be found in the Federal Register Notice (FRN).
The FRN also provides information about Deferred Enforced Departure (DED) for Venezuelan nationals and how individuals may
apply for DED-related EADs, based on the January 19, 2021, presidential memorandum establishing DED for Venezuelan nationals
for 18 months, through July 20, 2022. Individuals who apply for and receive TPS and who are also covered by DED do not need to
apply for Employment Authorization Documentations under both programs. USCIS encourages individuals who believe they are
eligible for TPS to apply during the initial registration period announced in the FRN, even if they are also covered by DED, in case they
cannot qualify for TPS late initial filing after DED has expired.
Secretary Mayorkas Designates Venezuela for Temporary Protected Status for 18 Months
New Designation Allows Eligible Venezuelans to Apply for TPS and Employment Authorization Documents
Release Date: March 8, 2021