USCIS Approves New Credentialing Organization for Healthcare Workers
U.S. Citizenship and Immigration Services (USCIS) has approved International Education Evaluations, LLC, as a new credentialing organization for healthcare workers for certain immigration purposes.
USCIS explained that “an individual who seeks admission to the United States as a nonimmigrant or immigrant, or who is the beneficiary of a change of status request, or who is applying for adjustment of status, in the United States for the purpose of performing labor in certain healthcare occupations is inadmissible unless he or she presents a certificate from an authorized credentialing organization.” Department of Homeland Security (DHS) regulations authorize the Commission on Graduates of Foreign Nursing Schools, the National Board for Certification in Occupational Therapy, and the Foreign Credentialing Commission on Physical Therapy to issue such certificates. DHS regulations also “establish detailed standards for the approval of additional credentialing organizations after consultation with the Secretary of Health and Human Services, and USCIS has created an adjudicatory framework for the filing and adjudication of those applications using Form I-905, Application for Authorization to Issue Certification for Health Care Workers,” USCIS said.
USCIS Seeks Comments on Revisions to Application for Employment Authorization
U.S. Citizenship and Immigration Services (USCIS) seeks comments on proposed revisions to the Form I-765, Application for Employment Authorization, and accompanying instructions.
In addition to specific changes to the form, USCIS said it is exploring additional technology and internal process improvements “to further reduce the burden to those applying for initial employment authorization, seeking evidence of existing employment authorization, or employment authorization incident to status or an Employment Authorization Document (EAD).” USCIS specifically requests “comments on the submission of passport-style photos during the application process and expanding the options available to filers for submission of photos through the use of emerging technologies, such as a smartphone application that would allow for the capture and submission of passport-style photos necessary to produce an EAD.”
USCIS also requests “detailed reasons why USCIS should or should not consider use of the mobile app or alternate technology for photo capture.” Specifically, the agency seeks “comments on providing alternative means to apply for employment authorization or evidence of existing employment authorization that could substitute for submitting” a separate Form I-765. Finally, USCIS avers that “[c]omments may also address a proposal to provide applicants the option to consent to USCIS sharing certain information from their benefit requests with the Social Security Administration (SSA) for the purposes of having the SSA assign the applicant a Social Security Number and issue the applicant a new or replacement Social Security Card upon approval of the underlying benefit request.”
DHS Announces Restrictions on Flights Carrying Travelers From Rwanda
The Secretary of Homeland Security has directed all flights to the United States carrying persons who have recently traveled from, or were otherwise present within, Rwanda to arrive at one of three designated international airports: Chicago O’Hare, John F. Kennedy, or Washington-Dulles. The directive is related to an outbreak of Marburg Virus Disease.
The Departments of Homeland Security and Health and Human Services (HHS), including the Centers for Disease Control and Prevention, and other agencies are implementing enhanced public health measures at the three U.S. airports, that receive the largest number of travelers originating from Rwanda.
The directive considers a person to have recently traveled from Rwanda if they departed from, or were otherwise present in, Rwanda within 21 days of the date of the person’s entry or attempted entry into the United States, excluding crew and flights carrying only cargo.
OFLC Releases FAQs on Employer Needs and Communications During Recent Major Disasters
The Department of Labor’s Office of Foreign Labor Certification (OFLC) released frequently asked questions (FAQs) on issues related to employer needs and communications in areas affected by hurricanes, severe storms, flooding, landslides, and mudslides, specifically for Hurricane Helene-affected areas and Vermont. Highlights include:
- OFLC said it will continue to contact employers and their authorized attorneys or agents primarily by email and will use U.S. mail where email addresses are not available. Employers are reminded to check their email routinely for information related to their OFLC applications. If an employer is affected by internet and power outages, the employer may contact OFLC using the phone numbers listed in the notices.
- OFLC noted that if a geographic area has no or partial U.S. mail delivery and no planned restoration date, it will contact employers and their authorized attorneys or agents via email, if that information is disclosed on the application, to arrange for the delivery of correspondence using alternate services or to a mailing address not affected by mail delivery disruptions. In these circumstances, employers and/or their authorized attorneys or agents should contact the applicable OFLC National Processing Center using the information provided in the notice.
- “For each of OFLC’s programs, the most effective means of communicating with OFLC is through the established Foreign Labor Application Gateway (FLAG) or the PERM Case Management System (‘PERM system’) and should be used whenever possible,” OFLC said. “In the event an employer or its authorized attorney or agent is unable to communicate with OFLC through FLAG or the PERM system, alternative methods of contacting OFLC regarding each of OFLC’s programs” appears in the FAQs.
Extensions of time and deadlines may be granted depending on the circumstances, OFLC said. The notice includes additional details about closing offices, moving workers or worksites, changing start dates for employment, and other disaster-related issues.
USCIS Updates Guidance on Expedite Requests
On October 11, 2024, U.S. Citizenship and Immigration Services (USCIS) announced an update to its guidance on expedite requests, effective immediately. The update in the USCIS Policy Manual clarifies how the agency considers expedite requests related to government interests and requests related to emergencies or urgent humanitarian situations, including travel-related requests. The update also clarifies how to make an expedite request and explains how USCIS processes them.
Among other things, the update clarifies that USCIS will consider expediting Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records, when a benefit requestor in the United States has “a pressing or critical need to leave the United States, whether the need to travel relates to an unplanned or planned event, such as a professional, academic, or personal commitment.”
For more information, see the Policy Alert, the newly updated Expedite Requests page, and the new Interested Government Agency page.
New Application Released for Travel, Parole, Arrival/Departure Documents; No Grace Period
On October 11, 2024, U.S. Citizenship and Immigration Services (USCIS) announced publication of a new Form I-131 (06/17/24 edition). The new form is named “Application for Travel Documents, Parole Documents, and Arrival/Departure Records.” It is used to apply for reentry permits, refugee travel documents, Temporary Protected Status (TPS) travel authorization documents, advance parole documents, initial parole documents for noncitizens outside the United States, and Arrival/Departure Records for parole in place and re-parole for noncitizens inside the United States.
USCIS noted:
- The new 06/17/24 edition of Form I-131 replaces the 04/01/24 edition of Form I-131 (Application for Travel Document). There is no grace period. Effective October 11, 2024, USCIS is rejecting applications on the 04/01/24 edition of Form I-131.
The agency will not accept a mailed 04/01/24 paper edition of the form that is postmarked on or after 10/11/24 but will accept that edition if it is postmarked before 10/11/24.
USCIS Launches PDF Filing Option for Certain Work Permit Applicants
On October 8, 2024, U.S. Citizenship and Immigration Services (USCIS) announced a PDF filing option for certain applicants seeking an Employment Authorization Document (EAD).
Eligible applicants now may upload a completed Form I-765, Application for Employment Authorization, along with required evidence, in PDF format using their USCIS online account. Eligible applicants also may file a completed Form I-912, Request for Fee Waiver, with their application using the PDF filing option. “This is the first time we are accepting fee waiver requests electronically filed via USCIS online accounts,” USCIS said. The agency noted that planned future expansion of PDF filing “will allow attorneys and accredited representatives to file these applications on behalf of their clients, as well as additional form types.”
The notice includes details on which categories are available initially for PDF filing. USCIS noted that individuals may still file paper application packages by mail.
USCIS Issues New Guidance on EB-1 ‘Extraordinary Ability’ Eligibility Criteria
On October 2, 2024, U.S. Citizenship and Immigration Services (USCIS) issued policy guidance, effective immediately, to further clarify the types of evidence that the agency may evaluate to determine eligibility for extraordinary ability (E11) EB-1 immigrant visa classifications. The policy guidance:
- Confirms that USCIS considers a person’s receipt of team awards under the criterion for lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
- Clarifies that USCIS considers past memberships under the membership criterion;
- Removes language suggesting published material must demonstrate the value of the person’s work and contributions to satisfy the published material criterion; and
- Explains that while the dictionary defines an “exhibition” as a public showing not limited to art, the relevant regulation expressly modifies that term with “artistic,” such that USCIS will only consider non-artistic exhibitions as part of a properly supported claim of comparable evidence.
USCIS said the new guidance builds on a previous EB-1 policy update that provides “more clarity and transparency to assist petitioners in submitting appropriate evidence that may establish the beneficiary’s eligibility.”
The policy update, which is included in the USCIS Policy Manual, “is controlling and supersedes any related prior guidance on the topic,” USCIS said.
European Union: EU Delays Launch of Entry / Exit System (EES) but Accepts New Digital Travel Proposals
The European Union (EU) has delayed the launch of its new Entry/Exit System (EES), initially set for November 2024, citing a lack of readiness from key member states like France, Germany, and the Netherlands. The EES is designed to enhance security by electronically registering the entry and exit of travelers from countries outside of the Schengen region, replacing manual passport stamping. Since its approval in 2017, implementation of the EES has suffered several delays in 2022, 2023, and now in 2024. No new timeline has been announced for the rollout, though a phased rollout is said to be in the works in the coming weeks. The system is expected to help manage immigration more effectively and track overstays in the Schengen Area. It will register the person’s name, type of travel document, biometric data, the date and place of entry and exit.
Alongside the EES delay, the new European Travel Information and Authorisation System (ETIAS) was also delayed as it was set to work in conjunction with the EES and was meant to be operational a few months after the EES. The ETIAS will apply to British and other non-EU/non-Schengen country citizens traveling to all EU Member States, with the exception of Ireland – even for countries with a visa waiver to travel to the EU/Schengen area.
Even amidst the EES/ETIAS delays, the EU remains steadfast in modernizing international travel to the region. It also recently announced its adoption of plans for the “EU Digital Travel application”, to make travel to and within the Schengen region easier and more secure. The system will allow travelers to create and store digital versions of their physical travel documents, like a passport or ID card, which can then be stored on a mobile phone. The goal is to speed up border checks by submitting credentials in advance and reducing wait times at travel airports and borders. The EU digital travel application is set to become available in 2030.
Details:
- UK Parliamenthttps://commonslibrary.parliament.uk/the-eu-entry-exit-system-and-eu-travel-authorisation-system/
- European Commission website, Entry/Exit System, 9 October 2024: https://home-affairs.ec.europa.eu/policies/schengen-borders-and-visa/smart-borders/entry-exit-system_en
- European Commission press release, 7 October 2024: https://ec.europa.eu/commission/presscorner/detail/en/ip_24_5047
- European Commission, Fact Sheet on Digital Travel Application, October 2024, here.
Ireland: Department of Justice Has Announced Online Renewals of Residence Permissions Should Be Submitted Using Online Renewal Portal Starting November 4
The Garda National Immigration Bureau (GNIB) announced that starting 04 November 2024, renewals of Irish immigration residence in all counties should be submitted via the ISD online portal. In-person renewal at the Burgh Quay Registration Office will not be required unless otherwise deemed necessary.
Applications must be completed in full, with all the required documents, before submission in order to be processed. Renewal applications can also be submitted up to 12 weeks before expiration to allow for sufficient processing times. It is essential to provide an accurate address, including the Eircode, as new IRP cards will be sent directly to the address provided.
In addition, the ISD urges customers to submit renewal applications right away if they intend to travel over the upcoming Christmas holiday. The Office Burgh Quay Dublin is experiencing a processing time of 3-4 weeks due to a large volume of renewal applications, with an additional 2 weeks to receive the new IRP card via post.
Details:
- Ireland Department of Justice website: https://www.irishimmigration.ie/transfer-of-all-nationwide-renewals-to-the-isd-online-portal/
- Ireland Department of Justice website: https://www.irishimmigration.ie/isd-urges-customers-intending-to-travel-over-the-coming-christmas-period-whose-current-permission-will-expire-to-submit-a-renewal-application-2024/
United Kingdom: Government Urging Those with Physical Immigration Documents to Transition to an eVisa
The UK government is moving forward with its initiative to transition all physical immigration documents to a digital eVisa system by the end of 2024. This digital shift means that UK immigration status documents, which were traditionally issued as physical cards or in passports, will now be held electronically, streamlining verification and entry processes.
The eVisa system will also make it easier for individuals and organizations to confirm a person’s immigration status, as opposed to relying on physical documents which may be lost, damaged, or difficult to update.
Once fully implemented, users can access their eVisas through the UK government’s “View and Prove” service, where they can share status information with employers, landlords, and other relevant parties. This digital approach means foreign nationals will no longer need to carry a physical document to prove their right to work, study, or reside in the UK. Instead, authorized parties can verify immigration status online through a unique share code and the individual’s date of birth.
The shift to eVisas will affect most foreign nationals in the UK, including those on work, study, family, or settlement visas. The government has reassured individuals with biometric residence permits (BRPs), biometric residence cards (BRCs), or frontier worker permits that these physical documents will remain valid until the full digital rollout is complete by the end of 2024, but are urging those to complete the transition now.
The UK Visas and Immigration (UKVI) has a complete guide on its website to help foreign nationals complete the process as quickly as possible.
Details:
- Gov.uk website: https://www.gov.uk/guidance/online-immigration-status-evisa
Klasko News
FIRM NEWS
The firm regularly celebrates exceptional staff members with monthly and annual awards. In January 2024, Sam Coyle received the Rich Rulon Award, honoring the legacy of the firm’s late founder while recognizing Sam’s outstanding contributions to the firm. In July, Carmen Del Valle was the recipient of the Lisa Felix Award, named for an esteemed attorney who passed in 2020, in recognition of her daily commitment to positivity and helpfulness. As 2024 comes to a close, staff members are once again preparing to nominate a colleague for the Rich Rulon Award!
RECENT SPEAKING ENGAGEMENTS
William Stock
On October 25th, Bill Stock spoke at The University of Texas School of Law’s 48th Annual Conference on Immigration and Nationality Law on a panel entitled Solid STEM OPTions: Keeping Talent In the United States.
Elise Fialkowski
On October 28th, Elise Fialkowski spoke at the 2024 ProVisors Group Leader Summit hosted in Los Angeles.
Jordan Gonzalez
On October 28th, Jordan Gonzalez spoke at the AILA Fall 2024 Rome District Chapter-EMEA Conference in Copenhagen, Denmark on a panel entitled Out of Africa: Updates and Experiences with Consular Posts in Africa.
UPCOMING SPEAKING ENGAGEMENTS
Timothy D’Arduini
Partner Tim D’Arduini will be traveling to London, England to speak at the 11th Biennial IBA Global Immigration Conference on a panel session titled How to Build a Global Practice on December 6th.
ICYMI: RECENT BLOG POSTS AND ALERTS
20th Anniversary Staff Feature: Rachel Fulton
In honor of Klasko’s 20th anniversary, staff who have been with the firm long term are receiving recognition for their dedication to the firm. Read about Rachel Fulton here!
Alert: New Electronic Travel Authorization Requirement for Travel to the United Kingdom
In this client alert, Timothy D’Arduini and Jordan Gonzalez cover the new Electronic Travel Authorization requirement for entering the UK, what you need to know, and recommendations on what you should do.
The 2024 Lisa Felix Award: Carmen Del Valle
Carmen Del Valle is this year’s recipient of the Lisa Felix Award. This award recognizes a KILP staff member who embodies the spirit of late KILP employee, mentor, and friend Lisa Felix, who radiated unconditional, unwavering, and selfless kindness even in difficult times. Read more about this honoree here.
20th Anniversary Staff Feature: Karuna Simbeck
In honor of Klasko’s 20th anniversary, staff who have been with the firm long term are receiving recognition for their dedication to the firm. Read about Partner, Karuna Simbeck here!
20th Anniversary Staff Feature: Michele Madera
In honor of Klasko’s 20th anniversary, staff who have been with the firm long term are receiving recognition for their dedication to the firm. Read about Partner, Michele Madera here!
Sam Coyle Honored with the Rich Rulon Award
Sam Coyle is the recipient of the annual Rich Rulon Award. This annual award is presented to a KILP employee who “performs above and beyond at their position and demonstrates a deep commitment to the KILP mission”. Read more about this honoree here.
New EB-1 Policy Guidance Broadens Acceptable Evidence
In this blog, Nigel James gives an update on the new EB-1 policy guidance for foreign nationals seeking classification as an EB-1 Individual of Extraordinary Ability issued by USCIS.
20th Anniversary Staff Feature: Serena Prammanasudh
In honor of Klasko’s 20th anniversary, staff who have been with the firm long term are receiving recognition for their dedication to the firm. Read about Serena Prammanasudh here!
FIRM FEATURE
Klasko Immigration Law Partners is celebrating its 20th anniversary! Follow us @klaskoimmigrationlaw for continuous staff features of our honorary team.
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This newsletter was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers, of which Klasko Immigration Law Partners is an active member.
