US Immigration
update

21 September 2023

The immigration authorities in the United States have recently issued a number of key updates that applicants should be aware of. We outline three of the latest changes below.

USCIS Clarifies Guidance for EB-1 Eligibility Criteria

US Citizenship and Immigration Services has issued policy guidance in its Policy Manual to clarify the types of evidence that may be evaluated to determine eligibility for extraordinary ability (E11) and outstanding professor or researcher (E12) EB-1 immigrant visa classifications.

The update, effective immediately, adds clarifying guidance describing examples of evidence that may satisfy the relevant evidentiary criteria or qualify as comparable evidence, as well as considerations for evaluating such evidence, with a focus on science, technology, engineering, or mathematics (STEM) fields. Among other revisions, this update incorporates more detailed guidance and examples, similar to previously- issued nonimmigrant guidance for O-1A nonimmigrants of extraordinary ability.

Persons with extraordinary ability in the sciences, arts, education, business, or athletics can self- petition for first preference immigrant visa classification (E11) without a job offer or certification from the U.S. Department of Labour.

A US employer, including a university, institution of higher learning, or private employer, may petition for a professor or researcher who is internationally recognized as outstanding in a specific academic area to receive a first preference immigrant visa classification (E12) to work in a tenured or tenure-track position or a comparable position to conduct research.

Digital Visa Authorization (DVA) Proof of Concept

The State Department’s Bureau of Consular Affairs is developing the capability to issue a digital visa authorization (DVA) instead of the traditional visa printed and placed in applicants’ passports. The US Embassy in Dublin is conducting a limited DVA proof of concept with a small number of K-1 (fiancé(e)) visas.

If this initial proof of concept is successful, the DVA could be extended to other visa classes and additional posts in the future.

US Customs and Border Protection’s Document Validation program will digitally notify airlines when a traveller has valid travel credentials, including a DVA.

The Department of State is conducting this proof of concept with K-1 visas as they are single-entry (single use) visas and will only be issued to travellers who plan to travel directly to the United States from Dublin.

DHS Extends TPS Re-registration Periods for El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan to 18 Months

The Department of Homeland Security (DHS) is extending from 60 days to 18 months the periods to re-register for Temporary Protected Status (TPS) under the designations of El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan.

The 18-month re-registration period under the designation of:

  • El Salvador now runs until 9 March 2025;
  • Haiti now runs until 3 August 2024;
  • Honduras now runs through 5 July 2025;
  • Nepal now runs through 24 June 2025;
  • Nicaragua now runs through 5 July 2025; and
  • Sudan now runs through 19 April 2025.

This re-registration extension will allow TPS beneficiaries to submit Form I-821, Application for Temporary Protected Status, and Form I-765, Application for Employment Authorization, at any time during the 18-month extensions of the TPS designations of these six countries.

Note that this announcement does not change the previously announced extensions of the TPS designations for these six countries, and it does not change the eligibility requirements. It extends the period when existing beneficiaries may re-register for their benefits.

The Secretary of Homeland Security may designate a foreign country for TPS due to conditions in the country that temporarily prevent the country’s nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately. USCIS may grant TPS to eligible nationals of certain countries (or parts of countries), who are already in the United States. Eligible individuals without nationality who last resided in the designated country may also be granted TPS.

Advice on US immigration

If you need advice or guidance relating to US immigration, the Global Immigration team at Smith Stone Walters is here to help. To speak to a member of the team, please contact us today.

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