Immigration Law Wiki
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Sponsor’s Household Size 150% of HHS Poverty Guidelines* 1 $22,590 2 $30,660 3 $38,730 4 $46,800 5 $54,870 6 $62,940 7 $71,010 8 $79,080 Add $8,070 for each additional person source: https://www.uscis.gov/i-912p
A principal refugee admitted to the United States within the past 2 years or a principal asylee who was granted asylum within the past 2 years, may use the Form I-730 to petition for a spouse or child. Petitioning in this context meaning to request that a spouse or an unmarried child under 21 years of age join the principal asylee in the United States. In certain circumstances, unmarried adult sons/daughters over 21 years of age may be eligible for following-to-join immigration benefits if they fall within the protections set forth in the Child Status Protection Act. In some cases, USCIS may grant a waiver of the 2-year filing deadline for humanitarian reasons as explained in the Instructions for Form I-730. Catholic Legal Immigration Network, Inc. made a guide for Form I-730 that you can find here. Just keep in mind that the guide is from 2019 and there have been some changes to policy and procedure since then. Double check the USCIS website to make sure you read the information on the USCIS I-730 information page. Also, a link to the official USCIS instructions is provided below. Form Instructions I-730 FILLABLE I-730 LEARN MORE
When a person arrives at a port of entry seeking entry to the United States they will either be admitted or paroled into the country (if they are permitted to enter). A person who is being permitted to enter on a temporary basis or under special conditions because they lack a proper visa or immigration status to enter will typically be “paroled.” A legal permanent resident or a noncitizen arriving with a valid visa are “admitted” to country. Often times the admission is marked in the person’s passport, though that is becoming less common. The class of admission can be seen on an I-94 as a code as well in some internal agency documents you may find in the responsive record of a FOIA request. Legal Permanent Resident cards “green cards” will display the class of admission code which indicates the manner in which their residency was obtained. The classes of admission and the corresponding codes are listed below broken down into several different categories of types of admission. Immigrant Classes of Admission A lawful permanent resident (LPR) or “green card” recipient may live and work anywhere in the United States and may apply to become U.S. citizens if they meet certain eligibility and admissibility requirements. The Immigration and Nationality Act (INA) provides several broad classes of admission for foreign nationals to gain LPR status, the largest of which focuses on admitting immigrants for the purpose of family reunification. Other major categories include economic and humanitarian immigrants, as well as immigrants from countries with relatively low levels of immigration to the United States. IMMEDIATE RELATIVE PETITIONS The largest category of new LPRs consists of immediate relatives of U.S. citizens (spouses, children, and parents of U.S. citizens age 21 and older). Immediate relatives of U.S. citizens are not subject to numerical limits and typically account for more than 40 percent of new LPRs annually. IR1 Spouses, new arrivals IR6 Spouses, adjustments CR1 Spouses, new arrivals, conditional CR6 Spouses, adjustments, conditional IB1 Spouses, new arrivals, self petitioning IB6 Spouses, adjustments, self petitioning IW1 Spouses, widows or widowers, new arrivals IW6 Spouses, widows or widowers, adjustments CF1 Spouses, entered as fiance(e), adjustments, conditional IF1 Spouses, entered as fiance(e), adjustments IR2 Children, new arrivals IR7 Children, adjustments CR2 Children, new arrivals, conditional CR7 Children, adjustments, conditional AR1 Children, Amerasian, new arrivals AR6 Children, Amerasian, adjustments IB2 Children, new arrivals, self petitioning IB7 Children, adjustments, self petitioning IB3 Children of IB1 or IB6, new arrivals IB8 Children of IB1 or IB6, adjustments IW2 Children of IW1 or IW6, new arrivals IW7 Children of IW1 or IW6, adjustments CF2 Children of CF1, adjustments, conditional IF2 Children of IF1, adjustments IH3 Children adopted abroad under the Hague Convention, new arrivals IH8 Children adopted abroad under the Hague Convention, adjustments IH4 Children to be adopted under the Hague Convention, new arrivals IH9 Children to be adopted under the Hague Convention, adjustments IR3 Orphans adopted abroad, new arrivals IR8 Orphans adopted abroad, adjustments IR4 Orphans to be adopted, new arrivals IR9 Orphans to be adopted, adjustments IR5 Parents of adult U.S. citizens, new arrivals IR0 Parents of adult U.S. citizens, adjustments IB5 Parents battered or abused, of U.S. citizens, new arrivals, self petitioning IB0 Parents battered or abused, of U.S. citizens, adjustments, self petitioning FAMILY PREFERENCE CATEGORIES Family members not included in the immediate relative class of admission may be eligible for immigration under family-sponsored preferences. These categories also allow for the beneficiary to bring derivative family members. Categories are organized by priority. More about family preference categories. A11 Unmarried Amerasian sons/daughters of U.S. citizens, new arrivals A16 Unmarried Amerasian sons/daughters of U.S. citizens, adjustments F11 Unmarried sons/daughters of U.S. citizens, new arrivals F16 Unmarried sons/daughters of U.S. citizens, adjustments B11 Unmarried sons/daughters of U.S. citizens, new arrivals, self petitioning B16 Unmarried sons/daughters of U.S. citizens, adjustments, self petitioning A12 Children of A11 or A16, new arrivals A17 Children of A11 or A16, adjustments F12 Children of F11 or F16, new arrivals F17 Children of F11 or F16, adjustments B12 Children of B11 or B16, new arrivals B17 Children of B11 or B16, adjustments F21 Spouses of alien residents, subject to country limits, new arrivals F26 Spouses of alien residents, subject to country limits, adjustments B21 Spouses of alien residents, subject to country limits, new arrivals, self petitioning B26 Spouses of alien residents, subject to country limits, adjustments, self petitioning C21 Spouses of alien residents, subject to country limits, new arrivals, conditional C26 Spouses of alien residents, subject to country limits, adjustments, conditional FX1 Spouses of alien residents, exempt from country limits, new arrivals FX6 Spouses of alien residents, exempt from country limits, adjustments BX1 Spouses of alien residents, exempt from country limits, new arrivals, self petitioning BX6 Spouses of alien residents, exempt from country limits, adjustments, self petitioning CX1 Spouses of alien residents, exempt from country limits, new arrivals, conditional CX6 Spouses of alien residents, exempt from country limits, adjustments, conditional F22 Children of alien residents, subject to country limits, new arrivals F27 Children of alien residents, subject to country limits, adjustments B22 Children of alien residents, subject to country limits, new arrivals, self petitioning B27 Children of alien residents, subject to country limits, adjustments, self petitioning C23 Children of C21, C22, C26, or C27, subject to country limits, new arrivals, conditional C28 Children of C21, C22, C26, or C27, subject to country limits, adjustments, conditional B23 Children of B21, B22, B26, or B27, subject to country limits, new arrivals B28 Children of B21, B22, B26, or B27, subject to country limits, adjustments F23 Children of F21, F22, F26, or F27, subject to country limits, new arrivals F28 Children of F21, F22, F26, or F27, subject to country limits, adjustments C25 Children of C24 or C29, subject to country limits, new arrivals, conditional C20 Children of C24 or C29, subject to country limits, adjustments, conditional B25 Children of B24 or B29, subject to country limits, new arrivals B20 Children of B24 or B29, subject to country limits,
Family Reunification Parole Processes (FRPP) Family Reunification Parole Process (FRPP) is a program established by the U.S. Citizenship and Immigration Services (USCIS) to reunify eligible family members of U.S. citizens and lawful permanent residents (LPRs) who are waiting for their immigrant visas. It’s designed to allow certain family members to come to the United States while they wait for their immigrant visas to become available, rather than waiting in their home countries. The FRPP allows the USCIS to grant parole on a case-by-case basis, usually for humanitarian reasons, to eligible family members who would otherwise face a significant waiting period before they can join their U.S. citizen or LPR relatives. The program primarily targets family members from countries with high demand for immigrant visas. It’s important to note that while FRPP can facilitate family reunification, it doesn’t grant permanent legal status in the United States, and beneficiaries must continue their immigration process to obtain lawful permanent residence. Noncitizens that come to the United States through this process will be paroled into the country on a temporary basis under INA §212(d)(5); 8 U.S.C. § 1182(d)(5). How will USCIS decide who is invited to request to enter the United States under the family reunification parole processes? This decision will be based on multiple discretionary factors, including the number of requests that can be efficiently processed and the amount of time a beneficiary may need to wait before an immigrant visa becomes available to them. Invitations will be sent on a rolling basis. Who is eligible for consideration for parole under the family reunification parole processes? The family reunification parole processes are available by invitation only to certain petitioners whose Form I-130, Petition for Alien Relative, filed on behalf of principal beneficiaries who are nationals of Colombia, El Salvador, Guatemala, or Honduras, have been approved. Invitations will identify the principal beneficiary and their immediate family members. This process allows U.S. citizen and lawful permanent resident petitioners to initiate a process for their eligible beneficiaries to be paroled into the United States while they wait for their family-based immigrant visas to become available. For more information, see the Eligibility section of www.uscis.gov/frp. How long is the period of parole under the family reunification parole processes? Individuals granted parole under these processes will generally be paroled into the United States for a period of up to three years, subject to applicable medical and vetting requirements. QUESTIONS RELATING TO SUPPORTERS AND FILING FORM I-134A How are invitations being issued?The Department of State’s National Visa Center (NVC) will email the invitation to petitioners at the email address of record for the approved Form I-130. If there is no email address of record, the NVC will mail the invitation to the petitioner’s mailing address of record. Please make sure the NVC has your current contact information and mailing address. To update your contact information or address, contact the NVC through their Public Inquiry Form. Invitations will be issued on a rolling basis, based on U.S. government operational capacity, the expected period of time until the principal beneficiary’s immigrant visa becomes available, and consistency to ensure process integrity. If you have not yet received an invitation, you may receive an invitation in the future. How can attorneys fill out Form I-134A for their clients who would like to request to be a supporter and initiate an FRP process on behalf of a beneficiary?There is no option at this time for an attorney or accredited representative to use an online representative account to file Form I-134A on behalf of a petitioner or submit travel authorization information on behalf of a beneficiary after confirmation of a Form I-134A. I am an attorney assisting a supporter with Form I-134A. If the petitioner fills out the preparer declaration on the form, can I get information about the petitioner or beneficiary?No. The preparer declaration simply reflects that you helped an individual complete the declaration (form filling). If you are an attorney or accredited representative, you must submit a Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, to USCIS if you wish to receive information about your client’s (petitioner’s) Form I-134A. We do not currently allow representatives to complete Form I-134A online on behalf of a petitioner using a representative account. However, a representative who has submitted a valid Form G-28 to USCIS separately through a representative account may inquire about their client(s)/supporter(s) case by contacting the USCIS Contact Center. Can I submit Form I-134A by paper?No. Form I-134A may only be filed online through your USCIS online account. Can I submit Form I-134A on behalf of my family member if I live outside the United States?No. The family reunification parole processes are available by invitation only to petitioners whose Form I-130, Petition for Alien Relative, filed on behalf of principal beneficiaries who are nationals of either Colombia, El Salvador, Guatemala, or Honduras, have been approved. The invitation will list the principal beneficiary and their immediate family members. At this time, invitations will not be sent to petitioners with addresses outside the United States. Is there a cost to file Form I-134A?No. There is no fee to file Form I-134A. Neither you nor the beneficiary is required to pay the U.S. Government a fee to file the Form I-134A, be considered for travel authorization, or parole. Beware of any scams or potential exploitation by anyone who asks for money associated with participation in this process. I want to submit Form I-134A on behalf of a family of 4. Can I file one Form I-134A for the entire family?No. You must file a separate Form I-134A for each beneficiary, including minor children. Can I agree to support more than one beneficiary?Yes. If you received an invitation, you may submit a separate Form I-134A for the principal beneficiary and a separate Form I-134A for each derivative beneficiary. There is no limit on how many beneficiaries you may agree to support, but we will determine whether you have the financial ability to support all beneficiaries you have agreed to support for the duration
Is A Cover Letter Required With My Submission to USCIS? USCIS does not require you to submit a cover letter for any immigration benefit or visa application. They are commonly used though for any formal submission and filings with USCIS are no exception. Law firms will always provide a cover letter with a filing as it has many benefits and is also just standard practice. What Is a USCIS Cover Letter? A cover letter is just a printed letter that helps USCIS officers navigate your application materials. You can place a cover letter at the top of your application, petition, or any other package of documents being submitted. You let the person opening the package know who it is intended for, what is inside, and who sent it making it less likely that it goes to the wrong place or there are other clerical errors. Further, by outlining your reasons for applying and the contents of your application in a cover letter, you give your USCIS officer a useful overview of your case. You can also use your cover letter like a checklist to make sure you’ve included all necessary documents in your package. In some cases, you may want to use a cover letter to explain any special circumstances you want the USCIS officer to be aware of before they start reviewing your application. If you have a unique or complicated background, it is especially helpful to supplement your application with a cover letter. It will ensure that USCIS becomes aware of any special circumstances and can consider your application with this in mind. What Should My USCIS Cover Letter Include? When submitting a cover letter with your application, be sure to include the following: What Supporting Evidence? Your supporting documents for an application will depend on which forms you’re filing. You can determine which documents are necessary by reviewing USCIS’ webpage for your specific form. For example, USCIS lists the required supporting evidence on its webpage for Form N-400 applicants. Other Information You’ll also need to identify the right mailing address for your application. To do so, you should consult the USCIS website. For example, naturalization applicants can review USCIS’s webpage for Form N-400 direct filing addresses. Your filing fees will depend on your specific application type. You can use the USCIS Fee Calculator to determine your costs. For example, suppose you are filing for naturalization with Form N-400. You should select Form N-400 on the Fee Calculator and enter your age. USCIS may ask for additional information, such as your specific application category. Keep your cover letter brief. Do not provide any explanation or extra information unless absolutely necessary. The cover letter and any supporting evidence must be in English (any supporting evidence that is not in English should be accompanied by a certified English translation). TEMPLATE: COVER LETTER TO USCIS
Form I-864A: https://www.uscis.gov/sites/default/files/document/forms/i-864a.pdf Official USCIS Instructions: https://www.uscis.gov/sites/default/files/document/forms/i-864ainstr.pdf Why Does a Household Member Complete Form I-864A? A household member completes this contract if the household member’s income and/or assets will be used to demonstrate the sponsor’s ability to meet the income requirements and to maintain the sponsored immigrant at an annual income at the level specified in INA section 213A(f)(l)(E) or section 213A(f)(3). If the Intending Immigrant Is a Household Member, Must He or She Complete This Contract? If you are the intending immigrant and the sponsor is including your income on Form I-864 to meet the eligibility requirements, you need to complete this contract only if you have accompanying dependents. If you are the intending immigrant and the sponsor is including only your assets on Form I-864, you do not need to complete this contract, even if you have accompanying dependents. Filing Fee: There is no filing fee to file Form I-864A with USCIS. Where do I file? This contract MUST be filed with Form I-864. Who completes this form? The sponsor and a household member complete and sign this form. If either the sponsor or the household member is under guardianship, the guardian of that individual’s estate (financial affairs) may sign the form. Principal Immigrant The principal immigrant must submit one original Form I-864 and Form I-864A for his or her file along with supporting financial evidence of the sponsor’s and household member’s income. A Form I-864 or Form I-864A is considered original if it is signed in black ink. The principal immigrant should submit photocopies of the completed Form I-864 and Form I-864A for each of the family members traveling with him or her. Copies of supporting financial documents are not required for the principal immigrant’s family members. Tips on completing Form I-864A SECTION WHAT TO DO Part 1 The household member completes this section. Part 1, Questions 6.a-7 The household member provides his or her Place of Birth and Social Security Number, if you have one. Part 2, Questions 1.a.-1.c. The household member indicates the relationship to the sponsor (or, if appropriate, the joint sponsor or substitute sponsor). Part 3, Questions 1.a.-2.And Part 4, Questions 1-3d The household member provides this employment information and current individual annual income. In the beginning of Part 5 The sponsor (or, if appropriate, a joint sponsor or substitute sponsor) must print their name and the number of intending immigrants being sponsored. This number should include all intending immigrants that were listed in Part 5, Questions 1.a-25 and those listed in Part 9, Additional Information (if any). Part 5 List only the intending immigrants that are being sponsored on Form I-864. Part 5, Questions 31.a.-31.b. The sponsor (or, as appropriate, a joint sponsor or substitute sponsor) must sign and date the form. The signature needs to be original (not a photocopy). Part 6, Questions 6.a-6.c The household member must print, sign and provide the date of signature in black ink. The signature needs to be original (not a photocopy). Supporting Documents Checklist The following items must be submitted with Form I-864A: For ALL sponsors: For SOME sponsors: FREQUENTLY ASKED QUESTIONS How do I calculate my household size? The Form I-864 asks for the financial sponsor’s household size. When calculating their household size, sponsors must include: A sponsor does not have to include people on other I-864s who have not yet immigrated to the United States. Who can be a Financial Sponsor? A financial sponsor, including a petitioner, must be at least 18 years old and either a U.S. citizen or a lawful permanent resident (LPR). The sponsor must also have a domicile (residence) in the United States. What are Poverty Guidelines? Petitioners must meet a minimum income level, called the Federal Poverty Guidelines, in order to financially sponsor a visa applicant. The Poverty Guidelines in effect on the filing date of an Affidavit of Support are used to determine whether the income requirement is met. You can find these guidelines on USCIS’s website. What happens if the petitioner doesn’t have enough income? Petitioners who cannot meet this level have two choices: 1) find a “joint sponsor” who will agree to also financially support the visa applicant, or 2) use the income of a household member to meet the Poverty Guidelines. These additional financial sponsors also have to submit an Affidavit of Support, proof of their income, and proof of their legal status in the United States. Remember: Even if a petitioner finds a joint sponsor or uses the income of a household member to financially sponsor a visa applicant, that petitioner must still submit an Affidavit of Support. Is a sufficient Form I-864 the only consideration for meeting any public charge issues at the time of the visa interview? No, consular officers also look at other public charge factors affecting the financial situation of both the financial sponsor(s) and the applicant. Age, health, education, skills, financial resources and family status of the applicant and the sponsor are factors. If the poverty guidelines change between the time the petitioner signed the Affidavit of Support and the issuance of an immigrant visa, must the petitioner/sponsor and joint sponsor, if required, submit a new Form I-864? No, the Form I-864 remains valid indefinitely unless evidence of failure to meet the poverty guidelines in effect on the date of I-864 filing arises. Can a credible offer of employment for the visa applicant replace or supplement an insufficient Affidavit of Support? No, the law does not recognize offers of employment in place of the Form I-864. A job offer may show ability of the applicant to overcome ineligibility as a public charge, but does not meet any I-864 requirement. How can a sponsor use assets to meet the minimum Federal Poverty Guidelines? If a sponsor’s income does not meet the minimum Federal Poverty Guidelines, he or she can submit the value of assets to make up the difference unless the sponsor is submitting a Form I-864EZ. When looking at income levels, the consular officer will look at the sponsor’s employment income first. Personal
If you file Form I-485, Application to Register Permanent Residence or Adjust Status, you typically must undergo an immigration medical examination and receive vaccinations against vaccine-preventable diseases. The examination must be done by a doctor who is designated by U.S. Citizenship and Immigration Services. USCIS designates certain doctors (known as civil surgeons) to perform the immigration medical examination required for most green card applicants. The civil surgeon that conducts your medical examination and review of your vaccination records will then prepare a Form I-693 which will serve as evidence of your compliance with this requirement. A NEW USCIS POLICY requires that an applicant for permanent residency submit a completed Form I-693 WITH their Form I-485 application for adjustment of status or the application will be rejected. WHO CAN PERFORM AN IMMIGRATION MEDICAL EXAMINATION AND COMPLETE THE FORM I-693? Immigration medical examinations conducted inside the United States must be performed by a civil surgeon who has been designated by USCIS. (Immigration medical examinations conducted outside the United States must be performed by a panel physician who is authorized by the Department of State.). For more information on immigration medical examination, see Form I-693, Report of Medial Examination and Vaccination Record and USCIS Policy Manual Guidance on Health- Related Grounds of Inadmissibility. HOW CAN I FIND A CIVIL SURGEON IN MY AREA to PERFORM THE MEDICAL EXAMINATION AND COMLETE THE FORM I-693? USCIS has a excellent tool on their website which allows you to search for civil surgeons by location and language spoken, so you can find a designated civil surgeon to complete your medical examination who is not only close to you but speaks your language. Further, you can narrow your search down by gender. This is a really great feature they added as it makes the unpleasant task of going to the doctor much more comfortable when you can pick a doctor in your neighborhood who you can communicate with easily…it’s a trip to the amusement park but it makes the process less uncomfortable. To find a designate civil surgeon in your area use the tool on the top of this webpage. What Exactly is the Examination? The immigration medical examination entails a review of your medical history and a physical examination. The civil surgeon will review your medical history and then perform a basic physical examination. As part of the physical examination the civil surgeon will test for communicable diseases such as tuberculosis, syphilis, and gonorrhea, depending on age, as required by the Centers for Disease Control and Prevention (CDC). After the immigration medical examination, the civil surgeon will complete the Form I-693 and seal the form in an envelope for you to submit to USCIS. They usually stamp the envelope across the fold to ensure the seal is not broken before it is submitted to USCIS. Be careful with the sealed envelope and before you leave the office ensure that it is completely sealed shut. USCIS will not accept the form if the envelope has been opened or altered. It is strongly recommended that you ask the civil surgeon for an extra copy of the completed Form I-693 for your personal records before the civil surgeon seals the original in the envelope. You can review that copy prior to submitting the sealed envelope, so if you notice the civil surgeon made any mistakes (spelling of your name, date of birth, etc.) you can go have it corrected so it will not delay your application. You can find all the details about the Form I-693 on the USCIS website at uscis.gov/i-693. WHAT TO BRING TO YOUR EXAMINATION Bring the following to your medical examination: Vaccination Requirements These Questions and Answers provide basic information about the general vaccination requirements for immigrants (this page does not address the vaccination assessments conducted by panel physicians overseas). For refugees applying for adjustment of status, health department physicians may complete only the vaccination record portion of Form I-693, Report of Medical Examination and Vaccination Record, as blanket-designated civil surgeons. WHAT VACCINATIONS AM I REQUIRED TO GET? Under the immigration laws of the United States, a noncitizen who applies for an immigrant visa abroad, or who seeks to adjust status to that of a lawful permanent resident while in the United States, is required to receive vaccinations to prevent the following diseases: NOTE: If a noncitizen applies for an immigrant visa abroad, that individual has to undergo an immigration medical examination conducted by a panel physician authorized by the U.S. Department of State (DOS). CDC issues separate instructions to panel physicians designated by DOS to conduct immigration medical examinations abroad. For more information about panel physicians, please consult CDC’s and DOS’s websites: Technical Instructions for Panel Physicians | CDC & Medical Examinations FAQs (state.gov). CDC publishes the vaccination requirements and immigration medical examination instructions (including a detailed table listing all required vaccines) at www.cdc.gov/immigrant-refugee-health/hcp/civil-surgeons/index.html. WILL IMMIGRATION FORCE ME TO GET ALL OF THESE VACCINATIONS? No. No Government agency will force you to get any vaccinations. It is your decision whether or not you wish to get vaccinated, however, should you choose not to get the required vaccinations then you will not be admitted to the US as a legal permanent resident–your application will be denied. HOW CAN MY APPLICATION BE DENIED BECAUSE OF VACCINATION RECORDS? Under the Immigration and Nationality Act (INA) section 212(a)(1)(A)(ii), a noncitizen who seeks admission as an immigrant or who seeks adjustment of status to that of a lawful permanent resident, who fails to show proof that they were vaccinated against vaccine-preventable diseases, is inadmissible and therefore ineligible for admission or adjustment of status. LEGAL AUTHORITY FOR IMMIGRATION VACCINATION REQUIREMENTS The legal foundation for this authority is found in Title 8: Aliens and Nationality and Title 42: The Public Health and Welfare of the U.S. Code (USC), and relevant supporting regulations at Title 42 Public Health in the Code of Federal Regulations (CFR). Title 8 of the U.S. Code: Aliens and Nationality Title 42 of the U.S. Code: The Public Health and Welfare Title 42 of the
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Sub Categories
How To Find Out What your employment authorization category code is USCIS EAD Category Code EAD Category Eligibility Description 180 Days Automatic Extension Eligibility A02 A lawful temporary resident pursuant to sections 245A or 210 of the INA No A03 Refugee Yes A04 Paroled as refugee No A05 Asylee (granted asylum) Yes A06 K1 non-immigrant fiancé(e) of US CitizenK2 child of K1 No A07 N-8 Parent of international organization employee granted permanent residenceN-9 Dependent Child of international organization employee granted permanent residence Yes A08 Citizen of Micronesia, the Marshall Islands or Palau admitted as a nonimmigrant Yes A09 K-3 nonimmigrant spouse of USCK-4 child of K-3 No A10 Granted Withholding of Deportation or Removal Yes A11 Deferred Enforced Departure (DED) A12 Temporary Protected Status (TPS) granted under 8 CFR 244.12 Yes A13 IMMACT Family Unity beneficiary(Section 301 of the Immigration Act of 1990) No A14 LIFE Act Family Unity beneficiary(Section 1504 of the Legal Immigrant Family Equity (LIFE) Act Amendments) No A15 V-1 Spouse of Lawful Permanent ResidentV-2 Minor unmarried child of Lawful Permanent ResidentV-3 Minor unmarried child of V-1 or V-2 No A16 T-1 nonimmigrant (victims of severe forms of trafficking) No A17 Spouse of E-1/E-2 Treaty Trader/InvestorSpouse of E-3 specialty occupation professional from Australia Yes*(*timely filing before I-94 expiry ) A18 L2 spouse of an L1 visa intracompany transfer Yes*(*timely filing before I-94 expiry ) A19 U1 nonimmigrant (victims of certain criminal activity) No A20 U-2 spouse of U-1 aliensU-3 children of U-1 aliensU-4 parents of minor U-1 aliens (16 or under)U-5 unmarried sibling under age 18 of U-1 alien under age 21 No C01 Dependent of A-1 or A-2 foreign government official No C02 Dependent of TECRO (Taipei Economic and Cultural Representative Office) E-1 Non-immigrant No C03A Pre-completion OPT F1 visa students No C03B Post-completion OPT F1 visa students No C03C 24-month extension for Science, Technology, Engineering, or Mathematics (STEM) OPT students No C03(ii) F-1 student offered off-campus employment under the Sponsorship of Qualifying International Organization No C03(iii) F-1 student seeking off-campus employment due to severe economic hardship No C04 Spouse or unmarried dependent child of G-1, G-3 or G-4 nonimmigrant (Representative of International Organization and their dependents) No C05 J-2 spouse or minor child of a J-1 exchange visitor No C06 M-1 student seeking practical training after completing studies No C07 Dependent of NATO-1 through NATO-7 nonimmigrant No C08 Asylum applicant (w/ pending asylum application) who filed for asylum on or after January 4, 1995 Yes C09 Adjustment of status applicant Yes C10 Suspension of deportation applicants (filed before April 1, 1997)Cancellation of Removal applicantsCancellation applicants under NACARA Yes C11 An alien paroled into the United States in the public interest or temporarily for emergency reasons No C12 Spouse of an E-2 Commonwealth of the Northern Mariana Islands (CNMI) investor; eligible for employment in the CNMI only No C14 Alien granted deferred action No C16 Registry applicant based on continuous residence since January 1, 1972 Yes C17(i) B1 nonimmigrant who is the personal or domestic servant of a nonimmigrant employer No C17(ii) B1 nonimmigrant domestic servant of a U.S. citizen No C17(iii) B1 nonimmigrant employed by foreign airline No C18 Alien with a final order of deportation/order of supervision; No C19 Temporary Protected Status applicant under 8 CFR 244.5 Yes C20 Alien who has filed a completed legalization application for special agricultural workers Yes C21 S visa non-immigrant No C22 Alien who has filed a completed legalization application under INA 245A Yes C23 Irish peace process (Q-2) C24 LIFE legalization applicant Yes C25 T-2 spouse of T-1, victim of traffickingT-3 child of T-1T-4 parent of T-1 (if T-1 is under age 21) No C26 Certain H4 Visa spouses of H1B holders, qualify for it. Check Apply H4 EAD Guide Yes*(*timely filing before I-94 expiry ) C27 Abused spouse of an A nonimmigrant No C28 Abused spouse of an E-3 nonimmigrant No C29 Abused spouse of a G nonimmigrant No C30 Abused spouse of an H nonimmigrant No C31 The principal beneficiary of an approved VAWA self-petitionQualified child of a beneficiary of an approved VAWA self-petition Yes C33 An alien who has been granted Deferred Action for Childhood Arrivals (DACA) No C35 The principal beneficiary of an approved employment-based immigrant petition facing compelling circumstances No C36 Spouse or unmarried child of a principal beneficiary of an approved employment-based immigrant petition facing compelling circumstances No
(c) Alien crewmen, aliens continuing or accepting unauthorized employment, and aliens admitted in transit without visa Other than an alien having an approved petition for classification as a VAWA self-petitioner, subsection (a) shall not be applicable to (1) an alien crewman; (2) subject to subsection (k), an alien (other than an immediate relative as defined in section 1151(b) of this title or a special immigrant described in section 1101(a)(27)(H), (I), (J), or (K) of this title) who hereafter continues in or accepts unauthorized employment prior to filing an application for adjustment of status or who is in unlawful immigration status on the date of filing the application for adjustment of status or who has failed (other than through no fault of his own or for technical reasons) to maintain continuously a lawful status since entry into the United States; (3) any alien admitted in transit without visa under section 1182(d)(4)(C) of this title; (4) an alien (other than an immediate relative as defined in section 1151(b) of this title) who was admitted as a nonimmigrant visitor without a visa under section 1182(l) of this title or section 1187 of this title; (5) an alien who was admitted as a nonimmigrant described in section 1101(a)(15)(S) of this title, (6) an alien who is deportable under section 1227(a)(4)(B) of this title; (7) any alien who seeks adjustment of status to that of an immigrant under section 1153(b) of this title and is not in a lawful nonimmigrant status; or (8) any alien who was employed while the alien was an unauthorized alien, as defined in section 1324a(h)(3) of this title, or who has otherwise violated the terms of a nonimmigrant visa. – INA 245(c) / Title 8-ALIENS AND NATIONALITY CHAPTER 12-IMMIGRATION AND NATIONALITY SUBCHAPTER II (Link to Full) These bars apply not only to unauthorized employment since an applicant’s most recent entry but also to unauthorized employment during any previous periods of stay in the United States. Employment-based applicants also may be eligible for exemption from this bar under INA 245(k). An applicant employed while his or her adjustment application is pending final adjudication must maintain USCIS employment authorization and comply with the terms and conditions of that authorization. The filing of an adjustment application itself does not authorize employment. OTHER LINKS https://web.archive.org/web/20160607145933/https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter6.html USCIS POLICY MANUAL Volume 7 Chapter 6 – Unauthorized Employment https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1255&num=0&edition=prelim My Attorney USA
§ 274a.12 Classes of aliens authorized to accept employment. (a) Aliens authorized employment incident to status. Pursuant to the statutory or regulatory reference cited, the following classes of aliens are authorized to be employed in the United States without restrictions as to location or type of employment as a condition of their admission or subsequent change to one of the indicated classes. Any alien who is within a class of aliens described in paragraphs (a)(3), (a)(4), (a)(6) – (a)(8), (a)(10) – (a)(15), or (a)(20) of this section, and who seeks to be employed in the United States, must apply to U.S. Citizenship and Immigration Services (USCIS) for a document evidencing such employment authorization. USCIS may, in its discretion, determine the validity period assigned to any document issued evidencing an alien’s authorization to work in the United States. (1) An alien who is a lawful permanent resident (with or without conditions pursuant to section 216 of the Act), as evidenced by Form I-551 issued by the Service. An expiration date on the Form I-551 reflects only that the card must be renewed, not that the bearer’s work authorization has expired; (2) An alien admitted to the United States as a lawful temporary resident pursuant to sections 245A or 210 of the Act, as evidenced by an employment authorization document issued by the Service; (3) An alien admitted to the United States as a refugee pursuant to section 207 of the Act for the period of time in that status, as evidenced by an employment authorization document issued by the Service; (4) An alien paroled into the United States as a refugee for the period of time in that status, as evidenced by an employment authorization document issued by the Service; (5) An alien granted asylum under section 208 of the Act for the period of time in that status, as evidenced by an employment authorization document, issued by USCIS to the alien. An expiration date on the employment authorization document issued by USCIS reflects only that the document must be renewed, and not that the bearer’s work authorization has expired. Evidence of employment authorization shall be granted in increments not exceeding 5 years for the period of time the alien remains in that status. (6) An alien admitted to the United States as a nonimmigrant fiancé or fiancée pursuant to section 101(a)(15)(K)(i) of the Act, or an alien admitted as a child of such alien, for the period of admission in that status, as evidenced by an employment authorization document issued by the Service; (7) An alien admitted as a parent (N-8) or dependent child (N-9) of an alien granted permanent residence under section 101(a)(27)(I) of the Act, as evidenced by an employment authorization document issued by the Service; (8) An alien admitted to the United States as a nonimmigrant pursuant to the Compact of Free Association between the United States and of the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau; (9) Any alien admitted as a nonimmigrant spouse pursuant to section 101(a)(15)(K)(ii) of the Act, or an alien admitted as a child of such alien, for the period of admission in that status, as evidenced by an employment authorization document, with an expiration date issued by the Service; (10) An alien granted withholding of deportation or removal for the period of time in that status, as evidenced by an employment authorization document issued by the Service; (11) An alien whose enforced departure from the United States has been deferred in accordance with a directive from the President of the United States to the Secretary. Employment is authorized for the period of time and under the conditions established by the Secretary pursuant to the Presidential directive; (12) An alien granted Temporary Protected Status under section 244 of the Act for the period of time in that status, as evidenced by an employment authorization document issued by the Service; (13) An alien granted voluntary departure by the Attorney General under the Family Unity Program established by section 301 of the Immigration Act of 1990, as evidenced by an employment authorization document issued by the Service; (14) An alien granted Family Unity benefits under section 1504 of the Legal Immigrant Family Equity (LIFE) Act Amendments, Public Law 106-554, and the provisions of 8 CFR part 245a, Subpart C of this chapter, as evidenced by an employment authorization document issued by the Service; (15) Any alien in V nonimmigrant status as defined in section 101(a)(15)(V) of the Act and 8 CFR 214.15. (16) Any alien in T-1 nonimmigrant status, pursuant to 8 CFR 214.11, for the period in that status, as evidenced by an employment authorization document issued by USCIS to the alien. (17)-(18) [Reserved] (19) Any alien in U-1 nonimmigrant status, pursuant to 8 CFR 214.14, for the period of time in that status, as evidenced by an employment authorization document issued by USCIS to the alien. (20) Any alien in U-2, U-3, U-4, or U-5 nonimmigrant status, pursuant to 8 CFR 214.14, for the period of time in that status, as evidenced by an employment authorization document issued by USCIS to the alien. (b) Aliens authorized for employment with a specific employer incident to status or parole. The following classes of aliens are authorized to be employed in the United States by the specific employer and subject to any restrictions described in the section(s) of this chapter indicated as a condition of their parole or of their admission in, or subsequent change to, the designated nonimmigrant classification. An alien in one of these classes is not issued an employment authorization document by DHS: (1) A foreign government official (A-1 or A-2), pursuant to § 214.2(a) of this chapter. An alien in this status may be employed only by the foreign government entity; (2) An employee of a foreign government official (A-3), pursuant to § 214.2(a) of this chapter. An alien in this status may be employed only by the foreign government official; (3)
On September 13, 2023, a Federal District Court in Texas issued a ruling in Texas v. United States declaring DACA unlawful. This Judge had previously come to the same conclusion and it was appealed to the Fifth Circuit Court of Appeals. The Court of Appeals found that he erred in making his first decision and remanded the case back to the Judge to make a new decision. The Judge reviewed the case differently this time but ultimately came to the same conclusion with the same results. This new decision has left many people with questions about DACA. The most frequently asked questions are answered below. SEPARATE FEES FOR DACA & EMPLOYMENT AUTHORIZATION USCIS indicated that it will no longer accept one bundled payment (check, money order, etc.) for all the forms included in your DACA renewal request. Be sure to include two separate checks: $410 for the I-765 $85 for the I-821D USCIS may reject the entire package if you include a combined check for $495. What is the status of DACA after the September 2023 Texas Decision? The status of DACA remains the same as it was before the 2023 decision. DACA renewals continue and will be processed for those who are eligible. DACA was implemented in 2012 through a memorandum issued by the Obama Administration. In 2021, a Texas Federal Court decision by this same judge found that the 2012 DACA policy was unlawful. This decision was appealed to the Fifth Circuit Court of Appeals who agreed with the Texas Court. In the summer of 2022, the Biden Administration announced a new DACA rule that codified the DACA policy into a federal regulation with the intent of further protecting the program from legal challenges. This new DACA rule resulted in the Fifth Circuit remanding the case back to the District Court in Texas to consider if the new DACA rule fixed the issues. The Texas Judge ruled, again, that DACA was unlawful. Will USCIS Process Renewals & New DACA Applications? No new DACA application will be approved at this time. The Court’s decision has blocked USCIS from approving any new DACA cases. Only renewals of those already approved were stayed by the Federal Court’s injunction. Who Can Renew You may request a renewal if you met the initial 2012 DACA guidelines and you: Please note, if you file after your most recent DACA period expired, but within one year of its expiration, you may submit a request to renew your DACA. If you are filing beyond one year after your most recent period of DACA expired, you may still request DACA by submitting a new initial request. When to Renew USCIS recommends that you submit your DACA renewal application 120 to 150 days before the date your current DACA and EAD expire. How to Renew
Workers who are experiencing a labor dispute at their worksite can notify DOL of the labor dispute and request that DOL submit a “Statement of DOL Interest” in support of a request to DHS for immigration-related prosecutorial discretion. USCIS will grant deferred action to victims of workplace labor violations in order to ensure that immigrant workers cooperate with investigators and report violations to ensure employers comply with regulations. You can find the DHS Policy Statement 065-06 detailing this policy, “Worksite Enforcement: The Strategy to Protect the American Labor Market, the Conditions of the American Worksite, and the Dignity of the Individual.” Requesters should send the request to statementrequests@dol.gov with the subject line “Request for Statement of DOL Interest.” In the emailed request, requesters are encouraged to provide enough information for the Department to identify the worksite that is the subject of the labor dispute. DOL may consider in responding to these requests, including but not limited to: • A description of the labor dispute and how it is related to the laws enforced by DOL; • A description of any retaliation or threats workers at the worksite may have witnessed or experienced related to labor disputes; and • A description of how fear among workers at the worksite of potential immigration-related retaliation or other immigration enforcement in the future is likely to deter workers from reporting violations related to the labor dispute to DOL or otherwise cooperating with DOL. As relevant, please specify the time, place, and manner of any such facts. What factors will the Department consider when deciding whether to provide a Statement of DOL Interest in a worksite’s labor dispute? DOL will assess each request on a case-by-case basis and in consideration of its specific enforcement needs. Factors that may be considered include, but are not limited to: • DOL’s need for witnesses to participate in its investigation and/or possible enforcement; • Whether DHS’s use of immigration-related prosecutorial discretion would support DOL’s interest in holding labor law violators accountable for such violations; • Whether workers are experiencing retaliation, threats of retaliation, or fear retaliation and/or may be “chilled” from reporting violations of the law or participating in DOL enforcement; • Whether immigration enforcement concerning workers who may be witnesses to or victims of a violation of laws within DOL’s jurisdiction could impede DOL’s ability to enforce the labor laws or provide all available remedies within its jurisdiction; • Likelihood that immigration enforcement could be an instrument used to undermine DOL’s enforcement of laws in the geographic area or industry and/or give rise to further immigration-based retaliation. The Department will weigh factors listed above based on the specific circumstances of the labor dispute. DOL may contact the requester with questions or for additional information necessary to evaluate the request More information is available on the NYS DOL Website. NYS DOL May Also Certify a Supplement B for a U Visa Applicant Requesting U Visa Certification from the NYS DOL The U Visa provides immigration status for victims of certain serious crimes, who have suffered substantial physical or mental harm, and are helpful to law enforcement, including the NYS DOL, in the detection, investigation, or prosecution of the criminal activity. The U Visa was created to encourage immigrants who may be wary of interacting with law enforcement to come forward and report when they have been a victim of a crime. U visa eligibility criteria can be found on the USCIS website U Visa page. An applicant must submit certification from a law enforcement agency establishing that they: