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In a last-minute change, the White House announced an extension of the Deferred Enforced Departure (DED) of Liberians until March 30, 2020. Prior to today’s announcement, the wind-down for DED was March 31, 2019.

Citing foreign policy interests of the United States, the extension was granted with direction for the Congress to consider “remedial legislation.” The Presidential Memoranda directs the Secretary of Homeland Security to take certain actions for implementation (see above link for details).

Please watch this space for further updates.

For more on Liberia, click here. For more on temporary protected status (TPS), click here.

˘ Not admitted to the practice of law

On Sept. 22, 2016, Secretary of Homeland Security Jeh Johnson extended the temporary protected status (TPS) designation for Guinea, Liberia, and Sierra Leone through May 20, 2017.  The TPS designations for these countries were extended for six months to allow for the “orderly transition” of its citizens back home.  Guinea, Liberia, and Sierra Leone were originally granted TPS designation for 18 months because of the Ebola virus outbreak in late 2014 in West Africa.  After reviewing country conditions and consulting with appropriate U.S. government agencies, Secretary Johnson “determined that conditions in Guinea, Liberia, and Sierra Leone no longer warrant TPS designation,” since the Ebola virus outbreak has ended.

To facilitate the orderly transition, the TPS for citizens of these countries will be automatically extended until May 20, 2017, without the need for filing a Form I-821 with U.S. Citizenship and Immigration Services (USCIS).  The work authorization (EAD) for these citizens will be automatically extended until May 20, 2017, as well.

While TPS benefits will end effective May 21, 2017, citizens of these countries will be allowed to retain any other lawful immigration status that they obtained while holding TPS status.  If any citizens of these countries currently do not hold another immigration status, these individuals have the additional six-month extension to prepare for their departure from the United States or to apply for and obtain alternative immigration benefits. Employers that employ citizens of these countries who are working on a TPS-related EAD should consider using this time to determine whether these individuals may be eligible for an employment-based visa.  If eligible, employers can then submit petitions on behalf of these individuals as soon as possible in an attempt to avoid any interruption in employment authorization since USCIS is taking several months to review and approve employment-based visa petitions.

Finally, employers should consider alerting all company representatives responsible for the completion of the I-9 process about this development, as employers may often be unsure about how to complete and/or reverify the I-9 form for individuals holding TPS work authorization. Employers must accept a TPS-related EAD that is expired on its face if it nevertheless remains unexpired based on an automatic extension of the EAD by Department of Homeland Security.

For a link to the applicable Federal Register outlining the extension of TPS benefits and employment authorization for citizens of these countries, please click here:  Guinea; Liberia; Sierra Leone.

In November 2014, the Secretary of Homeland Security Jeh Johnson designated Temporary Protected Status (TPS) for Liberia, Guinea, and Sierra Leone for 18 months due to the outbreak of Ebola Virus in West Africa. Today, Secretary Johnson extended the TPS designations of Liberia, Guinea, and Sierra Leone for an additional six months from May 22, 2016, through Nov. 21, 2016, due to lingering effects of the Ebola Virus outbreak.

Eligible nationals from Liberia, Guinea, and Sierra Leone who are granted TPS cannot be removed from the U.S. They can also apply for an employment authorization document (EAD) to work in the United States and authorization to travel outside the United States. While TPS is a temporary benefit that does not lead to permanent resident status, TPS registration does not prevent an individual from applying for nonimmigrant status in the U.S., filing for adjustment of status based on an immigrant petition, or applying for any other immigration benefit.

Current TPS beneficiaries from Liberia, Guinea, and Sierra Leone who wish to extend their status must re-register from March 22, 2016, through May 23, 2016. This involves submission of a Form I-821, Application for Temporary Protected Status (re-registrants are not required to pay the Form I-821 application fee); Form I-765, Application for Employment Authorization (but re-registrants are only required to pay the application fee if they want an EAD); and the biometrics services fee. Individuals with a pending initial TPS Liberia, Guinea, or Sierra Leone application are not required to submit a new Form I-821.

This six month extension also allows TPS beneficiaries to apply for a new EAD with an expiration date of Nov. 21, 2016. To allow for seamless work authorization, USCIS will also automatically extend current TPS Liberia, Guinea, and Sierra Leone EADs with a May 21, 2016 expiration date for an additional six months.

Aug. 18, 2015, is the deadline for eligible nationals of Liberia, Guinea, and Sierra Leone to register for Temporary Protected Status (TPS), which runs from Nov. 21, 2014 through May 21, 2016. Our prior alert includes detailed information on eligibility and the registration process.

Individuals who are granted TPS benefits cannot be removed from the United States on grounds that the U.S. government has determined that conditions in their home country are unsafe. Individuals holding TPS may make a separate application to obtain an employment authorization document (EAD) to work in the United States, and they obtain travel authorization to travel outside the United States. The granting of TPS does not, however, result in or lead to permanent resident status. Individuals with a criminal background or who pose a threat to national security are not eligible for TPS.

As published in the Federal Register today, the initial registration period for Temporary Protected Status (TPS) designation was extended for Guinea, Liberia, and Sierra Leone nationals currently living in the United States.  Specifically, the initial registration period previously ran from November 21, 2014 to May 20, 2015; however, through the Federal Register notice, the registration period is now extended for an additional 90 days, from May 21, 2015 to August 18, 2015.  This action was taken after the Secretary of Homeland Security, Jeh Johnson, determined that affected individuals required more time to submit their applications.  Individuals who submitted applications after the May 20, 2015 deadline may now resubmit their complete applications by August 18, 2015.

Individuals who are granted TPS benefits cannot be removed from the United States on grounds that the U.S. government has determined that conditions in their home country are unsafe.  Individuals holding TPS may make a separate application to obtain an employment authorization document (EAD) to work in the United States, and they obtain travel authorization to travel outside the United States.  The granting of TPS does not, however, result in or lead to permanent resident status.  Individuals with a criminal background or who pose a threat to national security are not eligible for TPS.

U.S. Citizenship and Immigration Services announced that certain Liberian nationals who hold Employment Authorization Documents (EADs) with an expiration date of September 30, 2014, pursuant to the Deferred Enforced Departure (DED), will receive an automatic extension of work authorization through to March 30, 2015. For I-9 purposes, employers should except EADs for affected Liberians that are expired on their face, but have been automatically extended by this announcement. During this six-month period when eligible Liberian nationals’ EADs are automatically extended, affected individuals must apply for a renewal of their EADs by filing Form I-765 with USCIS. Once the automatic extension of affected EADs expires, employers must reverify an employee’s employment authorization in Section 3 of the I-9. The employee may choose to present his or her new EAD, or any document from List A or C of Form I-9 that shows he or she continues to be authorized to work in the United States.

Update:  USCIS extends its closure to June 4.

With the spread of COVID-19 and the attempt to prevent its spread, in addition to the travel bans in place by the President, U.S. government agencies are starting to shut down.  Furthermore, other countries are starting to follow suit and shut its borders in an attempt to contain the virus.

USCIS announced on April 3, 2020, that it will shut all its field offices, Application Support Centers, and asylum offices until at least May 3. This will affect procedures such as biometrics, adjustment of status interviews, oath ceremonies, etc. USCIS will still continue to provide emergency services. Those who had appointment notices will receive a new appointment notice for their schedule appearances. Please visit the USCIS website for more information.

There is no update yet regarding the closures of Service Centers, which process immigrant and nonimmigrant petitions.

U.S. Consulates and Embassies Closures

Due to the concern of COVID-19 spread, U.S. consulates and embassies around the world are beginning to either close, or severely limit its services. The current trend is that most U.S. consulates or embassies will close very soon. Please check with the location where you have an appointment before attending to confirm whether it is still offering services, or staying open. As of this date, the following have either closed, or have limited services, and we include the below list which is not comprehensive. Please check each consulate’s specific website.

Europe

  • United Kingdom
  • Ireland
  • France
  • Italy
  • Spain
  • Belgium
  • Greece
  • Germany
  • Hungary
  • Norway
  • Poland
  • Sweden
  • Switzerland
  • Albania
  • Andorra
  • Austria
  • Azerbaijan
  • Belarus
  • Bosnia
  • Bulgaria
  • Croatia
  • Cypress
  • Czech Republic
  • Denmark
  • Estonia
  • Finland
  • Iceland
  • Latvia
  • Liechtenstein
  • Lithuania
  • Netherlands
  • Romani
  • Russia
  • Serbia
  • Slovakia
  • Ukraine

Central America/ Americas

  • Mexico
  • Costa Rica
  • Panama
  • Barbados
  • Belize
  • Dominican Republic

Asia

  • Japan
  • Hong Kong/ Macau
  • India
  • Vietnam
  • South Korea
  • China
  • Armenia
  • Iraq
  • Israel
  • Kazakhstan
  • Kuwait
  • Kyrgyzstan
  • Lebanon
  • Oman
  • Qatar
  • Saudi Arabia
  • Tajikistan
  • Turkey
  • Turkmenistan
  • UAE
  • Uzbekistan

Africa

  • Algeria
  • Morocco
  • Nigeria
  • Togo
  • Tunisia
  • Zimbabwe
  • Rwanda
  • Gabon
  • Gambia
  • Benin
  • Burkina Faso
  • Dem Rep of Congo
  • Ethiopia
  • Ghana
  • Lesotho
  • Liberia
  • Malawi
  • Senegal
  • Sierra Leone
  • South Africa
  • Sudan

Pacific

  • Australia
  • Philippines
  • Indonesia
  • Malaysia

South America

  • Chile
  • Ecuador
  • Bolivia
  • Peru
  • Brazil
  • Paraguay
  • Colombia
  • Argentina
  • Venezuela

International Travel Considerations

The U.S. State Department has just issued an alert warning against ANY international travel for U.S. citizens.  Along with the United States, other countries are also putting travel restrictions in place. To check whether there are any issues with leaving the United States and entering another country, access the U.S. State Department Website.

shutterstock_443232061_778x360By notice published in the Federal Register on Jan. 17, 2017, the Department of Homeland Security (DHS) announced that it will extend the Temporary Protected Status (TPS) for nationals of Somalia (and for individuals without nationality who last habitually resided in Somalia) for an 18-month period from March 18, 2017, through Sept. 17, 2018. Those individuals who wish to extend their TPS status must re-register during a 60 day registration period: Jan. 17, 2017, to March 20, 2017.

Somalia became a TPS designated country on Sept. 16, 1991, and TPS has been renewed based on the country’s continuing armed conflict and conditions (both extraordinary and temporary) that prevent Somali nationals from returning to Somalia in safety. Individuals who are granted TPS benefits cannot be removed from the United States on grounds that the U.S. government has determined that conditions in their home country are unsafe, such as environmental disasters and ongoing armed conflict, as well as other temporary conditions that are deemed extraordinary. Individuals holding TPS may make a separate application to obtain an employment authorization document (EAD) to work in the United States and they may obtain travel authorization to travel outside the United States. The granting of TPS does not, however, result in or lead to permanent resident status. Individuals with a criminal background or who pose a threat to national security are not eligible for TPS. Other countries that have had TPS designation include: El Salvador, Guinea, Honduras, Liberia, Nepal, Nicaragua, Sierra Leone, South Sudan, Syria, and Yemen. For more information, please visit:   USCIS TPS webpage.

 

*Not admitted to the practice of law.

Israel’s Foreign Ministry instructed its consulates around the world to withhold visas from citizens of Liberia, Sierra Leone and Guinea because of concerns about Ebola. In addition, the Ministry directed consulates to avoid issuing visas to individuals who have traveled to the three countries.

As we reported last week, Canada and Australia have taken similar steps and have stopped granting visas to travelers from Liberia, Sierra Leone and Guinea. So far the United States has not imposed a ban on travel to or from the stricken countries. Instead, the United States has implemented enhanced passenger screening.