September 20th, 2022
- DHS Issues Notice of Extension of Venezuela for TPS
- October 2022 Visa Bulletin Shows Significant Retrogression for EB-2 India Category
- Final Rule Promises Noncitizens Seeking Health Benefits will not Face Immigration Consequences
- Becki Young & Sandra Grossman in DC Magazine Dynamic Women Spotlight
- Attorney at Law Magazine acknowledges Greg Sheehan joining GYH
- S. News & World Report acknowledges GYH Attorneys
- Denise Hammond named “Thought Leader” by Who’s Who Legal
- CLE: Immigration Law and Your Practice
Last week, the Department of Homeland Security (DHS) published guidelines for the previously announced 18-month extension of Temporary Protected Status (TPS) for Venezuela in the Federal Register.
Existing Venezuelan TPS beneficiaries will be required to re-register their status (by filing an I-821 with USCIS) within a 60-day period beginning September 8 and ending November 7, 2022. Existing beneficiaries will also be required to reapply for employment authorization documents (by filing an I-765 with USCIS) which will remain valid through March 10, 2024. The notice in the Federal Register also serves to automatically extend the validity of existing work authorizations for Venezuelan TPS beneficiaries through September 9, 2023.
Venezuelan individuals with currently pending TPS applications need not complete the re-registration process, and if their applications are approved, they will be granted TPS through the extended period.
Certain eligible Venezuelan nationals who meet at least one of the late initial filing criteria found at 8 CFR § 244.2 (f) and (g) may also continue to apply for TPS under this extension.
By, William Thompson, Legal Intern
October 2022 Visa Bulletin: Significant Retrogression for EB-2 India
The Department of State has released the Visa Bulletin for October 2022. The bulletin reveals a more than two-year retrogression in India’s employment-based immigrant EB-2 category Date for Filing – moving from December 1, 2014, to May 1, 2012. Due to the rapid forward movement of EB-2 cutoff dates for India throughout fiscal year 2022 under an “unprecedented” high employment limit, the Department has experienced a large increase in demand for this category of visa. This increase in demand (alongside a projected reduction in the number of available EB-2 visas for India in fiscal year 2023) has prompted the Department to move back the category’s Date for Filing in order to keep visa approvals within the maximum allowable limit over the course of the next fiscal year. The bulletin also reveals a heavy demand for “unreserved” immigrant investor EB-5 visas in both China and India which has similarly triggered retrogression in the China “unreserved” EB-5 category and the imposition of a final action cut-off date for the previously current India “unreserved” EB-5 category.”
Finally, USCIS announced it would shift to accepting adjustment-of-status applications based on the October 2022 Visa Bulletin Dates for Filing Chart, rather than the Final Action Dates Chart.
By, William Thompson, Legal Intern
Final Rule Promises Noncitizens Seeking Health Benefits will not Face Immigration Consequences
On September 15, 2022, DHS issued a final rule ensuring that non-citizens who receive or apply for public health benefits will not suffer immigration consequences. This significance of this rule relates to the way DHS will interpret the “public charge” grounds for inadmissibility when adjudicating citizenship applications. The controversial rule instructs immigration officials to use their discretion to deny green card applications and non-immigrant visa petitions for individuals it deemed likely to rely on public benefits such as public housing or food stamps. The Trump administration’s 2019 changes drastically expanded the definition of public charge from someone who is dependent on the government for subsistence to someone who is “more likely than not” to use certain public benefits in the future.
While the Biden administration officially stopped applying the 2019 public charge rule in March 2021, immigration advocates report the chilling effect of the Trump-era regulation remains. Many noncitizens remain afraid to seek the healthcare to which they are entitled for fear of immigration consequences. This rule seeks to alleviate that fear.
“Federal civil rights laws require that all people be afforded fair and just decisions when applying for health benefits and other supplemental government services, free of bias, stigma, and discrimination,” said Office for Civil Rights Acting Director Melanie Fontes Rainer. “Today’s rule sets up safeguards to help ensure that people with disabilities and older adults who are not U.S. citizens can access health care without fear. OCR will continue our robust enforcement of civil rights laws to ensure the rights of historically marginalized groups are upheld and defended.”
The final rule will take effect on December 23, 2022.
"Dynamic Women are fierce, committed and tenacious advocates who demand and obtain justice for their clients around the world."
GYH is proud to announce the inclusion of Co-Managing Partners, Becki Young and Sandra Grossman in DC Magazine's Dynamic Women spotlight! It is an honor to be featured alongside such remarkable women.
Attorney at Law Magazine acknowledges Gregory Sheehan joining GYH
On September 14th, Attorney at Law Magazine published a press release about GYH’s addition of Gregory Sheehan, Counsel, to the firm’s business immigration practice. Gregory Sheehan, who officially joined the firm in August, comes to GYH after eight years in various adjudicatory and supervisory roles at United States Citizenship and Immigration Services (USCIS).
“Our mission at GYH is transcending bordersSM through creative legal solutions,” says Becki Young, Co-Managing Partner. “Part of understanding and implementing the legal strategies most likely to secure positive outcomes is understanding the audience of adjudicators within USCIS. Gregory is an accomplished attorney who cut his professional teeth at USCIS, where he rose through the ranks, adjudicating a variety of case types, most recently, investment visa program applications. Gregory’s unique, first-hard insight is an invaluable asset to crafting the most effective and efficient legal strategies for our clients.”
“I have worked with many great minds while in US government, and I know this will continue at GYH,” says Sheehan. “I’m able to bring policy insight and management experience from private practice and USCIS operations into a climate of profound expertise. I look forward to being a part of this firm’s growth and continued service to their clients.”
We are proud to share that attorneys Sofia Hassander and Nikki Whetstone were included in Best Lawyers’ “Ones to Watch” 2023. Sofia and Nikki and join attorney Yeon Me Kim on this list, who also was included for the third year in a row.
Denise Hammond (Senior Counsel), Becki Young (Partner), and Sandra Grossman (Partner) were all also ranked again in the 2023 Best Lawyers in America® list. 2023 marks Denise Hammond’s 16th year of inclusion in Best Lawyers in America®.
GYH as a whole was listed as a Tier 1 Firm in the new 2023 Best Law Firms awards! Tier 1 recognition is reserved for the highest scoring firms during the annual review process.
Denise Hammond named “Thought Leader” by Who’s Who Legal
Senior Counsel, Denise Hammond, was selected for inclusion in the first edition of Who’s Who Legal’s Thought Leaders: USA 2023! The Who’s Who Legal research team surveyed over 50,000 lawyers to identify top U.S. legal experts.
While Denise has always been a thought leader for those of us here at GYH, we are delighted to see her recognized by her peers outside the firm. Congratulations, Denise!
Whose practice is impacted by immigration law? Every practice! Learn from a seasoned group of immigration attorneys about various employment-based, family-based, and humanitarian immigration options, including investor visas, extraordinary ability visas, national interest waivers, paths to citizenship, refugee/asylum law, deportation and removal, and the intersection of immigration law with family and criminal law. Speakers include GYH's own Becki Young, Rochelle Dramesi and David Morris
This CLE is free for members of the Bar Association of Montgomery County, MD ($120 for non-members)
Tuesday, September 27th | 5:30 pm – 8:30 pm
Immigration Law and Your Practice
For more information and online registration: https://lnkd.in/d_JezBzB
Categories: Transcending Borders Newsletter