September 25th, 2023
On September 20th, The Department of Homeland Security (DHS) announced the extension and redesignation of Venezuela for Temporary Protected Status (TPS) for 18 months. TPS was extended based on Venezuela’s increased instability and enduring humanitarian, security, political, and environmental hazards.
The redesignation will offer temporary legal status to an estimated 470,000 Venezuelan migrants in the United States. According to The Washington Post, this is the largest expansion of TPS to date.
GYH has extensive experience handling applications for TPS. Contact us to schedule a consultation.
I-9 and E-Verify Guidance for Those Affected by the Hawaii Wildfire
On September 5th, United States Citizenship and Immigration Services (USCIS) issued a fact sheet with Form I-9 and E-Verify guidance for those affected by the recent and tragic wildfire in Hawaii. The guidance explains:
- Employees who need to replace lost, stolen or damaged documents to complete Form I-9 should visit the Immigration Relief in Emergencies or Unforeseen Circumstances
- New employees (or employees who need to be reverified) whose documentation was lost, stolen or damaged may present a receipt showing they have applied for a replacement document. The receipt is valid for 90 days.
- Employers affected by the 2023 Hawaii wildfire must recreate new Forms I-9 for current employees if the employee’s original Form I-9 was damaged or destroyed in the 2023 wildfire. Employers must annotate the Additional Information field for recreated Forms I-9 to read: “Original Form I-9 destroyed in 2023 Hawaii wildfire; replacement created MM/DD/YYYY.”
Consult the guidance for a more detailed explanation of the requirements.
Take Action: The Asylum Seeker Work Authorization Act
The American Immigration Lawyers Association (AILA) and 26 of its partners released a one-pager about the Asylum Seeker Work Authorization Act, a bipartisan bill that would allow workers with pending asylum applications to get work permits sooner.
“Businesses across the nation are struggling with unprecedented worker shortages, especially in the hospitality and manufacturing industries. At the same time, people in the United States pursuing asylum want to work but face unnecessary bureaucratic delays in obtaining work permits. Under current law, asylum applicants must wait for at least 6 months after they have applied for asylum to receive a work permit. Unfortunately, USCIS is experiencing massive case processing backlogs, which can make this waiting period much longer. It is not unusual for people to have to wait for eight months to a year or more to receive their work permits. During this time potential employers are left in limbo, with economic losses for both them and asylum applicants.”
The bill would reduce the wait time for a work permit for asylum applicants from 180 days to 30 days. It would also reduce the amount of renewal applications business and individuals have to file while their asylum application is pending. You can support this important legislation by contacting your congressional representatives. Take action now.
The European Travel Information and Authorization System, known as ETIAS, is the Schengen equivalent to the United States’ Electronic System for Travel Authorization or ESTA. ETIAS was initially expected to go into effect in 2021 but was later delayed until 2023. Currently, the launch is expected in 2024. An exact date has yet to be announced, but the expectation is that there will be news on timing at the end of 2023, according to the European Commission Migration and Home Affairs. More information about the ETIAS program can be found on the official ETIAS website: https://travel-europe.europa.eu/etias_en
The Diversity Visa (“DV”) Program, also known as the green card lottery, first began in 1990. The program awards up to 55,000 immigrant visas per year to people from countries with low immigration rates to the United States. The purpose of this lottery is to provide an opportunity for immigration for people from underrepresented countries.
DOS has now issued all visas available as part of the 2023 Diversity Visa Program. What’s next? Attorney Harisa Henderson explains.
What’s Going on with DACA?
On September 13, 2023, a federal judge in Texas rejected the continuity of the DACA program after several tries from the Biden administration to save the program. Our legal Intern Andrea Santini explains the latest development in the DACA saga.
As of the time of this publication, none of the 12 required spending bills to fund the government beyond September 30, 2023, have been approved by Congress, nor have they been signed by President Biden. Without the passage of these appropriations bills or an agreement on a temporary continuing resolution (CR), federal agency funding is at risk of expiring at midnight (Eastern Time) on October 1, 2023. This potential funding lapse could lead to a partial government shutdown affecting certain government agencies. Attorney Valerie Mahoney explains the impact a government shutdown would have on immigration and immigration-related agencies.
Many noncitizens ask whether they qualify for an O-1A visa for persons of “extraordinary ability” in the sciences, education, business, or athletics. Of course, it all depends on your evidence. In this article, Senior Counsel Denise C. Hammond explains what clients can do to help their immigration lawyers prepare the most extraordinary O-1A Extraordinary Ability petitions.
Immigrant & Nonimmigrant Visas for Golf Professionals – Webinar
GYH Attorneys Becki Young, Meg Hobbins, and Sofia Hassander presented a webinar detailing the immigrant and nonimmigrant visa options available to professionals in the golf industry - including players, trainers, caddies, and beyond. Of course, these visa options are available to a variety of athletes, professionals, and students. This webinar covers: B, E, F, H, O, P visas and green cards, issues with inadmissibility, and other complex immigration situations.
View the recording and slides here.
Extraordinary Ability Visa Options – Webinar
Becki Young, Partner, and Aurore le Roy de la Chohiniere, Law Clerk & French Trainee Attorney, presented a webinar outlining the various extraordinary ability visa options. The U.S. has multiple immigration options available for foreign nationals of “extraordinary ability” in a wide array of categories from arts to STEM to sports. For employers whose employees missed the H-1B cap or those frustrated with U.S. visa options, extraordinary ability visas may be worth exploring. Some of these visa categories require a U.S. employer sponsor while others allow self-sponsorship. This webinar explains the various immigration pathways for foreign nationals with outstanding careers, special skills, and formidable aspirations.
View the recording and slides here.
Video: Steps to Complete I-9 Verification of a Remote Employee
Attorney Harisa Henderson explains the way the I-9 employment verification process is changing to accommodate the growing popularity of remote and hybrid work. DHS recently announced an alternative process for verifying employment for remote workers, only available to qualifed employers. This video outlines, step-by-step, how an employer can verify a remote employee while staying compliant.
View the video here.
Video: R-1 Premium Processing Update
Senior Attorney Yeon Me Kim provides an update about United States Citizenship and Immigration Services (USCIS)'s R-1 premium processing practice. She details the welcome news that USCIS is no longer requiring an onsite inspection before granting premium processing for R-1 petitions.
View the video here.
Business Immigration Trainings for HR Professionals
Did you know? GYH offers comprehensive business immigration trainings to HR departments and companies including topics such as nonimmigrant visas, green card options, and I-9 compliance. We tailor the training to meet your needs. Reach out today for more information!
GYH Formalizes Collaboration with Interpol Expert Dr. Ted R. Bromund
Grossman Young & Hammond’s International Protection Practice is pleased to announce its collaboration with Dr. Ted R. Bromund of Bromund Expert Witness Services. Dr. Bromund is a preeminent expert on INTERPOL abuse and will be a great asset to GYH’s Red Notice practice.
You can view the full press release here.
GYH Welcomes Attorney Valerie Mahoney
Recently, Valerie Mahoney transitioned to the role of Attorney in the firm’s business immigration practice! Valerie has been a dedicated member of the firm’s legal team since 2021, serving as a Paralegal Specialist on a wide variety of employment-based and family-based matters. She has experience managing cases in various industries, such as pharmaceuticals, technology, financial services, hospitality, and real estate, among others.
Christian González Chacón, along with his colleague Alfredo Ortega Franco, recently represented the president-elect and vice president-elect of Guatemala, Bernardo Arévalo de León, and Karin Herrera Aguilar, before the Inter-American Commission on Human Rights (IACHR). Christian and Alfredo presented the IACHR with evidence of two plots to harm the two Guatemalan officials. The IACHR granted the request for precautionary measures and ordered the Guatemalan State to adopt all necessary measures to protect the life and personal integrity of the president-elect and vice president-elect. The IACHR additionally instructed Guatemala to investigate the origins of the criminal plans to threaten the lives of the beneficiaries. The resolution can be found here: res_48-23_mc_574-23 _gt_es.pdf (oas.org).
Please contact us for a consultation if you are interested in seeking relief before the Inter-American Commission on Human Rights.
GYH Recognized by Best Lawyers in America®
- The firm was ranked Tier-1 both nationally and in Washington, D.C. for the practice of Immigration Law.
- Denise Hammondwas honored to be awarded 2024 Lawyer of the Year in Immigration, Washington DC!
- Meg Hobbinsand Adriana Robinson were also listed for the first time this year in The Best Lawyers in America®! Denise Hammond, Becki Young and Sandra Grossman were also included again in this prestigious list.
- Four attorneys - Patrick Taurel, Sofia Hassander, Yeon Me Kimand Nikki Whetstone – were recognized in the 2024 edition of Best Lawyers: Ones to Watch® in America.
Categories: Transcending Borders Newsletter