Immigration Update – October 21, 2024

INSIDE THIS ISSUE

DHS Designates Lebanon for Temporary Protected Status, Announces Other Relief – The Department of Homeland Security announced several measures “to provide temporary immigration reprieve to eligible Lebanese nationals currently in the United States” and allow them to request work authorization, including Temporary Protected Status, Deferred Enforced Departure, and Special Student Relief.

DOL Debars Labor Contractor From H-2A Program for Three Years – The Department of Labor (DOL) has debarred Harvest Plus LLC, a farm labor contractor based in Kennewick, Washington, from participating in the H-2A temporary agricultural worker program for three years due to violations.

SAVE Provides Info on New ‘Military Parole in Place’ Admission Class – The Department of Homeland Security released information to SAVE user agencies about documentation and the SAVE verification process for individuals who are paroled in the United States with the new Military Parole in Place class of admission for certain U.S. military service members and their families.

USCIS Will Dispose of SAVE Records More Than 10 Years Old – SAVE agency users with the Superuser role have until January 16, 2025, to download case information from the Historic Records Report if they want to retain information about SAVE cases with records dated on or before December 31, 2013.

DHS Announces Restrictions on Flights Carrying Travelers From Rwanda – The Secretary of Homeland Security has directed all flights to the United States carrying persons who have recently traveled from, or were otherwise present within, Rwanda to arrive at one of three designated international airports: Chicago O’Hare, John F. Kennedy, or Washington-Dulles. The directive is related to an outbreak of Marburg Virus Disease.

Back to Top

DHS Designates Lebanon for Temporary Protected Status, Announces Other Relief

The Department of Homeland Security (DHS) announced several measures “to provide temporary immigration reprieve to eligible Lebanese nationals currently in the United States” and to allow them to request work authorization, including Temporary Protected Status (TPS), Deferred Enforced Departure (DED), and Special Student Relief:

Temporary Protected Status

DHS has designated Lebanon for Temporary Protected Status (TPS) for 18 months “due to ongoing armed conflict and extraordinary and temporary conditions in Lebanon that prevent nationals of Lebanon from returning in safety.” Those approved for TPS will be able to remain in the United States while it is “in discussions to achieve a diplomatic resolution for lasting stability and security across the Israel-Lebanon border.”

The TPS designation will allow Lebanese nationals (and individuals having no nationality who last habitually resided in Lebanon) who have been continuously residing in the United States since October 16, 2024, to file initial applications for TPS if they are otherwise eligible.

USCIS said that more information about TPS, including how to apply for employment authorization, will be included in a Federal Register notice that DHS “intends to publish in the next few weeks. Individuals should not apply for TPS” until the notice is published.

Deferred Enforced Departure

U.S. Citizenship and Immigration Services (USCIS) also posted a Federal Register notice establishing procedures for Lebanese nationals covered by President Biden’s July 26, 2024, grant of Deferred Enforced Departure (DED) to apply for Employment Authorization Documents that will be valid through January 25, 2026.

Special Student Relief

DHS also announced Special Student Relief for F-1 nonimmigrant students whose country of citizenship is Lebanon or who have no nationality and last habitually resided in Lebanon. Eligible students may request work authorization, work an increased number of hours while school is in session, and reduce their course loads while continuing to maintain F-1 status through the DED designation period.

USCIS said that approximately 11,000 Lebanese nationals will likely be eligible for DED and TPS. Approximately 1,740 F-1 nonimmigrant students from Lebanon in the United States may be eligible for Special Student Relief.

Back to Top

DOL Debars Labor Contractor From H-2A Program for Three Years

The Department of Labor (DOL) has debarred Harvest Plus LLC, a farm labor contractor based in Kennewick, Washington, from participating in the H-2A temporary agricultural worker program for three years. DOL found that the employer “provided workers with unhealthy living conditions; transported them in unsafe vehicles driven by people without licenses or proper permits; withheld wages and made illegal pay deductions; told workers to falsify documents to mask violations of federal regulations; and denied U.S. workers access to jobs.”

Specifically, DOL’s Wage and Hour Division (WHD) found that Harvest Plus violated H-2A program requirements by:

• Housing H-2A workers in unsafe, overcrowded conditions in moldy motel rooms.
• Failing to reimburse H-2A workers for inbound and outbound transportation costs between their home countries and Washington.
• Allowing drivers without permits or licenses to transport workers in dangerous, dilapidated vehicles with broken or missing seatbelts and lights and inadequate seats.
• Making unlawful pay deductions not stated in job orders, including for laundry expenses.
• Failing to provide a copy of work contracts and not stating job orders’ actual terms and conditions.
• Giving preference when contracting H-2A workers and failing to contact U.S. workers employed previously.

WHD also learned that Harvest Plus tried to require workers to work beyond the H-2A certification periods and outside the period of allowed employment.

WHD assessed the employer $252,475 in civil penalties.

Back to Top

SAVE Provides Info on New ‘Military Parole in Place’ Admission Class

The Department of Homeland Security (DHS) released information to Systematic Alien Verification for Entitlements (SAVE) user agencies about documentation and the SAVE verification process for individuals who are paroled in the United States under the new Military Parole in Place class of admission (MIL COA) for certain U.S. military service members and their families. Individuals with this COA can be paroled in one-year increments.

Parolees with the MIL COA may present one or more of the following:

• A copy of their electronic Form I-94, Arrival/Departure Record, from the U.S. Customs and Border Protection website at i94.cbp.dhs.gov, which will include a COA of MIL;
• Paper Form I-94 with a COA of MIL; or
• Form I-766, Employment Authorization Document (EAD), with a C11 parole category. Note: MIL parolees are not employment-authorized incident to their parole. They must apply for and receive an EAD to be employment authorized.

Back to Top

USCIS Will Dispose of SAVE Records More Than 10 Years Old

U.S. Citizenship and Immigration Services (USCIS) announced that beginning on January 17, 2025, the agency will dispose of SAVE records more than 10 years old. This affects records dated on or before December 31, 2013.

USCIS said that SAVE agency users with the Superuser role have until January 16, 2025, to download case information from the Historic Records Report if they want to retain information about those SAVE cases. For information and guidance on downloading this report, see the SAVE Instructions to Download Historic Records Report Tip Sheet.

Back to Top

DHS Announces Restrictions on Flights Carrying Travelers From Rwanda

The Secretary of Homeland Security has directed all flights to the United States carrying persons who have recently traveled from, or were otherwise present within, Rwanda to arrive at one of three designated international airports: Chicago O’Hare, John F. Kennedy, or Washington-Dulles. The directive is related to an outbreak of Marburg Virus Disease.

The Departments of Homeland Security and Health and Human Services (HHS), including the Centers for Disease Control and Prevention, and other agencies are implementing enhanced public health measures at the three U.S. airports, which receive the largest number of travelers originating from Rwanda.

The directive considers a person to have recently traveled from Rwanda if they departed from, or were otherwise present in, Rwanda within 21 days of the date of the person’s entry or attempted entry into the United States, excluding crew and flights carrying only cargo.

Back to Top