Tag: Employment Authorization Documents

TPS and DED: Venezuela

March 11, 2021

 

Recently, Biden’s Secretary of Homeland Security Alejandro Mayorkas designated Venezuela for Temporary Protected Status (TPS). This allows Venezuelan nationals and individuals without nationality who last resided in Venezuela to file TPS applications. It is only open to individuals who can prove continued residence in the United States since March 8th, 2021. There will be a 180-day registration period. TPS will last 18 months, until September 5th, 2022. The decision comes in response to humanitarian concerns about the conditions in Venezuela. 

The announcement expands upon former president Donald Trump’s January 19th, 2021 memorandum, which deferred the removal of Venezuelan nationals for 18 months, through July 2022. Individuals eligible for this Deferred Enforced Departure are also eligible to apply for Employment Authorization Documents. The DED memorandum excludes those:

  • Who are inadmissible under Section 212(a)(3) of the Immigration and Nationality Act (INA) (8 U.S.C. 1182(a)(3)) or removable under Section 237(a)(4) of the INA (8 U.S.C. 1227(a)(4))
  • Who have been convicted of any felony or two or more misdemeanors committed in the United States, or who meet the criteria set forth in Section 208(b)(2)(A) of the INA (8 U.S.C. 1158(b)(2)(A))
  • Who are subject to extradition
  • Whose presence in the United States the secretary of Homeland Security has determined is not in the interest of the United States or presents a danger to public safety
  • Whose presence in the United States the secretary of State has reasonable grounds to believe would have potentially serious adverse foreign policy consequences for the United States

Read more information here: https://www.federalregister.gov/documents/2021/03/09/2021-04951/designation-of-venezuela-for-temporary-protected-status-and-implementation-of-employment 

Learn more about the filing process for an Employment Authorization Document here: https://www.uscis.gov/humanitarian/deferred-enforced-departure/ded-granted-country-venezuela 

 

Deferred Enforcement Departure for Certain Venezuelans

January 22, 2021

On the last day of his horrendous administration, disgraced Donald Trump did one kind act for some immigrants in the US: Venezuelans. He signed an Executive Order granting Deferred Enforcement Departure for certain Venezuelans. After such an order, USCIS should institute certain processes that allow Venezuelans to apply for this benefit, which will include an 18-months stop on on pending or future deportation actions. Also, eligible Venezuelans will be able apply for a work permit (or Employment Authorization Document) using some version of Form I-765. To date, USCIS has not posted any rules or procedures to execute this memo. Keep an eye on USCIS.gov for updates on this possible benefit for some Venezuelans.

To be eligible, the person would need to

  1. Be a national of Venezuela, or stateless person who last habitually resided in Venezuela
  2. Is present in the United States as of January 20, 2021
  3. Have not voluntarily returned to Venezuela or their country of last habitual residence outside the United States;
  4. Have continuously resided in the United States since January 20, 2021;
  5. Are not inadmissible under section 212(a)(3) of the Immigration and Nationality Act (INA) (8 U.S.C. 1182(a)(3)) or removable under section 237(a)(4) of the INA (8 U.S.C. 1227(a)(4))
  6. Have not been convicted of any felony or 2 or more misdemeanors committed in the United States, or who meet the criteria set forth in section 208(b)(2)(A) of the INA (8 U.S.C. 1158(b)(2)(A));
  7. Have not been deported, excluded, or removed, prior to January 20, 2021;
  8. Are not subject to extradition;
  9. Whose presence in the US is in the national interest;
  10. Who is not a danger to public safety;
  11. Whose presence poses no serious adverse foreign policy consequences for the United States.