The Department of Homeland Security (DHS) Secretary, Janet Napolitano, has determined that an 18-month designation of Temporary Protected Status (TPS) for Haiti is warranted due to the devastating earthquake and aftershocks which occurred on Jan. 12, 2010. As a result of the earthquake, Haitians who live in the United States are unable to return safely to their country. DHS will continue to work with other branches of the U.S. Government to closely monitor developments in Haiti to determine the need for additional action.

U. S. Citizenship and Immigration Services (USCIS) will process immigration applications for TPS filed by nationals of Haiti (and other individuals without nationality who last habitually resided in Haiti). Additional information was published in the Federal Register on Jan. 21, 2010 announcing the Secretary’s decision to designate TPS for Haiti. DHS estimates that approximately 100,000 to 200,000 individuals will be eligible for TPS.

Questions and Answers

Q. What is Temporary Protected Status?

TPS is granted by the Secretary of Homeland Security to eligible nationals of a certain country (or persons without nationality who last habitually lived in that country) who have experienced temporary negative conditions, such as armed conflict, environmental disaster, or extraordinary and temporary conditions, that prevent nationals of the country from returning safely or for the country to handle their return adequately. TPS allows for beneficiaries to remain in the United States and legally work for a set time period until they can safely return home. (See Section 244 of the Immigration and Nationality Act (INA), 8 U.S.C. § 1254a.)

Q. I am a Haitian national; and currently I cannot return to Haiti due to the earthquake and would like to apply for TPS. Am I eligible to apply for TPS?

To qualify, you must:

• Be a national of Haiti, or a person without nationality who last habitually resided in Haiti;

• Have continuously resided in the United States since Jan. 12, 2010.

• Have been continuously physically present in the United States since the date of the Federal Register Notice publication, which will be Jan. 21, 2010.

• Meet certain immigrant admissibility requirements, and other TPS eligibility requirements (See INA § 244(c), 8 U.S.C. § 1254a and 8 C.F.R. §§ 244.2 – 244.4)

• Satisfactorily complete all TPS application procedures as described in the Federal Register notice announcing Haitian TPS, the TPS application instructions (Form I-821), and regulations at 8 C.F.R. §§ 244.6 – 244.9.

Q. If I am a student or have another immigration status, can I also apply for TPS?

A.  Yes.  If you are eligible, you may have TPS in addition to your other status.

Q. Who is a Haitian national?

A.  Section 101(a)(21) of the INA defines a “national” as “a person owing permanent allegiance to a state.”  USCIS also looks to Haitian law to determine who meets the definition of a national.  Haiti’s constitution states “any person born of a Haitian father or Haitian mother who are themselves native-born Haitians and have never renounced their nationality possesses Haitian nationality at the time of their birth.”  A person can also acquire Haitian citizenship through naturalization under Haitian law.  There are circumstances under which a Haitian can lose his or her citizenship, such as voluntary renunciation of Haitian citizenship.  You will be accepted as a Haitian national for TPS purposes if you provide documentary support that satisfactorily demonstrates you meet the criteria for such a national as defined by Haitian law.  If you have any questions as to whether you are a Haitian national, USCIS encourages you to contact a consulate or embassy of Haiti, and obtain private legal assistance, where necessary.

Q. When can I submit my initial application for TPS?

A.  The registration period began on Jan. 21, 2010, the date the Federal Register Notice is published, and continues through January 18, 2011. You must file during the registration period and your application must be postmarked on or before the last day of the registration period.

Q. How do I apply for TPS?

A.  You must register for TPS by filing both an Application for Temporary Protected Status, Form I-821, and an Application for Employment Authorization, Form I-765, with any appropriate fees (see table below) or fee waiver requests, and supporting documentation.

Applicant Age	I-821 Fee	Biometrics Fee	Requesting EAD	I-765 Fee	I-821 & I-765 Fee Total
< 14	$50	-	Yes	$0	$50
< 14	$50	-	No (You still must file the I-765)	$0	$50
14 – 65	$50	$80	Yes	$340	$470
14 – 65	$50	$80	No (You still must file the I-765)	$0	$130
66+	$50	$80	Yes	$0	$130
66+	$50	$80	No (You still must file the I-765)	$0	$130

PLEASE NOTE:
You must use the Form I-821 version dated Oct. 17, 2007 or later and the Form I-765 version dated May 27, 2008 or later. Failure to use these versions of the forms may result in rejection of your applications.
You must take care in filling out the forms and ensure that all questions are answered. Failure to completely answer any questions may result in a delay of case processing. Please see the separate document on “Tips for Filing Form I-821″.

Q. Where can I obtain the necessary forms for TPS?

A.  TPS forms are available by calling the toll-free USCIS Forms Hotline (800) 870-3676 or by selecting Forms on the USCIS Web site.

Q. What if I cannot afford to pay for filing and/or biometrics fees?

A.  If you are unable to pay the fees, you may request a fee waiver for the TPS application fee (Form I-821), the Employment Authorization Document (EAD) application fee (Form I-765) and the biometrics fee. You may also request a fee waiver for the application for a waiver of a ground of inadmissibility (Form I-601), if your case requires such a waiver. The fee for an application for an advance parole travel document (Form I-131) is non-waivable. To apply for a fee waiver, you must submit a written statement, made under oath, affirmation, or pursuant to 28 U.S.C. 1746 containing the statement:  “I declare under penalty of perjury that the foregoing is true and correct,” requesting a fee waiver(s) and stating the reasons why you are unable to pay the filing fee(s) or the separate biometrics fee. This statement must be on the request.  If it is not, the request will be denied.  You must also state which specific fees you are requesting to be waived in your sworn statement.

The signed written statement and any supporting documentation must be submitted along with your benefit application(s).Your fee waiver request must explain why you are unable to pay the fees and also include:

• Any evidence that you are receiving a federal or state means-tested public benefit (e.g., Medicaid, food and nutrition benefits (SNAP program), housing assistance, etc.),*

• Your monthly Gross Income from all sources for each of the three months prior to the filing of the fee waiver request,

• A list of all assets owned, possessed or controlled by you or your dependents,

• Your monthly essential expenditures , including any extraordinary expenses (e.g., high medical bills), for each of the three months prior to the filing of the fee waiver request,

• A list of your dependents in the United States, their address and relationship to you, and any income earned or received by your dependents,

• Any evidence of humanitarian considerations (e.g., disability, age, homelessness, unemployment),* and

• Any other information that you believe supports your inability to pay the fees that you would like waived.

*The starred items are not mandatory requirements, however such evidence will be given significant weight in determining your eligibility for a fee waiver.

Q. What type of basic supporting documentation must I submit?

A.  The filing instructions for Form I-821 list all the documents needed to establish basic eligibility for TPS. In addition to your applications, you must submit:

• Two color passport-style photographs of yourself;

• Evidence that you are a national of Haiti or a person with no nationality who last habitually resided in Haiti.  (See responses to questions below for examples of documentation that may be submitted to demonstrate that you meet this requirement for TPS).

• Evidence that you have continuously resided in the United States since January 12, 2010; and have been continuously physically present in the United States since Jan. 21, 2010, the date of the publication of the Federal Register Notice (such as letters from your current and former employers showing where you have worked, rent receipts, payroll stubs, bank statements, school records, or any other documents you may have showing your continuous physical presence and residence in the United States.)

Depending on the nature of the questions you are addressing in the Form I-821, you may also need to submit written explanations of certain answers.  Please read the instructions to the Form I-821 carefully.

Q. What is acceptable evidence of Haitian nationality?  What if I cannot get the documentation proving that I am a Haitian national due to the devastation in my country?

A.  There are many different types of documents you can submit to us proving you are a Haitian national, such as a copy of your Haitian passport, a copy of your Haitian Identity Card, a copy of your Haitian naturalization documentation, a copy of your birth certificate, copies of your Haitian school records (if you have them), your baptismal certificate, or nationality documentation issued by a Haitian Embassy or Consulate in the U.S. These are examples of primary evidence. In some instances, additional evidence showing that one of your parents is a Haitian national may be required if it is not clear from the totality of the documentation you provided that you or a parent is Haitian.  This is because under Haiti’s law, an individual must have been born to a Haitian national parent in order to be a Haitian national himself or herself, or the individual must be a naturalized Haitian. Some Haitian TPS applicants will have a passport or a Haitian Identity Card, but we recognize that the earthquake in Haiti will prevent some applicants from being able to obtain a passport or certain other documents.  Please note that you can submit a copy of your Haitian passport to us, even if it has expired. If you do not have any primary evidence of your Haitian nationality, then you can submit secondary evidence, such as affidavits from friends or family members who have close personal knowledge of the date and place of your birth and your parents’ nationality.  The person making the affidavit should include information about how he or she knows you or is related to you, and how he or she knows the details of the date and place of your birth. If you are unable to submit primary evidence of your nationality, several reliable secondary source documents will often help the adjudicator to confirm your nationality.

Please also note that any document that is not in English must be accompanied by a complete word-for-word English translation.  The person translating the document must certify that he or she is competent in English and the foreign language from which the document is being translated and that the translation is true and correct to the best of his or her ability, knowledge and belief.

If you are a person with no nationality who last habitually resided in Haiti, you must submit a statement explaining why you are stateless and any documentation you may have from Haiti showing that you last habitually resided there.

Q. What is an example of a person of no nationality who last habitually resided in Haiti?

A.  An example of a person with no nationality is someone who is stateless. An individual can become stateless in a number of different ways, such as when the foreign country where the person previously held nationality no longer exists and there is no successor state or the person’s nationality has been cut off by their own state. This situation does not occur very often in the TPS context.

If you are stateless and you last habitually resided in Haiti, you need to include with your TPS application an explanation of how you became stateless, along with documents showing that Haiti was your last habitual, or regular, place of residence.  Since a stateless person is not likely to have any passport at all, it would also be helpful for your explanation to include details on the date of entry to the U.S. and the manner of arrival. While we understand the difficulties associated with obtaining documents from Haiti, we encourage anyone who is claiming to be a person without nationality who last habitually resided in Haiti to submit copies of whatever documents you may have at this time. If no documents are available at all to you, you may submit affidavits from other persons who have close personal knowledge of your habitual residence in Haiti and lack of nationality.

Q. How do I prove continuous physical presence and continuous residence in the United States?

A.  There are a number of different types of documents that you can submit to prove that you have continuously resided in the United States since January 12, 2010, and that you have been continuously present in the United States since Jan. 21, 2010, the effective date of the designation of Haiti for TPS.  For example, you can submit job letters from your current and former employers showing where you have worked, rent receipts, payroll stubs, bank statements, school records, or any other documents you may have showing your continuous physical presence and continuous residence in the United States.  You may see a listing of many other examples of documents that you may submit to show residence and continuous presence in the regulations at 8 C.F.R. § 244.9(a)(2).

Q. Where do I submit my TPS package applications?

A.  This information is available in the Federal Register Notice published on Jan. 21, 2010. Electronic filing is not available for initial TPS registrations.

If you live in…	Mail your application to:
The state of Florida	USCIS P.O. Box 4464 Chicago, IL 60680-4464 For Express mail and courier deliveries: USCIS Attn: Haiti TPS 131 South Dearborn, 3rd Floor Chicago, IL 60603-5520
The state of New York	USCIS P.O. Box 660167 Dallas, TX 75266-0167 For Express mail and courier deliveries: USCIS Attn: Haiti TPS 2501 S. State Hwy. 121 Business, Suite 400 Lewisville, TX 75067
All other states	USCIS P.O. Box 24047 Phoenix, AZ 85074-4047 For Express mail and courier deliveries: USCIS Attn: Haiti TPS 1820 E. Skyharbor Circle S Suite 100, Phoenix, AZ 85034

Q. What should I do if I am scheduled for an appointment at the Application Support Center (ASC) but am unable to make my appointment?

A.  If you are unable to make your scheduled appointment, it is possible for you to reschedule, however this may result in processing delays. If you fail to appear for your ASC appointment without rescheduling, or if you repeatedly miss scheduled ASC appointments, your TPS application could be denied for abandonment.

Q. How do I reschedule my ASC appointment for biometrics?

A.  To request rescheduling of an ASC appointment, please make a copy of your appointment notice to retain for your records, then mail the original notice with your rescheduling request to the ASC address listed on the notice. You should submit your request for rescheduling as soon as you know you have an unavoidable conflict on your scheduled ASC date. A new appointment notice will be sent to you by mail.  Please note that rescheduling a biometrics appointment may cause the adjudication of your applications to be delayed.

Q. How long will it take to process my case, and can I request expedited processing if I have an emergency?

A.  Please understand that USCIS considers this caseload to be a priority due to the emergency situation resulting from the earthquake. We are treating each TPS application as an urgent matter and are making every effort to ensure that each applicant receives the quickest possible response. We ask that applicants be as patient as possible as we work hard to process each application in a timely manner.

To ensure that your application is filed properly, it is very important for you to:

Read the “Tips for Filing Form I-821, Application for Temporary Protected Status” before you file your application. This document may be found on the Forms page at USCIS.gov.

• Fill out the entire application and sign.

• Include the correct fees. If you are requesting a fee waiver for a fee that can be waived (ONLY for the Form I-821, Form I-765, the Biometrics fees, and the Form I-601 ONLY), please make sure you submit a properly documented fee waiver request.  By regulation, a fee waiver is not available for Form I-131 for advance parole. For information about paying filing and biometric fees, see the “Paying Immigration Fees” link on the Forms page at  USCIS.gov.

• Include all the required documents.

• Make sure that the address you indicate on your application for correspondence is correct and up to date.

Contact USCIS National Customer Service Center if you move while your application is pending. Call Customer Service at 1-800-375-5283 right away to report the address change. You may also change your address online.
Respond quickly to any requests for evidence if we ask you for additional information or documents.
Appear for your scheduled biometrics appointment.

Q. What steps does my TPS application go through?

A.  Once you file, your case will undergo several steps along the way.  It is important to understand what these steps are so you can monitor the progress along the way and know when and how to ask for help.  These steps are: Intake, ASC Appointment Scheduling and Biometrics Capture, and Adjudication.

1. Intake: When you file your TPS application with the Lockbox facility, the Lockbox facility will review your application for completeness and for the proper fee or a properly documented fee waiver request.  If your case meets the basic acceptance criteria, your application will be received into our system and you will receive a receipt notice.  If there is an emergent humanitarian travel need, you may request expedited processing on your advance parole application, (Form I-131) after intake and after you have appeared at an ASC for your biometrics appointment.    Please note the travel warnings further below.   If you do not received your receipt notice within 3 weeks of filing,, you can call Customer Service at 1-800-375-5283 to request assistance.

2. ASC Scheduling Appointment and Biometrics Capture: After your application has been accepted, you will be scheduled for an appointment at an ASC for your biometrics capture.  Due to the large volume of TPS applications, it may take longer to receive an ASC appointment at some ASC facilities where there are extremely large Haitian populations, such as Florida.  We are making every effort to address this situation to avoid these delays.

3. Adjudication: USCIS will review your case initially to determine whether you are eligible for an Employment Authorization Document (EAD), if you have requested one, prior to a final decision on your TPS application.  If eligible, you will receive an EAD after you have appeared for your biometrics appointment at an ASC. USCIS is making every effort to avoid backlogs at this stage that would hinder meeting this goal, but we urge you to remember that the volume of applications in the first few months is expected to be very high.

After this initial review of your TPS application, USCIS will complete final adjudication of your request for TPS.  During this phase, we may ask you for additional documents to establish your eligibility for TPS. If you receive a request for evidence (RFE) or an intent to deny, it is extremely important that you respond immediately to avoid processing delays and possible denial, simply for failure to respond timely. USCIS will issue you notice of your TPS grant or denial upon completion of your case.  If one of the grounds of inadmissibility that may be waived applies to you, USCIS will give you an opportunity to submit Form I-601 to request a waiver.  Please submit this form within the time frame specified in the USCIS notice, or your case will be denied.

Q. Will I receive authorization to work?  What documents do I use as proof of employment authorization?

A.  After you file your Forms I-765 and I-821, and pay the appropriate fees (or you are granted a fee waiver), USCIS will review your applications to make a preliminary assessment of your eligibility for TPS. If eligible, your applicant for employment authorization will be approved and an EAD will be mailed to you.

You may present your valid EAD to an employer as proof of employment authorization and identity. You may also present any other legally acceptable document or combination of documents listed on the Form I-9 as proof of identity and employment eligibility.

Q. I am a national of Haiti and arrived in the United States after Jan. 12, 2010. Am I eligible for TPS?

A.  No. To be eligible for benefits, nationals of Haiti (or persons having no nationality who last habitually resided in Haiti) must have continuously resided in the United States since January 12, 2010.

Q. If I resided in the United States before Jan. 12, 2010, but was temporarily out of the country on either Jan. 12, or on Jan. 21, when the TPS designation became effective, or both dates, am I eligible for TPS?

A.  You must demonstrate with supporting documentation that you have both continuously resided in the United States since Jan. 12, 2010, and have been continuously present since Jan. 21, 2010, the effective date of the TPS designation for Haiti. However, a “brief, casual and innocent absence” from the United States will not break continuous residence or presence.

Such an absence is defined as an absence from the United States of short duration, reasonably calculated to accomplish the purpose(s) for the absence; the absence was not the result of an order of deportation, order of voluntary departure, or an administrative grant of voluntary departure without deportation proceedings; and the purposes for the absence from the United States were not contrary to law. 8 C.F.R. § 244.1. Therefore, if you have resided in the United States since Jan. 12, 2010, but you were out of the country for any period of time covering that date or later, then you must submit supporting evidence demonstrating that your period of absence from the United States meets the criteria for a “brief, casual and innocent absence.”  There is no set amount of time that defines such an absence and each case will be determined on its own merits.  An applicant who demonstrates that his absence from the United States was due merely to a brief temporary trip abroad required by emergency or extenuating circumstances outside of his or her control also does not break continuous residence.  See id.

Q. Can I use TPS as a basis for obtaining permanent resident status?

A.  No. TPS is a temporary benefit that does not lead to lawful permanent resident status or confer any other immigration status.

Q. May I apply for another immigration benefit while registered for TPS?

A.  Yes. Registration for TPS does not prevent you from applying for nonimmigrant status, filing for adjustment of status based on an immigrant petition, or applying for any other immigration benefit or protection for which you may be eligible.

Q. How does an application for TPS affect my application for asylum or other immigration benefits?

A.  An application for TPS does not affect an application for asylum or any other immigration benefit and vice versa. Denial of an application for asylum or any other immigration benefit does not affect your ability to register for TPS, although the grounds of denial of that application may also lead to denial of TPS. (For example, an individual that has been convicted of an aggravated felony is not eligible for asylum or TPS.)

If you have been granted TPS and have a family or an employment-based petition approved on your behalf and a priority date that is current, you can only adjust status in the United States if you were inspected and admitted, or paroled, and (with few exceptions) have maintained lawful status while in the United States. If you entered the United States illegally or fell out of a legal status before or after having TPS, you may be ineligible to adjust status in the United States. For adjustment purposes, the time that a person is in TPS is considered as a period of lawful non-immigrant status, but merely having TPS does not “cure” all other periods of time before and after TPS when the person may not have had lawful status.

Q. May I ask for permission to travel while my TPS application is pending or after I have been granted TPS?  If I violate the terms and conditions of my TPS or have been in the U.S. without lawful status before TPS and then leave the U.S., will I be able to come back?

A.  You may request advance parole by filing a Form I-131 together with your TPS application or separately at a later date. Advance parole, if granted, will permit you to travel abroad.  We will adjudicate your advance parole application after you have appeared at an ASC for your biometrics appointment. If you apply for advance parole at a later date, be sure to include copies of your receipt notices for your Forms I-821and I-765, if they are pending, and if you have an approval notice(s), please include it as well.

You cannot receive a fee waiver for Form I-131. The fee for Form I-131 is $305. If you decide to travel, either while your TPS application is pending, or after it is approved, you should also understand and consider the important travel warning below when making your travel plans. If you travel while your TPS application is still pending and USCIS requests additional information from you, this could result in processing delays or denial for abandonment if you fail to respond to the request within the time required. You could also be found ineligible for TPS for other reasons while you are out of the country, and then you may not be permitted to re-enter.

TRAVEL WARNING: If you have been unlawfully present in the United States and then you leave, even on an approved advance parole document, you may become inadmissible for three (3) or ten (10) years, depending on how much unlawful presence you had before you left. In addition, you may become ineligible for certain other benefits in the future that you may seek, such as permanent resident status. We encourage you to read and understand the travel warning on Form I-131 before you ask for advance parole, regardless of whether you have been granted TPS. Before requesting advance parole for travel, you may also want to seek legal advice if you have been unlawfully present in the U.S. for any period of time.

Q. What might make me ineligible for TPS?

A.  You might be ineligible for TPS if you:

• Have been convicted of any felony, or two or more misdemeanors committed in the United States;

• Are found inadmissible as an immigrant under applicable grounds in INA, section 212(a);

• Are subject to several other criminal and security-related bars to asylum. These include, but are not limited to, participating in the persecution of another individual or engaging in or inciting terrorist activity.

Q. Do I need to file Form I-601 with my TPS application?

A.  You are not required to file Form I-601 with your TPS application.  If you are found inadmissible under a ground that can be waived under the TPS program, you will be instructed to File Form I-601, Application for Waiver of Inadmissibility. If you are unable to pay the filing fee for Form I-601, you may request a fee waiver, according to the guidance provided in this Q and A.

Q. What will be the process for detained individuals to apply for TPS?

A.  Detained and non-detained Haitian nationals (and persons with nationality who last habitually resided in Haiti) received notice of their opportunity to apply for TPS via notice from the Federal Register.  Those individuals eligible to apply for TPS may also receive notice during their immigration proceedings.

Detained individuals may also request legal assistance in completing their TPS forms from the representatives included on the local immigration legal provider lists that ICE regularly gives aliens in proceedings. In addition, free legal assistance providers may be found on the U.S. Department of Justice’s website.

Q. I am in the United States on an order of removal, am I eligible to apply for TPS?

A.  Yes.  Haitian nationals (and persons without nationality who last habitually resided in Haiti) with final orders of removal who are still in the United States may apply for TPS. However, whether an applicant is granted TPS depends on the applicant meeting all the eligibility criteria for TPS. Some Haitians were ordered removed on the basis of criminal grounds that will also disqualify them from receiving TPS. USCIS encourages Haitians with final orders of removal and those in removal proceedings to seek legal assistance regarding their TPS eligibility.

Q. Will information and supporting documentation submitted with a TPS application be kept confidential?  Will it be shared with ICE?

A.  The information contained in a TPS application and supporting documentation cannot be released to a third party requester except under court order or with the written consent of the individual. However, third party requesters do not include the individual, the individual’s representative, representatives of the Department of Justice, or other federal or state law enforcement entities (including DHS).  Information in the application and supporting documents may be used for purposes of enforcement of the Immigration and Nationality Act (INA) or any criminal laws. Along with USCIS, ICE and U.S. Customs and Border Protection (CBP) are federal agencies within DHS that enforce the INA, therefore those agencies can have access to the TPS application and supporting documents.

Q. I am a Haitian national who has applied for TPS and recently moved. How do I make sure my address is current?

A.  Most non- U.S. citizens who are in the United States are required by law to notify DHS of any change of address within 10 days after moving to a new address. To notify DHS of your change of address, you must file a Form AR-11, Change of Address. The Form AR-11 can now be completed electronically on our website at www.uscis.gov.

If you are one of the few individuals not legally required to provide a change of address, you should still keep your address current if you have filed any application or petition with us and it is still pending a decision. This will ensure that you receive any notices or decisions from us. To notify us of your change of address you can call the USCIS National Customer Service Center at 1-800-375-5283 or you can file the Form AR-11, Change of Address. Form AR-11 can now be completed electronically on our website at www.uscis.gov

Q. Can I appeal a denial of my TPS application?

A.  Yes, if USCIS denies your application you may either file a Motion to Reopen or an appeal. You may file your motion or appeal by submitting an Appeal of Motion, Form I-290B. The fee for filing a Form I-290B is $585, however you may request a fee waiver if you are unable to pay.  If your case is denied, we recommend that you consult with an accredited legal representative to determine whether it would be better for you to pursue an appeal or a motion.  If you have been placed in removal proceedings, you may request that the immigration judge adjudicate your TPS request anew. This is called requesting de novo review by the immigration judge.  If an immigration judge denies your request for TPS, you may file an appeal with the Board of Immigration Appeals (BIA).

Q. I have been granted TPS by an Immigration Judge (IJ) or the Board of Immigration Appeals (BIA).  Can I receive employment authorization from USCIS?

A.  If you have been granted TPS by an IJ or the BIA, you may receive employment authorization by filing Form I-765, Application for Employment. You must follow the procedures below for notifying USCIS through a specially designated e-mail address for IJ and BIA grants of TPS.

PLEASE NOTE: Do not request an EAD if you are currently in proceedings and have not yet been granted TPS. Only request an EAD after an IJ or BIA grants you TPS.

Q. Can I receive a travel authorization based on a grant of TPS by an IJ or the BIA?

A.  If you have been granted TPS by an IJ or the BIA, you may receive travel authorization by filing Form I-131, Application for Travel Document.  You must follow the procedures below for notifying USCIS through a specially designated e-mail address for IJ and BIA grants of TPS.

PLEASE NOTE: Do not request a travel authorization if you are currently in proceedings and have not yet been granted TPS. Only request a travel authorization after an IJ or BIA grants you TPS.

Q. How do I notify USCIS that I have been granted TPS by an IJ or the BIA?

A.  If an IJ or the BIA granted you TPS, you must provide USCIS with proof of the TPS grant (such as a final order from the IJ or final decision from the BIA) when you file for your first TPS benefit (such as an EAD or travel authorization). You should also submit a copy of the I-821 TPS application that the IJ or the BIA approved.

If you are applying for employment authorization, you must File Form I-765 with required fee(s) or fee waiver request. You must also submit a cover sheet that states “DO NOT REJECT – TPS GRANTED BY IJ/BIA.”  File your Form I-765 at the appropriate filing location based on the state where you live, as provided in answer 12 above.  If you previously applied for TPS with USCIS and were denied, please make sure to explain that the IJ or BIA granted you TPS based on the I-821 that USCIS previously denied (known as de novo review or “new” review), make sure to explain on your cover sheet that you were granted de novo review.

If you are filing for a travel authorization, you must file Form I-131 with required fee or fee waiver request.  File your Form I-131 at the appropriate filing location based on the state where you live, as provided in answer 12 above.

After following the instructions above, we will send you a receipt notice (Form I-797). When you get the receipt notice, you must immediately send an email to the Service Center that will adjudicate your application.

If your receipt notice starts with the letters “LIN,” email the Nebraska Service Center at Tpsijgrant.nsc@dhs.gov.

If your receipt notice starts with the letters “WAC,”  email the California Service Center at Tpsijgrant.csc@dhs.gov.

Your email must include the following information:

• Your name

• Your date of birth

• Your A-number

The date the IJ or BIA finally granted you TPS. (Note: To be final, your IJ order granting TPS must not be subject to further appeal, or your BIA decision granting TPS must not be subject to further review.)
The email addresses are only for individuals granted TPS by an IJ or the BIA who are requesting an EAD or travel authorization. The email addresses are not for individual case status inquires.

Q. Where can I receive additional information?

A.  For additional information please visit the ‘Temporary Protected Status’ page and ‘Haiti Earthquake Response’ page on the column on the left . You many also contact the USCIS National Customer Service Center at: 1-800-375-5283 or 1-800-767-1833 (TTY).

Q. Will the ASCs capture biometrics on all Haitian TPS applicants who go to an ASC, with or without adequate identity documents?

A.  Yes.  Every TPS applicant, regardless whether they have presented adequate evidence of their identity or nationality, will have their biometrics captured at an ASC.   This will increase customer service and facilitate the overall TPS process by eliminating delays in capturing biometrics and providing one-stop processing for most TPS applicants.

Q. What will happen at an ASC when an applicant is unable to produce sufficient documentation to confirm his/her identity?

A.  The applicants will have the opportunity to talk with an Immigration Services Officer (ISO) to explain their documentation or why they have no documentation of their identity, or to provide any evidence they may have available that could establish their identity.  In the past, applicants were turned away when they were unable to produce sufficient documents. Now, applicants will have the opportunity to explain why they do not have sufficient or any documents. This process enhancement will mitigate delays and minimize the number of cases that will need to be scheduled for an interview at a local USCIS office.

Q. Will USCIS be able to issue EADs within 90 days for all TPS applicants even if a high volume of applicants file a TPS application?

A.  Yes, for eligible applicants.  And even for applications where we need additional information and issue a Request for Evidence (RFE), our goal is to issue those RFEs with enough time to receive the information from the applicant and allow us to issue the EAD quickly. However, an applicant’s failure to provide the agency with the information requested in the timeframe indicated in the RFE may jeopardize the issuance of an EAD within 90 days.  The time between issuance of an RFE and receipt of the response does not count towards the 90 day clock.

Q. If I request expedited advanced parole documents, will I need to have my biometrics taken at an ASC?

A.  Yes.  If you file an I-131 with your I-821 at the lockbox, you will be scheduled for an ASC appointment through the lockbox.  If you request advanced parole through the district office, either as an emergency walk in or through an InfoPass appointment, the District Office will facilitate biometrics appointment at the closest ASC.

Q. What photo identification should I bring with me to my Application Support Center (ASC) appointment?

A.  You should bring one or more of the following forms of photo identification: a passport, driver’s license, national ID, military ID, or state-issued photo ID. If you do not have any photo identification please bring your original Haitian naturalization document, original Haitian birth certificate, original Haitian school records, your original baptismal certificate, or nationality documentation issued by a Haitian Embassy or Consulate in the U.S. Please note that you can bring your Haitian passport to the ASC appointment, even if it has expired.

Q. Will the ASCs capture biometrics on all Haitian TPS applicants who go to an ASC?

A.  Yes.  All TPS applicants, regardless whether they have presented adequate evidence of their identity at the time of their ASC appointment, will have their biometrics captured.  This will enhance customer service and facilitate the overall TPS process by eliminating delays in capturing biometrics and providing one-stop processing for TPS applicants.

Q. What will happen at an ASC when if I am unable to produce sufficient documentation to confirm my identity or when more information is needed about documentation or related matters?

A.  You will have the opportunity to talk with an Immigration Services Officer (ISO) to explain your documentation or why you have no documentation of your identity, or to provide further relevant information.  In the past, applicants were turned away when they were unable to produce sufficient documents. Now, applicants will have the opportunity to explain why they do not have sufficient documents or any documents. This process enhancement will avoid unnecessary rescheduling of biometrics appointments.

Q. Will USCIS be able to issue Employment Authorization Documents (EADs) within 90 days for all TPS applicants even if a high volume of applicants file a TPS application?

A.  Yes.  With applications for which we need additional information and issue a Request for Evidence (RFE), we are making every effort to issue those RFEs with enough time to receive the information from the applicant and allow us to issue the EAD quickly. It is extremely important that applicants respond timely to any RFE, as the issuance of an RFE stops the 90 day clock and failure to respond by the date indicated will result in an abandonment denial.

Q. If I request advanced parole, can my advance parole document be issued before my biometrics appointment has been scheduled at an ASC?

A.  No. USCIS will issue an advance parole document only after you have appeared at an ASC and had your biometrics captured.  Once the service center receives your advance parole request from the Lockbox (either filed together with your TPS application or filed separately at a later date), you will receive a letter notifying you of your ASC appointment. If you absolutely cannot wait for the adjudication of your advance parole application within normal processing time, you can request an expedite either by calling Customer Service at 1-800-375-5283, or by making an InfoPass appointment to visit your local field office.  Your local field office will facilitate the ASC appointment. Please understand that these expedites are reserved for extreme emergencies.

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More immigration information

If you are a Haitian national and applied for Temporary Protected Status, you may have received an Employment Authorization Document (EAD) with the expiration date of July 22, 2010. Approximately 320 individuals received EADs with an early expiration date.

Final Day to Register: January 18, 2011
TPS Expiration Date:  July 22, 2011
TPS Designation Date:  January 21, 2010

USCIS is re-issuing extended EADs with the expiration date of July 22, 2011 to the impacted cardholders. You will receive the new card before the expiration of your current one. You do not need to file a new Application for Employment Authorization (Form I-765) or take any other action.  Until you receive the corrected document, please continue to use your current EAD as proof of your work authorization.

When you receive your extended EAD with the expiration date of July 22, 2011, please discontinue use of and destroy the EAD with the expiration date of July 22, 2010.

For guidance and information on USCIS’s response to the earthquake in Haiti, please visit www.uscis.gov/haitianearthquake. For additional information, applicants may also contact USCIS at 1-800-375-5283 or visit www.uscis.gov.

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More immigration information

U.S. Citizenship and Immigration Services (USCIS) has announced that eligible Haitian nationals will have an additional 180 days to apply for Temporary Protected Status (TPS), a relief program launched in response to the catastrophic earthquake in Haiti earlier this year.  The new registration deadline is January 18, 2011.

Since the earthquake, USCIS has maintained an ongoing dialogue with Haitian community leaders and advocates, and we have heard that many Haitians need more time to apply for TPS, said USCIS Director Alejandro Mayorkas. Extending the registration period will afford more eligible individuals a chance to remain safely in the United States at this time of crisis and devastation in Haiti.

TPS registration permits eligible Haitian nationals to continue living in the United States and to obtain work authorization for the duration of the program.  Since the TPS program began, USCIS has conducted extensive outreach to communicate its important benefits and to provide clear information about the application process.  USCIS continues to encourage eligible Haitians to apply for TPS as soon as possible before the January 18, 2011, registration deadline.  Waivers of the application fees are available to those who can demonstrate an inability to pay.

In conversations with the public, USCIS has heard many reasons that eligible individuals have not yet applied for TPS.  Due to the devastation in Haiti, some individuals may have had difficulty obtaining documents needed for the TPS application process.  Others may need further opportunity to gather funds for the application fees or to learn about the process for fee waivers.  Extending the registration period will provide those individuals with additional time needed to prepare their applications.

Homeland Security Secretary Janet Napolitano designated Haiti for TPS for an 18-month period beginning on January 21, 2010.  The designation applies to Haitians who have continuously resided in the United States since January 12, 2010, when the earthquake occurred; Haitian nationals who first entered the United States after that date are not eligible.  Further details are available in the Federal Register Notice published by the Department of Homeland Security on January 21, 2010.

For TPS information and application forms, please visit www.uscis.gov or call the toll-free USCIS Forms line at 1-800-870-3676.

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More Immigration Information

USCIS Clarifies Requirements for Agents Filing as Petitioners for the O and P Visa Classification

Introduction

U.S. Citizenship and Immigration Services (USCIS) is clarifying for performing arts associations and their members the regulatory requirements for agents who file as petitioners for the O and P visa classification.

Background

USCIS has received inquiries from the public and at the Service Centers that reveal confusion regarding the circumstances under which an agent may file O and P petitions on behalf of multiple employers.

Discussion

Under 8 CFR 214.2(o)(2)(i) and 8 CFR 214.2 (p)(2)(i), O and P petitions may only be filed by a U.S. employer, a U.S. agent, or a foreign employer through a U.S agent.

Both the O and P regulations provide that if the beneficiary employee will work concurrently for more than one employer within the same time period, each employer must file a separate petition with the Service Center that has jurisdiction over the area where the alien will perform services, unless an “established agent” files the petition.  See 8 CFR 214.2(o)(2)(iv)(B) and  8 CFR 214.2(p)(2)(iv)(B).

A petition filed by an agent is subject to several conditions.  A petition involving multiple employers may be filed by a person or company in business as an agent as the representative of both the employers and the beneficiary, if:

• The supporting documentation includes a complete itinerary of the event or events.
• The itinerary specifies the dates of each service or engagement, the names and addresses of the actual employers, and the names and addresses of the establishments, venues, or locations where the services will be performed.
• The contract between the employers and the beneficiary is submitted.
• The agent explains the terms and conditions of the employment and provides any required documentation.

See 8 CFR 214.2(o)(2)(iv)(E)(2) and (p)(2)(iv)(E)(2).  In addition, an agent who is also the beneficiary’s employer may file a petition, but the agent must specify the wage offered and the other terms and conditions of employment as described in the contractual agreement between the agent/employer and the beneficiary employee.  8 CFR 214.2(o)(2)(iv)(E)(1) and (p)(2)(iv)(E)(1).  Therefore, while the regulations permit an agent to file a petition on behalf of multiple employers (including the agent/employer itself), the regulations require that the agent be “in business” as an agent.

An employer that files a petition on behalf of other employers under the guise of being such employers’ “agent” does not meet this condition.  For example, if Employer A files a petition for a beneficiary it will be sponsoring, and submits an itinerary that includes performances for the beneficiary with other employers, at different times, and at different venues, USCIS generally would only approve the petition for Employer A and deny the petition with respect to the other employers.

Such a petition may be approved with respect to all employers only if Employer A can establish to the satisfaction of USCIS that it is “in business as an agent,” and that the other employers are its clients.  This may be accomplished by agent-Employer A submitting all of the required evidence listed above, as well as evidence of the agency relationship, such as a copy of its contract with the other employers.

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Background

U.S. Citizenship and Immigration Services (USCIS) offers immigration services and resources specifically for members of the U.S. Armed Forces and their families who are stationed in the United States and abroad. USCIS established a military assistance team to ensure that the military community receives quick and secure access to accurate information. Below is a list of answers to frequently asked questions received by our military assistance team.

Questions and Answers

Q.   I am a Conditional Resident, an active member of the U.S. Armed Forces, and have filed an Application for Naturalization (Form N-400), based on qualifying military service. My Conditional Residence is going to expire in the upcoming months. Do I need to file a Petition to Remove the Conditions on Residence (Form I-751), to acquire Permanent Resident status even if my Application for Naturalization is pending?

A.   If you were enlisted or inducted in the United States (or the Canal Zone, American Samoa, or Swain’s Island, or onboard a public vessel owned or operated by the U.S. for noncommercial service), and are applying under section 329 of the Immigration and Nationality Act (INA), you are not required to file Form I-751 while your Application for Naturalization is pending. However, if at the time of enlistment or reenlistment you were not enlisted or inducted in those geographical areas, you are required to file a Form I-751 while your application is pending. If your Form N-400 is denied for any reason, you will be required to file Form I-751 if you have not already done so to acquire Permanent Resident status.

Q.   I served in the U.S. Armed Forces for more than one year but have recently been separated from military service.  Am I eligible to file Form Application for Naturalization (Form N-400) based on qualifying military service ?
A.   You may file an Application for Naturalization (Form N-400), even if you are honorably separated from the military, based upon eligibility under section 328 or 329 of the INA. If you served honorably in any branch of the U.S. Armed Forces for a period exceeding one year, you may claim eligibility under section 328 of the INA. If you served during a specified period of hostility, to include September 11, 2001, to present, you may claim eligibility under section 329 of the INA regardless of the length of service.

Q.   I filed an  Application for Naturalization (Form N-400), based on qualifying military service and required to submit Request for Certification of Military or Naval Service (Form N-426), to USCIS but have separated from the military.  How do I fulfill this requirement?
A.   If you have separated from the military and no longer have access to a military certifying official, you have the following options:

Option 1: USCIS will accept an uncertified Form N-426 as long as you have completed and signed Form N-426 in addition to providing to USCIS a photocopy of your DD Form 214, Certificate of Release or Discharge from Active Duty. The photocopy of your DD Form 214 must include all dates of military service listed on Form N-426 as well as identify your type of separation and character of service (this information is found on page “Member-4″.)

Option 2: If you are unable to submit a photocopy of your DD Form 214, you can complete and sign Form N-426, then send it to the applicable military personnel records center with a Standard Form 180, Military Records Request, and request certification of Form N-426.

Q.   I am a spouse of a member of the U.S. Armed Forces, and USCIS has scheduled me and my spouse for an initial interview on my pending Application to Register Permanent Residence or Adjust Status (Form I-485).  My husband is currently on an overseas military assignment. Can the Form I 485 initial interview take place without my husband being present?
A.   USCIS has the authority to waive initial interviews on Form I-485 on a case-by-case basis. If you and your spouse are requested to appear for an initial interview related to the concurrent filing of Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or Adjust Status, you should appear for the initial interview and provide USCIS with evidence of your spouse’s overseas military assignment. The USCIS officer may reschedule the interview so your spouse can be present or proceed with the initial interview.

Q.   I am a spouse of a member of the U.S. Armed Forces and have filed a Petition to Remove the Conditions on Residence (Form I-751), while on an overseas military assignment with my spouse. Will my Form I-751 be adjudicated while we are overseas or will it remain pending until my spouse and I return to the U.S.?
A.   If USCIS determines that you have submitted sufficient evidence to demonstrate a bona fide marital union, USCIS may proceed with adjudication regardless of your geographical location. If USCIS is unable to determine your eligibility for the immigration benefit, USCIS will withhold adjudication until you and your spouse are able to be interviewed within a USCIS Field Office to establish your eligibility.

Q.   How can I expedite my Petition for Alien Relative (Form I-130), to bring my spouse to the United States?  Is there a way she/he can enter the United States while the petition is being processed?
A.   Citizens of the United States, who are serving in the U.S. Armed Forces, and have a Petition for Alien Relative (Form I-130) pending on behalf of their spouse, may e-mail or telephone the USCIS military assistance team and ask for expedited processing of that petition. While the petition is pending, your spouse may enter the United States on a K-3 nonimmigrant visa. To apply for a K-3 visa, citizens of the United States must file a Petition for Alien Fiancé (é) (Form I-129F), on behalf of the alien spouse. An approved Form I-129F will allow your spouse to enter the United States in a valid K-3 nonimmigrant visa status. If USCIS approves Form I-130 while your alien spouse is in the United States holding a K-3 nonimmigrant visa, your alien spouse can file an Application to Register Permanent Residence or Adjust Status (Form I-485), to apply to become a Lawful Permanent Resident.

Q.   I am a spouse of a member of the U.S. Armed Forces and have filed an Application to Replace Permanent Resident Card (Form I-90). I am currently overseas since my spouse has official Permanent Change of Station (PCS) orders reassigning her/him to an overseas duty station. If the application is approved will my Permanent Resident Card be mailed to an APO/FPO address?
A.   If you provided a valid APO/FPO mailing address at the time of filing Form I-90, USCIS will mail your permanent resident card to the APO/FPO address you identified.

Q.   I am stationed abroad serving on active duty in the U.S. Armed Forces, how can I notify USCIS of my APO/FPO mailing address?
A.   Members of the military stationed abroad should notify USCIS of their new address by contacting the Military Help Line by e-mail: militaryinfo.nsc@dhs.gov, or telephone: 1-877-CIS-4MIL (1-877-247-4645). We are working to add APO and FPO address changes to the online change of address tool and anticipate this option to be available soon. It is important to notify USCIS when your address changes so that you and your family members may continue to receive information and correspondence about immigration benefits and services.

Q.   I am a member of the U.S. Armed Forces scheduled for an appointment at a USCIS office in the United States for my Application for Naturalization, but I am now at an overseas duty station.  What do I do?
A.   If you have an appointment for a naturalization interview or an oath ceremony, and you have transferred overseas, contact USCIS and request to have your case transferred to the nearest USCIS overseas office. You or your military installation’s USCIS liaison can request this by contacting the Military Help Line by e-mail: militaryinfo.nsc@dhs.gov, or telephone: 1-877-247-4645.

Q.   I have filed the Application for Naturalization (Form N-400), based on qualifying military service and I asking for overseas processing. I do not have access to the 2 FD-258 Fingerprint Cards. How can I submit my fingerprint information to USCIS so my application process can continue?
A.   USCIS can use your enlistment fingerprints or fingerprints submitted for previous immigration purposes, if the fingerprints on file are readable. In instances where it takes USCIS more than 90 days to receive your enlistment prints, the Nebraska Service Center will send you a letter requesting 2 completed FD-258 fingerprint cards. If you are unable to complete the FD-258 cards, you should contact the Nebraska Service Center via the Military Help Line by e-mail: militaryinfo.nsc@dhs.gov, or telephone: 1-877-247-4645.  USCIS will continue processing your case while awaiting submission of your enlistment fingerprints.

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Effective June 29, 2009, the USCIS will resume Premium Processing Service for Form I-140, Immigrant Petition for Alien Worker, in accordance with 8 CFR 103.2(f)(2).

After an evaluation of its I-140 backlog reduction efforts and increased I-140 adjudicative efficiencies, USCIS has concluded that it is now able to provide Premium Process Service for this benefit.

USCIS will accept Premium Processing requests for Form I-140 Immigrant Petition for Alien Worker, involving EB-1 Aliens with Extraordinary Ability, EB-1 Outstanding Professors and Researchers, EB-2 Members of Professions with Advanced Degrees or Exceptional Ability not seeking a National Interest Waiver, EB-3 Professionals, EB-3 Skilled Workers, and EB-3 Workers other than Skilled Workers and Professionals.

Premium Processing Service is still not available for Form I-140, Immigrant Petition for Alien Worker, involving EB-1 Multinational Executives and Managers and EB-2 Members of Professions with Advanced Degrees or Exceptional Ability seeking a National Interest Waiver.

Under the Premium Processing Service, USCIS guarantees petitioners that, for a $1,000 processing fee, it will issue either an approval notice, or where appropriate, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation, within 15 calendar days of receipt.  If the petition is not processed within 15 calendar days, USCIS will refund the $1,000 fee and continue to process the request as part of the Premium Processing Service.  In addition to faster processing, petitioners who participate in the program may use a dedicated phone number and e-mail address to check on the status of their petition or ask any other questions they may have concerning their petition.  Premium Processing Service continues to be available for previously designated classifications within Form I-140 and Form I-129, Petition for Nonimmigrant Worker.

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What is it?

Premium Processing Service provides faster processing of certain employment-based petitions and applications. Specifically, USCIS provides 15 calendar day processing to those who choose to use this service or USCIS will refund the Premium Processing fee and the relating case will continue to receive faster processing.

The processing period that is used to determine whether or not USCIS meets the 15 calendar day period will begin when the current version of Form I-907, Request for Premium Processing Service, is received by USCIS at the correct filing address noted on the form. Within the 15 day calendar period USCIS will issue an approval notice, or where appropriate, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation. If the notice requires the submission of additional evidence or of a response to intent to deny, a new 15 calendar day period will begin upon the delivery to USCIS of a complete response to the request for evidence or notice of intent to deny.

Who is eligible?

The chart below sets forth the forms, designated classifications within each form type, and current availability and termination dates for premium processing service.

Form I-129, Petition for Nonimmigrant Worker
Designated Classification Within Form I-129	Corresponding Nonimmigrant Visa Classification	* Availability Date	** Termination Date
Treaty Trader	E-1	June 1, 2001
Treaty Investor	E-2	June 1, 2001
Alien in Specialty Occupation	H-1B CAP	July 30, 2001	May 26, 2006 (FY 07) August 10, 2005 (FY 06)
Alien in Specialty Occupation, Advanced Degree Exception (Masters or Higher)	H-1B CAP	July 30, 2001	July 26, 2006 (FY 07) January 17, 2006 (FY 06)
Alien in Specialty Occupation	H-1B NON-CAP	July 30, 2001
Temporary Worker performing nonagricultural services	H-2B CAP	June 1, 2001	November 28, 2006  (1st half, FY 07)
Temporary Worker performing nonagricultural services	H-2B NON CAP	June 1, 2001
Trainee	H-3	June 1, 2001
Intracompany Transferee, Executive or Manager Capacity	L-1A	June 1, 2001
Intracompany Transferee, Specialized Knowledge Professional	L-1B	June 1, 2001
Petitioners that meet requirements may file a blanket petition seeking continuing approval of itself and some or all of its parent, branches, subsidiaries, and affiliates as qualifying organizations	L-BLANKET	June 1, 2001
Aliens of extraordinary ability or achievements in the sciences, arts, education, business, or athletics	O-1	June 1, 2001
Aliens providing essential support services for a principal O-1 alien	O-2	June 1, 2001
Internationally recognized athlete or member of an internationally recognized entertainment group	P-1	June 1, 2001
Essential Support Alien, highly skilled, that performs support services which are essential to the successful performance of the principal P-1 alien	P-1S	June 1, 2001
Artist or Entertainer under a Reciprocal Exchange Program	P-2	June 1, 2001
Essential Support Alien, highly skilled, that performs support services which are essential to the successful performance of the principal P-2 alien	P-2S	June 1, 2001
Artist or Entertainer in a Culturally Unique Program	P-3	June 1, 2001
Essential Support Alien, highly skilled, that performs support services which are essential to the successful performance of the principal P-3 alien	P-3S	June 1, 2001
International cultural exchange aliens	Q-1	June 1, 2001
Alien in a Religious occupation	R-1	July 30, 2001	*** November 28, 2006 - December 18, 2007
NAFTA professional, Canada	TN1-CANADA	July 30, 2001
NAFTA professional, Mexico	TN2-MEXICO	July 30, 2001

* The availability date is the date that the classification was initially deemed eligible for Premium Processing Service.

** The termination date reflects the last day that USCIS accepted filings requesting that specific classification. If a date is entered in this column, that classification is currently ineligible for filing because of cap restrictions or other processing restrictions.

*** In August 2005, USCIS’ Office of Fraud Detection and National Security completed a Benefit Fraud Assessment (BFA) for Religious Worker Petitions. (See “Related Links” on this page for a link to a summary of this Assessment.) The BFA revealed a 33 percent fraud rate.  Because of these results, and to ensure the integrity of the religious worker program, USCIS now conducts additional system checks and in most instances also a site visit of the petitioning organization, prior to adjudication. Given these additional processes, USCIS has determined that it cannot guarantee the issuance of either an approval notice, or where appropriate, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation, within 15 calendar days of receipt of a petition for nonimmigrant religious worker.

On November 28, 2006, USCIS temporarily suspended Premium Processing Service for Aliens in a Religious Occupation which is filed on Form I-129, along with the Q-1 and R-1 Classifications Supplement. USCIS is extending the suspension for another six months, with an expiration date of December 18, 2007.  This is being done because USCIS’s first and foremost mission is to ensure integrity in the adjudications process.  In the future, if USCIS is able to properly process these cases within fifteen calendar days of receipt, the Form I-129 requesting R-1 nonimmigrant visa classification will once again will be available for Premium Processing Service.  USCIS may prescribe additional conditions of availability on Premium Processing Service for religious worker petitions.  Alternatively, USCIS may publish a Federal Register Notice permanently removing the R-1 nonimmigrant visa classification from eligibility for Premium Processing Service.

For additional information relating to the Current Cap Count for Non-Immigrant Worker Visas, use the related link on this page.

Form I-140, Immigrant Petition for Alien Worker
Designated Classification Within Form I-140	Corresponding Employment-Based (EB) Immigrant Visa Classification	Availability Date	Termination Date
Aliens of extraordinary ability	EB-1	November 13, 2006
Outstanding professors and researchers	EB-1	September 25, 2006
Multinational executives and managers	EB-1	Not Yet Available
Members of professions with advanced degrees or exceptional ability not seeking a National Interest Waiver	EB-2	September 25, 2006
Members of professions with advanced degrees or exceptional ability seeking a National Interest Waiver	EB-2	Not Yet Available
Skilled workers***	EB-3	August 28, 2006
Professionals***	EB-3	August 28, 2006
Workers other than skilled workers and professionals	EB-3	September 25, 2006
*** (if designated as available, please also see section on additional conditions placed on Premium Processing Availability)

May the beneficiary of a visa petition seek Premium Processing Service?

No, except in cases where the petition is eligible to be filed as a self-petition (i.e., the petitioner and the beneficiary are the same). Otherwise, only the visa petitioner, or the attorney or representative who has filed a notice of appearance (Form G-28) on behalf of the visa petitioner, may request Premium Processing Service for designated visa petition adjudications. The petitioner, attorney or representative, or beneficiary may pay the $1,000 Premium Processing fee, but the beneficiary cannot sign or file the Form I-907.

How do I verify that I am using the current version of the form?

If you are already in possession of a Form I-907, please use the Form I-907 webpage (in the Related Links section of this page) to verify that your version of Form I-907 is still current. This can be done by comparing the Forms and Fees webpage which includes the “edition” date that USCIS is currently accepting and the edition date on your Form I-907. The edition date, which is referenced as (Rev. xx/xx/xx) is located in the lower right corner on every page of the form and instructions. If the edition date on your Form I-907 matches the date or dates, if applicable, on the Form I-907 webpage, your version of Form I-907 is current and will be accepted by USCIS. If there is a designation “N” shown after the edition date on the Forms and Fees webpage, please note that USCIS will not accept any other editions of the form.

How do I file a request for Premium Processing Service?

You must complete and sign Form I-907, Request for Premium Processing Service, in accordance with the instructions on the current version of the form. You must file the concurrently filed Form I-907 with Form I-129 or Form I-140 at the Service Center designated as the appropriate filing location on the instructions to the Form I-907. If you filed Form I-129 or the Form I-140 and you now wish to request Premium Processing Service, file Form I-907 with the Service Center where the Form I-129 or Form I-140 is currently pending. Submit a copy of the Form I-129 or Form I-140 filing receipt. If you received a transfer notice, it is very important that you include a copy of it and that you submit your filing to the transfer location. If a petitioner or applicant erroneously filed a concurrent or standalone Form I-907 relating to a Form I-129 or standalone relating to a Form I-140 petition at the wrong service center, USCIS will not reject the filing, but instead will forward the filing to the correct service center having jurisdiction over the petition or application. For these incorrectly filed Forms I-907, the 15 calendar day period will start on the date the file is received at the correct service center as indicated in the Form I-907 filing instructions. Any Form I-907 premium processing requests that are filed concurrently with a Form I-140 petition at a USCIS office without geographic jurisdiction over the Form I-140 petition will be rejected by USCIS.

Are there any additional conditions of availability being placed on the Premium Processing Service at this time?

Yes. USCIS will accept Form I-907, Request for Premium Processing Service, either together with the Form I-140 petition or after the filing of the Form I-140 petition through the mail only. E-filing the Form I-907 will not be available. To facilitate USCIS’ determination of whether a particular filing meets the conditions of availability for the service, see 8 CFR 103.2(f)(2).

Form I-907 premium processing service requests may be rejected if the filing fails to clearly establish the conditions of availability and/or is:

Incorrectly submitted concurrently with a Form I-140 petition at a USCIS office without geographic jurisdiction over the Form I-140 petition;

Premium Processing Service is available for the select category of cases noted above for the Form I-140 classifications indicated on the chart above provided that the case does not involve:

A second filing of a Form I-140 petition while an initial Form I-140 remains pending;

Labor certification substitution requests;

Duplicate Labor certification requests (i.e., cases filed without an original labor certification from the Department of Labor), and;

A Form I-140 petition in which a final decision has been made.

USCIS is prescribing these additional conditions of availablility on Premium Processing for Form I-140 because of their special processing requirements, including locating and transferring other files or documents internally and requesting initial evidence from an outside agency, that make it difficult for USCIS to guarantee that it will process the case within a 15 calendar day period.

What is the fee for this service?

The fee for this service is $1,000. The Premium Processing Service fee may not be waived. In addition to the Premium Processing Service fee, all other filing fees relating to the specific form(s) for which you are requesting Premium Processing Service must also be submitted. The Premium Processing Service fee must be submitted in a separate check or money order. The petitioner, attorney or representative, or beneficiary may pay the $1,000 Premium Processing Service fee, but the beneficiary cannot sign or file the Form I-907. If e-filed for a request for Premium Processing Service for an eligible Form I-129 petition, USCIS accepts credit card, debit card, or electronic transfer of funds from a checking or savings account from a U.S. bank.

Are there any additional benefits to the program?

Yes. USCIS has provided not only a unique mailing address for its Premium Processing Service customers, but it has also established a special phone number and e-mail address for each of the Service Centers. These special communication channels will be available only to Premium Processing Service customers.

USCIS is also collecting, on the Form I-907, your phone number, fax number and e-mail address so that we can send you (the petitioner or attorney) an automatic e-mail notifying you of the receipt of your Form I-907, Request For Premium Processing Service. If the underlying form for which you requested Premium Processing Service is approved, we will send an automatic e-mail notifying you of the approval. It is important that you provide this information so that USCIS may correspond with you in the most appropriate manner.

In addition and at no additional cost, USCIS will strive to provide faster processing of Form I-539 applications filed by or on behalf of dependents of the principal beneficiary of a petition for which Premium Processing Service has been requested if the Form I-539 is filed at the same time. USCIS provides this service as a courtesy. Consequently, it cannot guarantee faster processing of the Form I-539.

Does this program have any effect on the USCIS’ previous expedite practices?

Yes. In general, the discretionary expedite requests will no longer be available for those classifications designated as eligible for Premium Processing Service. However, petitioners designated as not-for-profit entities by the Internal Revenue Service have the choice to request discretionary expedited service as they have in the past or they may choose to pay the Premium Processing fee and utilize that service. If the criteria for a discretionary expedite are not met, the not-for-profit petitioner still has the option of requesting of Premium Processing upgrade by filing Form I-907 with fee.

How will the USCIS manage those categories that have an annual limit in relation to this faster processing?

USCIS does not believe that individuals who pay for Premium Processing Service on petitions filed for nonimmigrant classifications that are subject to annual limitations will have an unfair access to these limited immigration programs.

For cap-subject H-1B and H-2B petitions, USCIS will apply a random selection process to all petitions (whether or not Premium Processing Service is requested) received on the date when a sufficient number of petitions have been received to reach the applicable numerical limit (“final receipt date”). Petitions that are accepted through this random selection process are adjudicated to completion. For H-1B cases, USCIS will return the fees to the petitioner and hold the cases that were filed ON the cut-off day but were not selected in the random process. This way, if USCIS does not use all of the projected H-1B1 Singapore/Chile cap cases (which count towards the H-1B cap), additional H-1B cap cases will be taken in order from the list of cases that were held. Those petitioners will then be notified to re-submit the fees. All H-1B cap cases filed AFTER the cut-off day are rejected along with the fees.

Cases subject to the H-2B cap that were not selected in the random process, and H-2B cases that were filed AFTER the cut-off day are rejected along with the fees. Unlike the H-1B cap cases, there is no need to hold the H-2B cap cases that were not selected because there are no special provisions that apply to the H-2B cap cases like there are with the H-1B cap cases, i.e. H-1B1 Singapore/Chile cap cases.

In order to ensure equitable access to other cap-subject nonimmigrant classifications to which USCIS does not currently apply a random selection process, USCIS will temporarily terminate the availability of Premium Processing when it becomes clear that the demand will exceed the annual numerical limitation (e.g., when the USCIS has a pending volume of petitions sufficient to reach the limitation). This termination of procedure will ensure that all petitioners have equitable access to these limited immigration programs.

Can I contact a USCIS Service Center if I have not filed a request for Premium Processing Service yet but have questions about the program?

No, you cannot contact the Service Centers directly unless you have already filed Form I-907, Request for Premium Processing Service, for the underlying Form I-129 or Form I-140. The Premium Processing toll-free phone number and e-mail addresses listed on Form I-907 are dedicated only to customers who have already submitted a request for Premium Processing Service. If you have not requested Premium Processing Service, you can call the Customer Service toll free phone number at (800) 375-5283 for general information about the program.

How do I contact the Service Center concerning the Premium Processing request that I filed?

The unique mailing address for each of the Service Centers is listed on the instructions to the Form I-907. Additional contact information for each Service Center will be provided to you on your receipt notice and will also be provided on this Website.

If you have already filed a Request for Premium Processing Service and you need to contact the Service Center, call the Premium Processing Toll Free phone number at 1-866-315-5718. You will need to have your receipt number when you call, because this phone number is only for inquiries relating to Premium Processing Service.

How can I get the results of the adjudication faster?

You can include a postage paid and self-addressed courier delivery slip with the Premium Processing Service request and it will be used to return the results of the adjudication.

For help with your immigration needs, contact the immigration attorneys at Garces & Grabler.

For more information about immigration law, visit www.Garces&Grabler.com

U.S. Citizenship and Immigration Services (USCIS) will commemorate America’s 233rd birthday by naturalizing more than 6,000 citizenship candidates in approximately 50 special ceremonies held across the United States and overseas.  Five of these ceremonies are for members of the U.S. Armed Forces.

“There is no more important role we have as an agency than to welcome new citizens during naturalization ceremonies throughout the year,” said USCIS Acting Deputy Director Michael Aytes.  “But on the Fourth of July, that role is even more profound as we proudly stand side-by-side with the newest Americans to celebrate our independence together as one family.”

This year, USCIS’ weeklong celebration of citizenship is highlighted by various special events, including ceremonies on July 1 at the Sacramento Memorial Auditorium for approximately 800 candidates and on July 3 at Walt Disney World in Orlando, Fla., for approximately 1,000 candidates.

Special ceremonies will also be held July 4th at: Liberty Island, N.Y., for seven military service members; George Washington’s Home in Mt. Vernon, Va., for approximately 100 candidates; and the St. Louis Historical Old Courthouse in the shadow of the Gateway Arch for approximately 60 candidates.

Also on Independence Day, more than 500 servicemembers will take the Oath of Allegiance at four all-military ceremonies in Baghdad, Iraq; Norfolk, Va.; Camp Lejeune, N.C.; and Nellis Air Force Base, Las Vegas, Nev.

For more information about immigration, visit our website at www.GarcesGrabler.com

Or contact the immigration lawyers at Garces & Grabler for help with your immigration issues.

Background

When USCIS denies or revokes an immigration petition, in most cases you may appeal the decision to higher authority for review.  In immigration proceedings, the appellate review authority is divided between two separate Government agencies: the Administrative Appeals Office (AAO) within USCIS, and the Board of Immigration Appeals (BIA), under the jurisdiction of the Executive Office for Immigration Review, U.S. Department of Justice.

If a petition or application is denied or revoked by USCIS, you should carefully review the written decision.  The notice (Form I-292) will inform you of the reasons for the decision, notify you of the proper appellate jurisdiction and the applicable deadlines, and provide you with the correct USCIS form for filing an appeal.

Who May Appeal?

Only the person who submitted the original application or petition may file the appeal.  The beneficiary of a visa petition may not appeal the decision.  For instance, if a U.S. employer petitioned for an immigrant visa for an employee living abroad, only the U.S. employer may appeal the denial.  The employee living abroad may not appeal the denial.

The person appealing the decision may be represented by an attorney or representative.  If the petitioner is represented, the appeal must be accompanied by a properly executed USCIS Form G-28, Notice of Entry or Appearance as Attorney or Representative.  The Form G-28 must be signed by both the attorney or representative and the person who filed the original petition or application.

How Do I Appeal?

Review Form I-292 that notified you of the adverse decision to determine whether or not you may appeal the denial of your petition or application.  The decision will inform you of the proper appellate jurisdiction and provide you with the correct form.

If you want to appeal the denial of a petition or application, the notice of appeal must be filed within 30 days of the date of the decision.  If you receive the decision by mail, you must file the appeal within 33 days of the date of the decision.  If you wish to appeal the revocation of an approved immigrant petition, you must file the appeal within 15 days of the date of the decision, or within 18 days of the date of the decision if the decision is received by mail.

If the AAO has jurisdiction over the decision, you must file the notice of appeal on Form I-290B, Notice of Appeal to the Administrative Appeal Office.  The appeal must be filed with the office that made the original decision.  You may file an explanation in support of your appeal.  You must include the required fee.

AAO Processing Times as of January 8, 2009
Case Type		Time
I-129 F	Petition for Fiancée	Current
I-129 H1B	Nonimmigrant Specialty Occupation Worker	14 Months
I-129 H2, H3	Temporary Nonimmigrant Worker	Current
I-129 L	Nonimmigrant Intracompany Transferee	Current
I-129 O	Nonimmigrant Extradordinary Ability Worker	12 Months
I-129 P1, P2, P3	Athletes, Artists and Entertainers	Current
I-129 Q	Cultural Exchange Visitor	Current
I-131	Application for Travel Document	Current
I-140 EB1(A)	Alien with Extraordinary Ability	18 Months
I-140 EB1(B)	Outstanding Professor or Researcher	Current
I-140 EB1(C)	Multinational Manager or Executive	Current
I-140 EB2	(D) – Advanced Degree Professional	20 Months
I-140 EB2	(I) – National Interest Waiver	Current
I-140 EB3	(E), (G) – Skilled, Professional, or Other Worker	20 Months
I-212	Application to Reapply for Admission	12 Months
I-360 EB4	Petition for Religious Worker	Current
I-360 J	Special Immigrant Juvenile	Current
I – 360 VAWA	Violence Against Women Act Petition	20 Months
I-485	Cuban Adjustment Act Application	Current
I-485	LIFE Act Adjustment Application	14 Months
I-485	Section 13 Adjustment Application	Current
I-526 EB5	Alien Entrepreneur	Current
I-600	Petition for Orphan	Current
I-601	Application for Waiver of Inadmissibility	26 Months
I-612	Application for 212(e) Waiver	Current
I-687	Legalization Application for Temporary Residence	18 Months
I-698	Legalization Adjustment Application	Current
I-700	Special Agricultural Worker	Current
I-821	Temporary Protected Status	Current
I-905	Application to Issue Cert for Health Care Workers	Current
I-914	Application for T Nonimmigrant Status	Current
N-470	Application to Preserve Residence	Current
N-565	Replacement Naturalization/Citizenship Document	Current
N-600	Certificate of Citizenship	Current
N-643	Certificate of Citizenship for Adopted Child	Current

Contact the immigration attorneys at Garces & Grabler for help with your appeal.

What is an Employment Authorization Document?
U.S. employers must check to make sure all employees, regardless of citizenship or national origin, are allowed to work in the United States. If you are not a citizen or a lawful permanent resident, you may need to apply for an Employment Authorization Document (EAD) to prove you may work in the United States.

USCIS issues Employment Authorization Documents (EAD) in the following categories:

• EAD: This document proves you are allowed to work in the United States.
• Renewal EAD: You cannot file more than 120 days before your original employment authorization expires.
• Replacement EAD: This document replaces a lost, stolen, or mutilated EAD. A replacement EAD also replaces an EAD that was issued with incorrect information, such as a misspelled name.

What Does the Law Say?
The Immigration and Nationality Act is a law that governs the admission of all persons to the United States. For the part of the law about Employment Authorization Documents, please see INA § 274A. The Code of Federal Regulations [CFR] discusses the employment authorization responsibilities of both employers and employees at 8 CFR § 274a.

Who is Eligible?

• The specific categories that require an Employment Authorization Document include (but are not limited to) asylees and asylum seekers; refugees; students seeking particular types of employment; applicants to adjust to permanent residence status; people in or applying for temporary protected status; fiancés of American citizens; and dependents of foreign government officials. Please see Form I-765 (Application for Employment Authorization) for a complete list of the categories of people who must apply for an Employment Authorization Document to be able to work in the United States.
• If you are a U.S. citizen, you do not need an Employment Authorization Document.
• If you are a lawful permanent resident or a conditional permanent resident, you do not need an Employment Authorization Document. Your Alien Registration Card proves that you may work in the United States.
• If you are authorized to work for a specific employer, such as a foreign government, you do not need an Employment Authorization Document. Your passport and your Form I-94 (Arrival-Departure Record) proves that you may work in the United States. Please see 8 CFR 274a.12(b), which provides a full list of the categories of people who do not need to apply for an EAD.

How Do I Apply?
You may be eligible to file Form I-765 electronically. Please see our Introduction to E-Filing USCIS Forms for more information. The procedures for forms electronically filed with USCIS are different than described in the following paragraphs. If you are not eligible for electronic filing,you must file an Form I-765 (Application for Employment Authorization) by mail with the USCIS Regional Service Center that serves the area where you live. Please read the entire application carefully and submit the right documents, photos, and fee.

How Can I Check the Status of My Application?
Please see our information on checking the status of your application.

How Can I Appeal?
If your application for an Employment Authorization Document is denied, you will receive a letter that will tell you why the application was denied. You will not be allowed to appeal a negative decision to a higher authority. However, you may submit a motion to reopen or a motion to reconsider with the office that made the unfavorable decision. By filing these motions, you may ask the office to reexamine or reconsider their decision. A motion to reopen must state the new facts that are to be provided in the reopened proceeding and must be accompanied by affidavits or other documentary evidence. A motion to reconsider must establish that the decision was based on an incorrect application of law or USCIS policy, and further establish that the decision was incorrect based on the evidence in the file at the time the decision was made.

For assistance with filing these motions, contact the immigration lawyers at Garces & Grabler.

For more information about immigration law, visit our website at www.GarcesGrabler.com