Now that summer has begun, the Department of Homeland Security, United States Citizenship and Immigration Services (USCIS), and ICE have all issued several significant updates, relating to the expansion of premium processing and TPS, as well ending COVID-19 I-9 flexibilities.

Premium Processing Expanded

USCIS recently announced that its premium processing program has been expanded for certain applicants filing for changes of status or extensions of stay; specifically, nonimmigrants requesting changes or extensions to F-1, F-2, M-1, J-1, or J-2 visas may file an extra premium processing fee to fast track their cases. The fee is $1,500 for premium processing of I-765 Employment Authorization Applications and $1,750 for premium processing of Form I-539 Change of Status Applications. Commencing on June 26, USCIS will accept the Form I-907 premium processing form either via paper or electronic online filing when filed together with Form I-539 (application to change/extend status). Note that USCIS indicated that the premium processing of a case will only be undertaken by the agency after applicants appear and attend their biometrics appointments. This premium processing fee is payable in addition to the standard U.S. government filing fee for the application to change status, which is $370, plus a biometrics fee, as applicable.

TPS Extended For El Salvador, Honduras, Nepal, and Nicaragua

The U.S. Department of Homeland Security (DHS) announced on June 13, 2023 that it would extend Temporary Protected Status (TPS) for 18 months for current beneficiaries from El Salvador, Honduras, Nepal, and Nicaragua. On June 20, DHS posted Federal Register notices extending the Temporary Protected Status designations of El Salvador, Honduras, Nepal, and Nicaragua. It appears from the U.S. Department of Homeland Security announcement that there will be a re-registration process put into place and ancillary employment authorization documents will be automatically extended. Specifically, extensions for each country will apply as follows as announced by the Department:

• El Salvador: TPS will be extended until March 9, 2025. Only current beneficiaries who have continuously resided in the United States since February 13, 2001 will be eligible to re-register.
• Honduras: TPS will be extended until July 5, 2025. Current beneficiaries who have continuously resided in the United States since December 30, 1998 will be eligible to re-register.
• Nepal: TPS will be extended until June 24, 2025. Only current beneficiaries who have continuously resided in the United States since June 24, 2015 will be eligible to re-register.
• Nicaragua: TPS will be extended until July 5, 2025. Only current beneficiaries of the program will be eligible to re-register.

Further information about TPS work authorization for these four countries, and all others covered by the TPS program, may be found on the USCIS website here.

I-9 Flexibility Ends on July 31, 2023

U.S. Immigration and Customs Enforcement (ICE) recently announced that temporary COVID-19 accommodations for I-9 compliance will end on July 31, 2023. Employers that have been relying on the temporary policy to conduct remote I-9 inspections will have up to 30 days, until August 30, 2023, to comply with the physical Form I-9 document inspection requirements after the COVID-19 flexibilities end.

Commencing in March 2020, ICE allowed employers operating fully remote due to COVID-19 precautions to inspect new hire’s identity and employment eligibility documentation remotely (video, fax, email, etc.). Employers have until August 30, 2023 to perform all required physical examinations of identity and employment eligibility documents for those individuals hired on or after March 20, 2020, and who have only received a virtual or remote examination under the Covid-19 I-9 requirement flexibilities.

Please note that DHS is currently considering, under a Proposed Rule, permanently allowing alternate procedures for the examination of identity and employment eligibility documents. DHS plans to issue its final rule later in 2023.

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