On Jan. 8, 2018, Secretary of Homeland Security Kirstjen M. Nielsen announced her decision to terminate the Temporary Protected Status (TPS) designation for El Salvador with a delayed effective date of 18 months to allow for an orderly transition before the designation terminates on Sept. 9, 2019.

Today, the Secretary of Homeland Security announced her determination that termination of the Temporary Protected Status (TPS) designation for El Salvador was required pursuant to the Immigration and Nationality Act. To allow for an orderly transition, she has determined to delay the termination for 18 months. The designation will terminate on Sept. 9, 2019.

The decision to terminate TPS for El Salvador was made after a review of the disaster-related conditions upon which the country’s original designation was based and an assessment of whether those originating conditions continue to exist as required by statute. Based on careful consideration of available information, including recommendations received as part of an inter-agency consultation process, the Secretary determined that the original conditions caused by the 2001 earthquakes no longer exist. Thus, under the applicable statute, the current TPS designation must be terminated.

The Department of Homeland Security has conducted extensive outreach to Salvadoran communities throughout the country. This includes, but is not limited to, community forums on TPS, panel discussions with Salvadoran community organizers, stakeholder teleconferences, regular meetings with TPS beneficiaries, news releases to the Salvadoran community, meetings with Salvadoran government officials, meetings at local churches, and listening sessions. The Secretary met recently with the El Salvadorian Foreign Minister and Ambassador to the United States, and spoke with President Sánchez Cerén.

Following the 2001 earthquake, El Salvador received a significant amount of international aid to assist in its recovery efforts, including millions of dollars dedicated to emergency and long-term assistance. Many reconstruction projects have now been completed. Schools and hospitals damaged by the earthquakes have been reconstructed and repaired, homes have been rebuilt, and money has been provided for water and sanitation and to repair earthquake damaged roads and other infrastructure. The substantial disruption of living conditions caused by the earthquake no longer exist.

Additionally, in recent years, the U.S. government has been repatriating individuals back to El Salvador – more than 39,000 in the last two years – demonstrating that the temporary inability of El Salvador to adequately return their nationals after the earthquake has been addressed.

To allow for an orderly transition, the effective date of the termination of TPS for El Salvador will be delayed 18 months to provide time for individuals with TPS to arrange for their departure or to seek an alternative lawful immigration status in the United States, if eligible. Salvadorans in the United States who benefited from TPS may still receive other protections under our immigration system for which they are eligible.

The 18 months will also provide time for El Salvador to prepare for the return and reintegration of its citizens. During this timeframe, DHS will work with the Department of State and the Government of El Salvador to help educate relevant stakeholders and facilitate an orderly transition. In addition to materials posted online, DHS components will participate in outreach activities such as teleconferences, town halls and roundtables to ensure that affected populations have a full and accurate understanding of their rights and obligations.

Only Congress can legislate a permanent solution addressing the lack of an enduring lawful immigration status of those currently protected by TPS who have lived and worked in the United States for many years. The 18-month delayed termination will allow Congress time to craft a potential legislative solution.

Salvadorans with TPS will be required to re-register for TPS and apply for Employment Authorization Documents in order to legally work in the United States until the termination of El Salvador’s TPS designation becomes effective Sept. 9, 2019. Further details about this termination for TPS, including the re-registration period, will appear in a Federal Register notice. Salvadoran TPS beneficiaries should not submit re-registration applications until the re-registration period is announced through the Federal Register notice.

U.S. Citizenship and Immigration Services (USCIS) resumed premium processing today for all H-1B visa extension of stay petitions. Premium processing is now available for all types of H-1B petitions.

H-1B visas provide skilled workers for a wide range of specialty occupations, including information technology, engineering, and mathematics. When a petitioner requests the agency’s premium processing service, USCIS guarantees a 15-calendar day processing time. If that time is not met, the agency will refund the petitioner’s premium processing service fee and continue with expedited processing of the application.

In addition to today’s resumption of premium processing for H-1B visa extension of stay petitions, USCIS had previously resumed premium processing for H-1B petitions subject to the annual cap, petitions filed on behalf of physicians under the Conrad 30 waiver program, as well as interested government agency waivers and certain H-1B petitions that are not subject to the cap.

U.S. Citizenship and Immigration Services (USCIS) is reminding eligible Deferred Action for Childhood Arrivals (DACA) recipients that they have one week to properly file their DACA renewal requests and associated applications for employment authorization. As previously announced, for recipients whose DACA and work authorization expire between Sept. 5, 2017, and March 5, 2018, inclusive, USCIS will continue to accept renewal requests through Oct. 5, 2017. These requests must be properly filed and physically received by the agency at the proper filing location no later than Oct. 5. The mailing address and instructions can be found here: https://www.uscis.gov/i-821d-addresses. Renewal requests that are granted will be valid for two years, unless otherwise terminated or revoked.

Individuals with DACA and associated work authorization that expire after March 5, 2018, are no longer eligible to submit a renewal request. However, their current DACA and work authorization will remain valid until they expire, unless otherwise terminated or revoked.

Individuals with DACA and associated work authorizations that expired on or before Sept. 4, 2017, who had not properly filed a renewal request that was received on or before Sept. 5, 2017, are also no longer eligible to request renewal.

Based on legal guidance issued by the Attorney General, Acting Secretary of Homeland Security Elaine Duke issued a memorandum on Sept. 5, 2017, initiating an orderly wind-down of DACA. Additional information on this topic can be found on the USCIS website.

Acting Secretary of Homeland Security Elaine Duke has extended Temporary Protected Status (TPS) for eligible nationals of South Sudan (and eligible individuals without nationality who last habitually resided in South Sudan) through May 2, 2019. After consulting with the appropriate U.S. government agencies, and reviewing country conditions, acting Secretary Duke determined that an 18-month extension of South Sudan for TPS is necessary because the ongoing armed conflict and extraordinary and temporary conditions that prompted the 2016 TPS redesignation have persisted.

Current beneficiaries of South Sudan’s TPS designation seeking to extend their TPS status must re-register. The deadline will be published in the Federal Register and on www.uscis.gov/tps  later this week. Those who re-register and request a new employment authorization document (EAD) may receive an automatic extension of their expiring EAD for up to 180 days from the date their current EAD expires. If a beneficiary’s EAD request is approved, they will receive a new EAD with an expiration date of May 2, 2019. TPS beneficiaries are strongly encouraged to re-register and file their EAD applications as early as possible to avoid lapses in documentation of employment authorization.

Additional information about TPS for South Sudan, including guidance on eligibility, the application process and where to file is available online at uscis.gov/tps. Further details about this extension of TPS for South Sudan, including the application requirements and procedures, will appear in a Federal Register notice to be published soon.

On September 5, 2017, President Trump directed the U.S. Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) to phase out and eventually end Deferred Action for Childhood Arrivals (DACA) over two and half years. This means that, as of September 5, 2017:

U.S. Citizenship and Immigration Services (USCIS) will begin expanding in-person interviews for certain immigration benefit applicants whose benefit, if granted, would allow them to permanently reside in the United States. This change complies with Executive Order 13780, “Protecting the Nation From Foreign Terrorist Entry Into the United States,” and is part of the agency’s comprehensive strategy to further improve the detection and prevention of fraud and further enhance the integrity of the immigration system.

Effective Oct. 1, USCIS will begin to phase-in interviews for the following:

• Adjustment of status applications based on employment (Form I-485, Application to Register Permanent Residence or Adjust Status).

• Refugee/asylee relative petitions (Form I-730, Refugee/Asylee Relative Petition) for beneficiaries who are in the United States and are petitioning to join a principal asylee/refugee applicant.

Previously, applicants in these categories did not require an in-person interview with USCIS officers in order for their application for permanent residency to be adjudicated. Beyond these categories, USCIS is planning an incremental expansion of interviews to other benefit types.

“This change reflects the Administration’s commitment to upholding and strengthening the integrity of our nation’s immigration system,” said Acting USCIS Director James W. McCament. “USCIS and our federal partners are working collaboratively to develop more robust screening and vetting procedures for individuals seeking immigration benefits to reside in the United States.”

Conducting in-person interviews will provide USCIS officers with the opportunity to verify the information provided in an individual’s application, to discover new information that may be relevant to the adjudication process, and to determine the credibility of the individual seeking permanent residence in the United States.  USCIS will meet the additional interview requirement through enhancements in training and technology as well as transitions in some aspects of case management.

Additionally, individuals can report allegations of immigration fraud or abuse by completing ICE’s HSI Tip Form.

In accordance with the judge’s ruling, DHS has suspended any and all actions implementing the affected sections of the Executive Order entitled, “Protecting the Nation from Foreign Terrorist Entry into the United States.”
This includes actions to suspend passenger system rules that flag travelers for operational action subject to the Executive Order.
DHS personnel will resume inspection of travelers in accordance with standard policy and procedure.
At the earliest possible time, the Department of Justice intends to file an emergency stay of this order and defend the President’s Executive Order, which is lawful and appropriate.  The Order is intended to protect the homeland and the American people, and the President has no higher duty and responsibility than to do so.

Individuals who may be affected by this Executive Order may visit the CBP INFO Center website for additional information.  On the webpage, travelers may also request additional guidance by clicking on the ‘Email us your Question’ button

Below are the actions taken in accordance with the Executive Order signed January 27, 2017.

USCIS continues to adjudicate applications and petitions filed for or on behalf of individuals in the United States regardless of their country of origin, and applications and petitions of lawful permanent residents outside the U.S. USCIS also continues to adjudicate applications and petitions for individuals outside the U.S. whose approval does not directly confer travel authorization. Applications to adjust status also continue to be adjudicated, according to existing policies and procedures, for applicants who are nationals of countries designated in the Jan. 27, 2017, “Executive Order: Protecting the Nation From Foreign Terrorist Entry Into the United States.”

Effective October 5, 2016, USCIS has increased the validity period for initial or renewal Employment Authorization Documents for asylum applicants from one year to two years. Applicants with pending asylum claims file Form I-765, Application for Employment Authorization, under category (c)(8). This change applies to all (c)(8)-based applications that are pending as of October 5, 2016 and all such applications filed on or after October 5, 2016.