Newsletter

Another decision with drastic consequences.

Fourteen years ago, the Board of Immigration Appeals, in Matter of Arrabally and Yerrabelly, held that, when someone leaves the U.S. and returns using an advance parole document, they do not trigger the penalty (the three- and ten-year bars) for having been unlawfully present in the U.S.

These bars make someone “inadmissible” to the U.S., and they require a waiver in order to be eligible for a green card. Arrabally has since then been relied upon by DACA recipients and others to continue pursuit of their green card applications, assuming they were otherwise eligible but-for the issues surrounding their entry and/or prior unlawful presence.

Last week, the BIA reversed itselfin Matter of Delcarmen-Lara, meaning that those legally entering the U.S. on advance parole will have (via their prior act of departure) triggered the bar.

Because Delcarmen-Lara represents a drastic change with wide-ranging effects, the BIA elected to apply the new rule prospectively, i.e., only those who utilized advance parole from this point going forward will be affected.

use a computer

Under an interim rule, USCIS will require electronic filing for certain applications. meanwhile, USCIS continues to operate a mixed paper-and-online filing system. This can only be good, as the paper system is at present an absolute disaster.

continuing developments

confirmation on fee details of hike for H-1 and L-1 extensions

We have a few more details on the final rule will increase the 9-11 Response and Biometric Entry-Exit Fee attached to petitions for H-1B and L-1 extensions. As mentioned last week, companies subject will pay $4,000 for H-1B and $4,500 for L-1 extension requests. The fee will kick in next month and run for the fiscal year.

At this point we can safely say that the rule applies only to petitions that include all of the following:

• employers with at least 50 U.S. employees;
• most of whom most are in H-1B or L-1 status;
• extensions filed by the current employer; and
• filed during the period between September 09, 2026, and September 30, 2027.

_TPS & parole EAD roundup_

As mentioned last week, employment authorization documents (work permits) under the terminated TPS programs for South Sudan and Burma are no longer valid. Somalianow joins that list as well, with documents invalid as of last Friday, superseding guidance issued just last Wednesday. Documents issued under the Ethiopian program still maintain validity through August 19th, El Salvador’s through September 9th, and Sudan’s and Ukraine’s programs are set to terminate on (with documents invalid as of) October 19th. Haiti, Syria, and Yemen were terminated last month.

Prepare for the end of duration of status

As of September 15th, F, J, and most I periods of stay in the U.S. will now be fixed to certain dates (rather than to the duration of their programs) and capped at four years, with the grace period reduced to 30 days, and greater USCIS oversight over extensions. Additional restrictions will apply to students’ ability to change schools and/or their program. (Find more background in our July 21 newsletter.)

A timely-filed request for an F-1 extension will permit continued study while the application processes, and some F-1 and J-1 employment may continue for up to 240 days while a timely extension request remains pending (though J-2 dependents may not work beyond the expiration of their EAD).

Employers relying on employment incident to OPT or J-1 programs should coordinate and monitor Forms I-94, DS-2019, I-20, and work permits. enforcement.

this week in birth tourism

Pursuant to an executive order we highlighted two weeks ago, the Department of State established a Birth Tourism Prevention Task Force which will add another layer of screening for those in possession of or applying for temporary (nonimmigrant) visas, in addition to revoking visas believed to be associated with the practice. Broader investigations will focus on organized birth-tourism networks.

enforcement

More deaths at Delaney, and changes to court rules punishes immigrants for USCIS delays: a topic we’ll cover in more detail later.

Matthew Blaisdell, Esq.
Sunset Immigration PLLC
219 36th Street, Ste 511
Brooklyn, NY 11232
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