Raslan Pla and Company

Syrian TPS Now Open for Re-Registration and Initial Registration

Nadia — Fri, 19 Mar 2021 17:05:15 +0000

The Department of Homeland Security (DHS) has extended and re-designated Syria for Temporary Protected Status (TPS) for 18 months from March 31, 2021 through September 30, 2022.

Those who currently have TPS must re-register between March 19, 2021 and May 18, 2021 to keep their TPS. Current Employment Authorization Documents (EADs) expiring March 31, 2021 and obtained through TPS are automatically extended through September 27, 2021.

Those individuals filing for TPS for the first time must register between March 19, 2021 and September 15, 2021. They must also establish continuous residence in the United States since March 19, 2021 and continuous physical presence in the United States since March 31, 2021.

Federal Court Upholds Legality of 2016 OPT STEM Extension Program

Nadia — Fri, 12 Feb 2021 16:35:09 +0000

In 1992 the Immigration and Naturalization Service (INS) issued a regulation creating a 12-month Optional Training Program (OPT) for foreign students. OPT is a program available to foreign students upon the completion of their degrees to work in the United States and gain practical training in their field.

Then, in 2008, the Department of Homeland Security (DHS) issued an interim rule that allowed foreign students with a qualifying STEM degree to extend the period of their OPT for up to 17 months.

The Washington Alliance of Technology Workers union (WashTech) brought a lawsuit against DHS in 2014, challenging INS’ 1992 regulation and DHS’ 2008 interim rule, alleging both were outside DHS’ statutory authority.

In 2016, DHS issued a final rule permitting foreign students with STEM degrees to apply for extensions of their OPT program for up to an additional 24 months, instead of 17 months. At that time, WashTech’s lawsuit was dismissed on appeal as moot.

Soon afterwards, however, WashTech filed a new lawsuit, this time challenging the 2016 STEM OPT rule, asserting DHS does not have statutory authority to create or maintain any kind of post-completion OPT program.

On January 28, 2021, the district court issued an order dismissing WashTech’s claims, finding that DHS’ issuance of the 2016 STEM OPT rule was a lawful part of its authority.

Biden Administration Announces It Will Review the Deportations of Veterans and Military Family Members

Nadia — Fri, 12 Feb 2021 16:30:58 +0000

The Biden Administration announced that the Department of Homeland Security (DHS) will be reviewing the removals of veterans and military family members.

According to a 2019 Government Accountability Office (GAO) report, about 250 veterans were either deported or placed in removal proceedings between 2013 and 2018. When Immigration and Customs Enforcement (ICE) officers encounter a potentially deportable veteran, their own policies require them to take additional steps. The report found, however, that ICE did not consistently implement those policies and has not developed a policy to identify and document all military veterans it places in removal proceedings.