News

 540-Day Automatic Extension Rule Ends Today

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 540-Day Automatic Extension Rule Ends October 26, 2023 On May 3, 2022, USCIS announced a Temporary Final Rule (TFR) increasing the automatic extension period for certain Employment Authorization Document (EAD) renewal applications to up to 540 days. The TFR ends today, October 26, 2023. Eligible applicants who filed before October 26, 2023 will receive the 540-day extension.  Eligible applicants who file their EAD renewal applications after today will still receive an automatic 180-day extension on their work authorization.    For more information about employment authorization you can check the wiki.

Non-Minister Special Immigrant Religious Workers Sunset Date

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Today, September 30, 2023, was the final day or the “sunset date” for Non-Minister Special Immigrant Religious Worker Program. On Dec. 29, 2022, the president signed into law H.R. 2617, which extended the program through September 30, 2023, to allow these workers to immigrate or adjust to permanent resident by that date. Congress had amended the Immigration and Nationality Act (INA) in 1990 to create a special immigrant status for ministers and non-ministers in religious vocations and occupations. It provided a path to permanent residency (by filing an I-360 petition) for those who were a member of a religious denomination that has a bona fide non-profit religious organization in the United States for at least two years before filing; had been working continuously for the past two years immediately prior to filing the immigrant petition; and sought to enter the United States solely to work as a minister or in the religious vocation or occupation of your employer’s denomination. Special immigrants entering the U.S. solely to carry on the vocation of a minister, and their accompanying spouses and children, are not affected by the sunset date. It remains to be seen how this will affect various churches and religious organizations throughout the U.S. The injunction preventing DACA applications from being adjudicated or renewed has also caused problems for religious workers, particularly those connected to the Catholic Church. There were several recent changes affecting religious workers. A Policy Alert was issued in August 2022 addressing several policy changes.

Employment Authorization Documents (EAD) Validity Extended to 5 Years

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USCIS has updated guidance in the Policy Manual to increase the maximum validity period to 5 years for initial and renewal Employment Authorization Documents (EADs) for certain noncitizens who are employment authorized incident to status or circumstance, including those admitted as refugees, paroled as refugees, and granted asylum, as well as recipients of withholding of removal. EAD’s are now going to have a maximum validity period to 5 years for initial and renewal EADs for certain noncitizens who must apply for employment authorization, including applicants for asylum or withholding of removal, adjustment of status under INA 245, and suspension of deportation or cancellation of removal. See the Policy Alert from USCIS. The updated guidance also explains the categories of noncitizens who are automatically authorized to work (also known as being employment authorized incident to status or circumstance) and provides more information on who can present a Form I-94, Arrival/Departure Record, to an employer as an acceptable document showing employment authorization under List C of Form I-9, Employment Eligibility Verification. The Form I-94 must be accompanied by identity documentation for purposes of employment authorization. Finally, this guidance clarifies that certain Afghan and Ukrainian parolees are employment authorized incident to parole. Increasing the maximum EAD validity period to 5 years is intended to significantly reduce the number of new Forms I-765, Application for Employment Authorization, we receive for renewal EADs over the next several years, contributing to efforts to reduce associated processing times and backlogs. Note: Whether the noncitizen maintains employment authorization remains dependent on their underlying status, circumstances, and EAD filing category. For example, if an individual received an EAD under the (c)(9) category based on a pending adjustment of status application for the maximum validity period of 5 years, and the adjustment application is then denied, their ancillary employment authorization may be terminated before the expiration date listed on their EAD. This update also includes other clarifications related to employment authorization, includingclarifying that the Form I-94 can be used as both evidence of status and employment authorization forcertain noncitizens who are employment authorized incident to status or circumstance. The updatealso explains that certain Afghan parolees and certain Ukrainian parolees are employment authorizedincident to parole. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance. PA-2023-27 New Policy Highlights CitationS Volume 3: Humanitarian Protection and Parole, Part F, Parolees, Chapter 1, Purpose and Background [3 USCIS-PM F.1]. Volume 10: Employment Authorization, Part A, Employment Authorization Policies and Procedures, Chapter 2, Eligibility Requirements [10 USCIS-PM A.2] and Chapter 4, Adjudications [10 USCIS-PM A.4].

NYC Mayor Awards $432 Million No Bid Contract to Controversial Organization Despite Litany of Recent Scandals

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Mayor Eric Adams remains steadfast in proceeding with a substantial $432 million contract awarded to DocGo, a medical services provider, for the housing and care of migrants in New York. This decision has faced scrutiny from City Comptroller Brad Lander, who voiced concerns about DocGo’s suitability for this role and emphasized their expertise in medical services rather than logistics or social services. Comptroller Lander, in a returned contract to the city’s Housing Preservation and Development department, cited a lack of evidence regarding DocGo’s qualifications for the contract. Reports highlighting mistreatment and inadequate service provision to asylum-seekers further fueled concerns. However, Mayor Adams dismissed these concerns, stating that DocGo is already executing services under the agreement, including setting up migrant shelters in upstate hotels. Adding to the complexity, New York Attorney General Letitia James has initiated an investigation into allegations of deception and threats against migrants by DocGo, following a New York Times report. Moreover, the New York Department of State found that over 50 security guards hired by DocGo’s subcontractors lacked proper authorization. The City Council also conducted a rigorous probe, questioning the adequacy of the city’s vetting process for contractors responsible for a staggering $5 billion to shelter and care for newly arrived migrants. Startlingly, only three of approximately 200 contracts underwent competitive bidding, while 125 contracts were expedited through an emergency contracting system, bypassing regular approval processes. A recurrent point of contention is DocGo’s pricing, particularly the $170 per hotel room per night or about $5,100 per month paid by the city, which stirred discussions and numerous allegations of overpayment for bulk services. Transparency remains a pressing concern, as the scope of DocGo’s contractual obligations remains undisclosed, and attempts to obtain the contract through Freedom of Information Law requests have been unsuccessful. A Times Union story called into question prior statements made to investors by Capone, including the scope of a potential multibillion-dollar contract with the U.S. Customs and Border Protection. Capone had pegged the contract at about $4 billion, but government sources said it was never that high and is for about half that amount. The company’s spokesman, disputed that Capone misrepresented the contract by citing “facts” for which he declined to provide documentation because he said he was not at liberty to share them. Capone told investors last month that “we have already signed up over 3,000 asylum-seekers onto New York state Medicaid through United Healthcare.” DocGo’s public relations firm later issued a statement that DocGo “does not enroll anyone in Medicaid programs.” A United Healthcare representative also issued a statement that the insurance company does not have a contract with DocGo.  A Times Union reported obtained some quotes from the manager of one of the hotels enjoying the windfall of taxpayer money from DocGo, Enrico Capone, who confirmed he was the brother of the aforementioned CEO. Allegations of hindrance of media access to migrants, discrepancies in statements made by DocGo’s CEO, Anthony Capone, (who was directing funds towards a hotel which his brother has a financial interest) make the overpayment and unfair no-bid-contracts concerns even more troubling. Mayor Adam’s decision to continue with DocGo after the Comptroller’s criticism and these other scandals coming to light is deeply concerning. It seems highly likely that as once more information eventually makes its way into the public domain, there will be more controversies relating to DocGo and Mayor Adams. A good thing that comes out of this is New York demonstrating its commitment to helping its immigrant population and the willingness of New Yorkers to help its newest neighbors as they arrive. Hopefully, the money the City is putting towards DocGo and other organization will mean that immigrants in New York will have better access to lawyers, medical professionals, and safe housing. This desperate attempt to put an optimistic spin on this story was completely dashed to bits in a matter of hours. Mayor Adams announced that New York City will start kicking migrants out of NYC shelters before attending a press conference where he was photographed with the new NYPD Robocop the city will be renting to patrol the Time Square Subway Station.

Mayor Limits NYC Shelter Stays To 30 Days For Adult Migrants

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New York City Mayor Eric Adams is further tightening shelter rules by limiting adult migrants to just 30 days in city-run facilities — to help ease pressures on the city’s already struggling shelter system and perhaps dissuade more migrants from coming. Many are uneasy with the policy that could send thousands of people into the streets, many with nowhere to sleep and nowhere to work. Siding aside the morality and unintended consequences, it is unclear whether limiting migrants to thirty-day stays at the city’s homeless shelters will even achieve its intended goal of discouraging immigrants crossing the southern border from coming to New York. This comes after all the controversies that came to light this week about no-bid contracts to companies providing services to the new migrants arriving in the city and the Mayor renewing the contract of a controversial company whose CEO just resigned after being caught in several lies and stories came out about him funneling tax money to a hotel owned by his brother. The Mayor elected to renew their contract at what many are saying is an outrageously inflated price, despite the comptroller of the city coming out against it. New York Governor Kathy Hochul wants to end ‘right to shelter’ law that has existed since 1980 amid the migrant crisis. Until recently, Hochul interpreted the right to shelter law as requiring the city to provide shelter to any person who was physically present within the confines of the city the minute they seek it. Mayor Eric Adams also shared that opinion at one point, though he changed his opinion once he couldn’t get any federal funding for said housing, which was months before the Governor. Now he is pounding the drum about the need to stop providing shelter to migrants in New York. The Governor seems to have changed her tune now. Hochul first came out in August saying that the State could not force cities in upstate New York to house the 60,000 immigrants that had moved to the state. Adams and Hochul were publically debating the issue for several months through public statements and letters but it looks like now both the Governor and Mayor are in agreement that New York is unable to handle the influx of South and Central American immigrants that came to the area during 2023 and they certainly can’t handle anymore. The original premise behind the right to shelter was, for starters, for homeless men on the streets, it was later extended to families. But never was it envisioned being an unlimited universal right, or obligation on the city, to house literally the entire world. New York Governor Hochul talking about the Right to Shelter law in NYC Less than a year ago WWII, Korean & Vietnam Vets lived at Island Shores assisted living facility run by @HFH_NYC. Today “migrants” live there at taxpayer expense after the seniors CITIZENS were forced to leave by @HFH_NYC who then cut a shady deal with @NYCMayor. Disgraceful! pic.twitter.com/jkLjdc5uZ6 — Nicole Malliotakis (@NMalliotakis) September 23, 2023 This is concerning not only because of the number of people who are relying on the State and City of New York for shelter and food, but because most don’t see the stream of migrants to New York stopping anytime soon. Further, papers in NYC and people on X have been vocal about how the recent influx of migrants to the city have been worrying workers in an uncertain economic climate with a very competitive labor market. Long-standing immigrant New Yorkers who have are getting pushed out of their jobs by new arrivals who will work for less since they lack employment authorization and cannot legally accept employment in the United States. Stories of veterans being kicked out of shelters to make way for migrants have also sparked a lot of backlash, though it’s not clear whether this is true. The New York Post has been flooding Twitter and their paper with stories about crime by migrant shelters and “illegal immigrants earning thousands while living for free in shelters.” These stories seem to based entirely on hearsay and are at best anecdotal if not totally fabricated. What is troubling is how quickly and loudly the tone of the conversation has changed in the past two months. We saw during COVID how easy it is for fake news and fear can fan flames of xenophobia, hate, and sometimes even violence, when there were several incidents of Asian New Yorkers being victimized after stories about lab leaks in China. Unlicensed migrants, unregistered cars turn NYC shelter neighborhood into demolition derby https://t.co/PcktsfNl20 pic.twitter.com/OylaXnfdAh — New York Post (@nypost) September 23, 2023 Let’s hope things calm down and people don’t go down that path. This is New York–it’s difficult to imagine New Yorkers turning against immigrants–immigrants do make up the majority of the city.