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Move ensures alignment with Executive Order 13767
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced its intention to terminate two categorical parole programs, consistent with Executive Order (E.O.) 13767, Border Security and Immigration Enforcement Improvements, and to better ensure that parole is used only on a case-by-case basis, consistent with the law. Parole is a process that allows foreign nationals to temporarily enter or remain in the United States, including those who are otherwise inadmissible. The programs to be terminated are the Haitian Family Reunification Parole program and the Filipino World War II Veterans Parole program.
Under both of these categorical parole programs, individuals with approved family-based immigrant petitions have been authorized to enter and work in the United States while waiting for their green card to become available. The decision to end these parole programs ends the expedited processing that was made available to these populations in a categorical fashion. It follows an extensive review to better ensure that parole authority under the Immigration and Nationality Act is exercised on a case-by-case basis when there is a significant public benefit or urgent humanitarian reason. Categorical parole refers to programs designed to consider parole for entire groups of individuals based on pre-set criteria.
“Under these categorical parole programs, individuals have been able to skip the line and bypass the proper channels established by Congress. With the termination of these programs, these individuals will no longer be permitted to wait in the United States for their family-based green card to become available, consistent with the rules that apply to the rest of the world,” said USCIS Acting Director Ken Cuccinelli. “Parole is to be used on a case-by-case basis for urgent humanitarian reasons or significant public benefit. USCIS is committed to exercising this limited authority in a manner that preserves the integrity of our immigration system and does not encourage aliens to unlawfully enter the United States.”
While USCIS begins the process to terminate the Haitian Family Reunification Parole and Filipino World War II Veterans Parole programs, the agency continues to review all remaining categorical parole programs. USCIS will not terminate any program until we complete required administrative changes to Form I-131, Application for Travel Document, and the form is approved for public use. The Paperwork Reduction Act (PRA) process will provide notice to the affected individuals, explain the reasons USCIS is taking action, and provide public comment periods on the termination of these programs.
Current parolees will maintain their current period of parole until its expiration, unless it is otherwise terminated. USCIS will also process all pending cases to completion. In addition, parolees who have not adjusted status or been admitted may request parole under the non-categorical process by filing Form I-131, in accordance with the form instructions. Additional information on applying for non-categorical parole is available on the Humanitarian or Significant Public Benefit Parole for Individuals Outside the United States page.
For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), Instagram (/uscis), YouTube (/uscis), and Facebook (/uscis).
| In an earlier email, we inadvertently included an extraneous subheading. The corrected message follows. We apologize for the mistake. H-2B Petitioners Must Include Temporary Labor Certification Final Determination with Form I-129 On July 3, the U.S. Department of Labor (DOL) implemented its new Foreign Labor Application Gateway (FLAG) system for the H-2B temporary non-agricultural worker program. As of July 3, employers who file an H-2B application for temporary labor certification in FLAG will only receive a temporary labor certification electronically. If your application for a temporary labor certification was processed in FLAG, you must include a printed copy of the electronic one-page “final determination” of your H-2B temporary labor certification approval when you submit your Form I-129, Petition for a Nonimmigrant Worker. We will consider a printed copy of the final determination as your original and approved temporary labor certification. You must also ensure that the DOL Case Number identified on the final determination is the same as the ETA Case Number you provide in Part 5, Item 2 of your Form I-129.
Minimum Investments, Targeted Employment Area Designations Among Reforms
On July 3, the U.S. Department of Labor (DOL) implemented its new Foreign Labor Application Gateway (FLAG) system for the H-2B temporary non-agricultural worker program. As of July 3, employers who file an H-2B application for temporary labor certification in FLAG will only receive a temporary labor certification electronically.
If your application for a temporary labor certification was processed in FLAG, you must include a printed copy of the electronic one-page “final determination” of your H-2B temporary labor certification approval when you submit your Form I-129, Petition for a Nonimmigrant Worker. We will consider a printed copy of the final determination as your original and approved temporary labor certification.
You must also ensure that the DOL Case Number identified on the final determination is the same as the ETA Case Number you provide in Part 5, Item 2 of your Form I-129.
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News: July 26, 2019
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On July 20, Patrick Pizzella became Acting Secretary of Labor. Follow Acting Secretary Pizzella on Twitter at @PatPizzellaDOL.
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The Department issued an opinion letter addressing whether drivers must be compensatedfor time spent in a truck's sleeper berth while otherwise relieved from duty.
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A new opinion letter provides guidance on how federal contractors would formulate similarly situated employee groups, or pay analysis groups, for conducting compensation analyses.
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Acting Secretary Pizzella joined President Donald J. Trump, members of the Cabinet, and senior officials at a White House event recognizing the first anniversary of the Administration's Pledge to America's Workers.
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During Safe + Sound Week, OSHA will join U.S. businesses and organizations to recognize the importance of workplace safety and health.
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The Department has awarded $11.1 million in grants to increase the efficiency and effectiveness of state workforce data systems.
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A $2.5 million grant programwill help women affected by the opioid crisis to re-enter the workforce, the Department announced.
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OSHA cited a Georgia transit service provider for exposing employees to safety and health hazards, and proposed $188,714 in penalties.
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A Department-funded online toolkit will help employers ensure disability-inclusive workplaces.
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A military shipbuilder and federal contractor agreed to pay $159,050 in back wages and interest to resolve hiring discrimination allegations.
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Stat of the Week
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U.S. job creators have hired more than 545,000 apprentices since the start of 2017.
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Compliance Assistance Highlight
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For outdoor workers, long hours in the heat can be dangerous. Find education and training materials, a heat safety app, and more compliance assistance materials at osha.gov/heat.
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