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Immigration News Briefs

Provided by Humera Subhani

December 2022

Limited implementation of DACA rule begins

On October 31, 2022, the Department of Homeland Security’s final rule to preserve and fortify DACA went into effect. The final rule’s implementation means that DACA is now based on a formal regulation, thereby preserving and fortifying the program while the program remains the subject of litigation in court. Previously, DACA was based on a policy memorandum that then-DHS Secretary Janet Napolitano issued on August 15, 2012.

Under the final rule, USCIS will continue to accept and process applications for deferred action, work authorization, and advance parole for current DACA recipients. Due to ongoing litigation, USCIS will continue to accept but cannot process initial DACA requests.

The final rule affirms that:

Current DACA recipients’ deferred action, employment authorization, and advance parole will continue to be recognized as valid under the final rule.
DACA is not a form of lawful status but DACA recipients are considered “lawfully present” for certain purposes.
Non-citizens who meet eligibility criteria, clear all national security and public safety vetting, and are found to merit a favorable exercise of discretion may be granted deferred action and obtain renewable two-year work authorization. Given pending litigation, however, the Department is currently barred from granting deferred action to any new DACA recipients.

Current grants of DACA and related Employment Authorization Documents are valid, and USCIS will accept and process renewal DACA requests and accompanying requests for employment authorization under the final rule.

ACICS not recognized as accrediting agency

The U.S. Department of Education (ED) announced that it no longer recognizes the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency. This determination immediately affects two immigration-related student programs:

English language study programs, as the programs are required to be accredited under the Accreditation of English Language Training Programs Act; and
F-1 students applying for a 24-month science, technology, engineering and mathematics (STEM) optional practical training (OPT) extension, as the regulations require them to use a degree from an accredited, Student and Exchange Visitor Program (SEVP) certified school for their STEM OPT extension. The school must be accredited at the time of the application; this is the date of the designated school official’s (DSO) recommendation on the Form I-20, Certificate of Eligibility for Nonimmigrant Student Status. M-1 students are not eligible for OPT.

SEVP will provide guidance to affected students in notification letters if their schools’ certification is withdrawn. However, students enrolled at an ACICSaccredited school should contact their DSOs immediately to better understand if and how the loss of recognized accreditation will affect their status and/or immigration benefits applications.

ACICS-accredited schools will be unable to issue program extensions, and students will only be allowed to finish their current session if the ACICS-accredited school chooses to voluntarily withdraw its certification or is withdrawn by SEVP. If a student’s ACICS-accredited school can provide evidence of an ED-recognized accrediting agency or evidence in lieu of accreditation within the allotted timeframe, the student may remain at the school to complete their program of study.

APPLICATION FINAL ACTION DATES FOR DECEMBER 2022

FAMILY	India	Pakistan/Bangladesh
1st	01Dec14	01Dec14
2A	Current	Current
2B	22Sep15	22Sep15
3rd	22Nov08	22Nov08
4th	15Sep05	22Mar07

EMPLOYMENT	India	Pakistan/Bangladesh
1st	Current	Current
2nd	08Oct11	01Nov22
3rd	15Jun12	Current
Other	15Jun12	01Jun20
4th	22Jun22	22Jun22
5th	08Nov19	Current1B

DATES FOR FILING VISA APPLICATIONS - DECEMBER 2022

FAMILY	India	Pakistan/Bangladesh
1st	08Aug16	08Aug16
2A	Current	Current
2B	01Jan17	01Jan17
3rd	08Nov09	08Nov09
4th	22Feb06	15Dec07

EMPLOYMENT	India	Pakistan/Bangladesh
1st	Current	Current
2nd	01May12	01Dec22
3rd	01Aug12	Current
Other	01Aug12	08Sep22
4th	22Jun22	22Jun22
5th	08Dec19	Current1B