Temporary Protection Status Extended for El Salvador
The Department of Homeland Security has extended temporary protected status (TPS) for eligible nationals of El Salvador for an additional 18 months, beginning September 10, 2013, and ending March 9, 2015. Re-registration is limited to applicants who have previously registered for TPS under the designation of El Salvador and whose applications have previously been granted. To maintain their TPS status, Salvadoran applicants who already have TPS must re-register during the 60-day re-registration period which runs from May 30, 2013, through July 29, 2013. If you are a Salvadoran national and currently hold TPS status, we encourage you to re-register as soon as possible to make sure you meet the July 29, 2013 deadline.
The 18-month extension allows TPS re-registrants to apply for a new employment authorization document, or the EAD. USCIS will issue new EADs with a March 9, 2015 expiration date to eligible applicants who timely re-register and apply for an EAD under this extension. Because not all cases will be completed by the time the current Salvadoran TPS EADs expire in September 2013, the Department of Homeland Security has also automatically extended the validity of current EADs issued under the TPS designation for El Salvador for 6 months, from September 9, 2013 through March 9, 2014.
Important Dates to Consider:
- TPS extended through: March 9, 2015
- Re-Registration period for Salvadorians who already have TPS: May 30, 2013 - July 29, 2013.
- Employment Authorization Document (EAD) Auto-Extension through: March 9, 2014
Residence and Physical Presence Requirements for TPS re-registration:
- Continuous Residence in U.S. Since: February 13, 2001
- Continuous Physical Presence in U.S. Since: March 9, 2001
- TPS Designation Date: March 9, 2001
Temporary Protection Status Extended to Syrians
The Department of Homeland Security has also re-designated and extended Temporary Protected Status (TPS) for eligible nationals of Syria (and individuals without nationality who last habitually resided in Syria), for an additional 18 months, beginning October 1, 2013, and ending March 31, 2015. TPS registration and re-registration for Syria is available both for eligible individuals who have already previously registered for TPS for Syria, and for eligible individuals who have been continuously residing in the U.S. since June 17, 2013 and who have not yet applied for TPS status for Syria.
- Eligible applicants who already have TPS status must re-register for extension of their existing TPS status during the 60-day re-registration period which runs from June 17, 2013, through August 16, 2013. USCIS will issue new Employment Authorization Document (EAD) with a March 31, 2015 expiration date to eligible applicants with existing TPS status for Syria who timely re-register.
- Eligible applicants who do not currently have TPS status must submit an initial application to register for TPS from June 17, 2013 through December 16, 2013.
- If you are a Syrian national and currently hold TPS status, or are a Syrian national who has resided in the U.S. since June 17, 2013 and have not yet applied for TPS status, we encourage you to register as soon as possible to meet these deadlines.
Important Dates to Consider:
- TPS extended through: March 31, 2015
- Re-Registration period for Syrians who already have TPS: June 17, 2013- August 16, 2013.
- Initial registration for Syrians who have not yet applied for TPS: June 17, 2013-December 16, 2013.
Residence and Physical Presence Requirements for TPS re-designation:
- Continuous Residence in U.S. Since: June 17, 2013
- Continuous Physical Presence in U.S. Since: October 1, 2013
E-2 Treaty Investor Visa
The E-2 nonimmigrant visa allows a citizen of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States or change status from within the United States when he or she makes a substantial investment in a business in the United States and wishes to enter or remain in the U.S. to develop and direct that business. This visa category may be an excellent option for a person who owns or desires to purchase or invest in a small business in the U.S. and to actively manage that business here. There is no set minimum amount of investment; instead the amount of investment varies depending on the nature of the business. Notably, the business cannot be “marginal,” meaning it must have the present or future capacity to generate more than just a minimal living for the owner and his or her family. Employees of an E-2 treaty investor who have the same nationality as the treaty employer may similarly apply for the E-2 visa if the position is primarily an executive or supervisory one or if the person is an essential employee.
If granted an E-2 visa, the investor and/or employees will be allowed a maximum initial stay or status of two years. Recipients may apply for extensions of up to two years and there is no maximum limit to number of extensions.
Spouses and children of E-2 Investors may apply as dependants and if approved, are granted similar periods of stay as the investor. Spouses of E-2 visa holders may also apply for and obtain an Employment Authorization Document (EAD).
At Dyer Immigration Law Group, our attorneys and staff are dedicated to helping our clients pursue their immigration goals, including successfully navigating the TPS process and the E-2 treaty investor visa process. Contact us today to discuss your options.