In this GMS Flash Alert, we report on the latest U.S. immigration updates, including the extension of Temporary Protected Status (TPS) for El Salvador, Sudan, Ukraine, and Venezuela, the addition of Romania to the Visa Waiver Program (VWP), and the expiration of the settlement agreement requiring that USCIS bundle the adjudication of H-4 and L-2 applications filed concurrently with the principal I-129 petition.
WHY THIS MATTERS
Eligible foreign nationals that are from the specified countries should be aware and take advantage of the potential immigration benefits that may apply to them.
Additionally, foreign nationals impacted by the potential delay in adjudication of their dependents’ applications should consider the extended government processing times and plan accordingly with their immigration counsel to file dependent applications well in advance of expiry.
Finally, employers sponsoring employees to which the identified policy changes could apply should make sure that they are timely informing them of the potential impacts and/or benefits available.
End of Settlement Agreement to Bundle Adjudication of H-4 and L-2 Dependent Applications Filed Concurrently with Principal I-129 Petition
The settlement agreement requiring U.S. Citizenship and Immigration Services (USCIS) to bundle the adjudication of H-4 and L-2 applications filed concurrently with a principal’s Form I-129 is set to expire on January 18, 2025. This includes both Form I-539 extensions and changes of status, as well as Form I-765 employment authorization document applications.
The agreement, which concluded Edakunni v. Mayorkas in the State of Washington, took effect in January 2023. (For prior coverage, see GMS Flash Alert 2023-022, January 31, 2023.) It eliminated the additional, months-long processing period that dependent applications were facing prior to the agreement, despite the approval of the principal’s petition and the fact they were filed concurrently. It is unknown whether the incoming Trump Administration will extend the agreement when the President-elect takes office on January 20, 2025, and continue to bundle the adjudication of primary and dependent applications filed concurrently prior to January 18, 2025, and still pending as of January 20.
Further, Further, the incoming Trump Administration has not indicated if it will bring back its policy requiring that I-539 applicants appear in person for biometric appointments, a policy that was eliminated under the Biden Administration which opted to reuse existing biometrics on file.
Addition of Romania to the Visa Waiver Program
The Department of State (DOS) announced that Romanian nationals will be eligible to apply for Electronic System for Travel Authorization (ESTA) under the Visa Waiver Program (VWP) on or around March 31, 2025.1 This means that most Romanian nationals will be able to enter the United States using their approved ESTA without requiring a B-1/B-2 visa, to enter for up to 90 days, either as a business visitor or tourist. Those holding valid B-1/B-2 visas in their passports will still be permitted to use them for travel.
Applicants may submit their ESTA applications up to 72 hours in advance of travel, and ESTA approvals are commonly approved for two years.
Romania becomes the 43rd member of the Visa Waiver Program, following Qatar in 2024, Israel in 2023, and Croatia in 2021.
Extension of TPS for El Salvador, Sudan, Ukraine, and Venezuela
On January 10, 2025, the U.S. Department of Homeland Security (DHS) announced that it is extending Temporary Protected Status (TPS) for El Salvador, Sudan, Ukraine, and Venezuela.2 For Sudan and Ukraine, TPS expiring on April 19, 2025, will be extended to October 19, 2026; for Venezuela, TPS designation expiring on April 2, 2025, will be extended to October 2, 2026; and for El Salvador, TPS designation expiring on March 9, 2025, will be extended to September 6, 2026. (For prior coverage, see GMS Flash Alert 2024-139, June 27, 2024.)
The period of re-registration for current TPS beneficiaries from Sudan, Ukraine, and Venezuela will be specified in the Federal Register published for each country. El Salvador’s re-registration period will begin on January 17, 2025, and will last for 60 days.3 Initial and re-registerting beneficiaries (and TPS Employment Authorization Document (EAD) applicants) who have already filed applications do not need to re-submit them, as their applications will be approved through the dates mentioned above.4
EADs issued under these countries’ previous TPS designations will be automatically extended for 12 months beyond their current expiries. TPS EADs held by Salvadoran beneficiaries will be automatically extended through March 9, 2026.
KPMG INSIGHTS
Individuals eligible to re-register for TPS should track the Federal Register notices to be published shortly, indicating when they can apply for re-registration.
Romanian nationals will now face a more seamless process to enter the U.S. for business visitor or tourism purposes.
Finally, foreign nationals with extensions or changes of status planned for their dependents later this year should be aware that they may face delays in adjudication.
KPMG Law LLP in Canada will be tracking these matters closely. We will endeavor to keep readers of GMS Flash Alert informed on any important developments as they occur.
Footnotes:
1 Department of Homeland Security (DHS), "Secretary Mayorkas and Secretary Blinken Announce Designation of Romania into the Visa Waiver Program,” January 10, 2025.
2 DHS, “DHS to Extend Temporary Protected Status for Sudan”; “DHS to Extend Temporary Protected Status for Ukraine”; “DHS to Extend Temporary Protected Status for Venezuela”; “DHS to Extend Temporary Protected Status for El Salvador,” January 10, 2025.
3 Federal Register, “Extension of the Designation of El Salvador for Temporary Protected Status,” January 10, 2025.
4 Ibid.
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Disclaimer
* Please note the KPMG International member firm in the United States does not provide immigration or labour law services. However, KPMG Law LLP in Canada can assist clients with U.S. immigration matters.
The information contained in this newsletter was submitted by the KPMG International member firm in Canada.
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