The Department of Homeland Security Implements New Processes for Cubans, Haitians, and Nicaraguans

The Department of Homeland Security (DHS) has announced new programs for the safe, orderly, and lawful migration of Cubans, Haitians and Nicaraguans to the U.S. similar to the humanitarian programs implemented for Venezuelans and Ukrainians in response to the surge in irregular migration at the southern border.  Under these programs, Cubans, Haitians, and Nicaraguans with U.S.-based supporters will be considered, on a case-by-case basis, for advance authorization to travel to, live and work in the United States for up to two years.  DHS started implementing these new programs for Cubans, Haitians, and Nicaraguans on January 6, 2023.

To qualify, foreign nationals must have a sponsor in the United States complete Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, on their behalf. The foreign national then must pass national security vetting and vaccination requirements, and, once approved, fly to the United States at their own expense with a valid, unexpired passport. Beneficiaries will then be issued a two-year period of stay and work authorization.  In order to enter the United States, beneficiaries must complete the process electronically and arrive in the United States through an airport.

There are no government filing fees for these programs.  

The expansion of the humanitarian processes for Venezuela and Ukraine to Cuba, Haiti, and Nicaragua will provide a safe and lawful pathway for qualifying nationals to apply to come to the United States without having to make the dangerous journey to the border.

The U.S. and Mexico are working jointly on improving border security.  The U.S. has agreed to accept more Cubans, Haitians, Nicaraguans, Ukrainians and Venezuelans in exchange for Mexico's willingness to accept the return or removal of nationals from these countries if they have not followed the legal pathways.

The full USCIS announcement is available here

This alert is for informational purposes only. Please contact us if you would like to discuss these developments further.

Nadia Yakoob