Hidden deep within the 1998 Omnibus Appropriations Act was the Haitian Refugee Immigration Fairness Act of 1998 (HRIFA) which will provide for the adjustment of status of certain Haitian nationals (see our October 1998 issue at http://www.visalaw.com for more details). Regulations detailing application of the new law, including statements of eligibility, lists of the necessary forms, and instructions on how and where to apply, are due to be released in early 1999. We do not know much yet about the regulations, but we do know that it is very likely that all cases will be filed with the Nebraska Service Center (since the NSC is the least burdened when it comes to NACARA cases).

The INS is cautioning those who think they may be eligible for relief under the new law to wait until the regulations are released before applying for benefits. As many as 50,000 Haitians living in the U.S. may be eligible for relief.

A recently published notice extended employment authorization for Haitians who were granted Deferred Enforced Departure-related work authorization under a Presidential order in December of 1997. The Employment Authorization Documents were due to expire on December 22, 1998, but will now expire on December 22, 1999. While the Deferred Enforced Departure period is still set to expire on December 22, 1998, the INS is instructing field officers to not initiate removal proceedings against any Haitian who appears eligible for relief under HRIFA.