November 2024 Visa Bulletin: More of the Same

The November 2024 Visa Bulletin shows little movement, which is actually good news as there is no retrogression in employment-based visas. For family-based visas, some advancements are noted.

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Federal Appeals Court to Hear DACA Arguments

The latest in a series of DACA arguments will be heard this week. The program remains the subject of ongoing legal actions that will likely proceed to the U.S. Supreme Court.

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No Extension for Parole Program for Cuba, Haiti, Nicaragua, and Venezuela Nationals

The parole program for qualifying individuals from Cuba, Haiti, Nicaragua, and Venezuela will not be extended, per DHS. Individuals should pursue other available options to remain in the U.S. or face removal.

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Texas Public Charge Lawsuit Dismissed Due to Lack of Standing

Texas' challenge to the Biden administration overturn of a Trump era Public Charge expansion is denied on the basis the state did not prove they have standing in the change.

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EB-1 Evidence Guidance Updated

USCIS updated guidance on EB-1 evidence guidance, specifically on team awards, memberships in associations, published material in trade publications, and more.

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Asylum Restriction Benchmarks Extended

DHS-DOJ issue a final rule to restrict asylum eligibility when crossing between ports of entry. In the update, the period for reduced interactions between borders is extended.

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Qatar Added to the Visa Waiver Program

Qatar is added to the U.S. Visa Waiver Program, enabling easier tourism and business processes, among other benefits. Qatar is the first Gulf country to enter the program.

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Afghan Nationals See Extensions to Some Expedited Processing and Fee Exemptions

USCIS announced the extension of some fee waiver benefits as well as expedited process for Afghan nationals who qualify as part of the Enduring Welcome program.

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Child Status Protection Act Age Calculation Update Announced by USCIS

USCIS announced updates to the age calculation for individuals who demonstrate extraordinary circumstances under the Child Status Protection Act.

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Oklahoma Immigration Law Not Impacted by Supreme Court Decision, says State

The state of Oklahoma is challenging a district court ruling that froze the state's law making it illegal for unauthorized immigrants to be present in the state.

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Immigration Board Finds Retail Theft Not Grounds for Removal

Retail theft does not qualify as an act of moral turpitude, or acts that are considered inherently dishonest or morally wrong, such as fraud or violent crimes. As such, retail theft is not sufficient grounds for removal.

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Permanent Labor Certification Denied Over Delayed Audit Response

The importance of a timely response for permanent labor certification cannot be stressed enough. Delayed or inappropriate responses limit the options to receive the certification.

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Visa Denials for Afghan Allies Children Can’t Be Challenged, per DHS

A group of Afghan allies are challenging their children's visa denials. At the basis of the the challenge is the aging out of the Afghan allies' children, under the Afghan Special Immigrant Visa program.

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Increase in Federal Judges Pursued Following Senate Bill Approval

The JUDGES Act proposes the addition of an additional 66 federal judges to address ongoing backlogs of federal cases, including immigration matters.

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Illegal Crossings Halved Following Biden Asylum Policy

Illegal encounters at the southwest border have fallen in half since the Biden asylum policy went into effect in June 2024. Asylum claims are paused for those crossing the border illegally if encounters meet certain thresholds.

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No Detention Time Limit for Removal Proceedings

A district court review found an immigration judge incorrectly released an individual on bond on the basis that they were detained in excess. Per U.S. Supreme Court rulings, there is no limit to the period of federal detention in cases of removal.

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Validity Extended to 36 Months for Green Card Renewal

Green card renewal periods are extended to 36 months in recognition of continued processing delays, effective September 10, 2024, to qualifying applications.

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DC Circuit Asked to Review Spousal Work Permits

The full D.C. circuit court panel of judges are being asked to review spousal work permits following a three-judge panel finding the program can continue.

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Family Pushes for Asylum Claim Decision Following Seven Year Wait

A family in the U.S. since 2016 filed a lawsuit asking the U.S. federal government to process their asylum claim. The claim has been awaiting adjudication since 2017.

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October 2024 Visa Bulletin: Disappointing Start to Fiscal Year 2025

The October 2024 Visa Bulletin, the first of Fiscal Year 2025, shows disappointing results. Although available visa numbers by category are reset, we see some retrogression in some categories.

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