EB-2 Visa Annual Limit Reached for FY2024

The annual limit for EB-2 visas for FY2024, which ends September 30, 2024, has been reached. No additional EB-2 visas will be available to issue until October 1, 2024.

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Visa Extension Allowed After US Worker’s Resignation

A U.S. Department of Labor judge approved a visa extension request following a U.S. employee's unexpected resignation. The previous denial was overturned based on the lack of control premise.

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Some Removal Notices May Be Updated by Immigration Judges

The Board of Immigration Appeals found immigration judges can correct information included on removal proceedings, including the date and time to appear.

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Spousal Green Card Program Stall and Challenges Continue

The Keeping Families Together spousal green card program is again stalled, with additional challenges being filed. At minimum, the program cannot process applications through September 23, 2024.

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DHS Challenges Spousal Parole Program Block

DHS is challenging the temporary block of the Keeping Families Together spousal parole program. They claim the group of states led by Texas do not have a legal basis to the program.

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DC Circuit Says Feds Can Withhold Asylum Assessments

USCIS is not required to comply with Freedom of Information Act requests to provide immigration officers' asylum assessments, per the D.C. circuit court.

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Updated Vetting Process Included with Reactivated Immigration Program

The immigration program offering qualifying individuals from Cuba, Haiti, Nicaragua and Venezuela to come to the U.S. is now resumed with an updated vetting approach.

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Citizenship Bid Rejected Despite 21-Year Gov’t Delay

Despite a 21 year delay in addressing the issue, an individual's U.S. citizenship status was reversed, following two legal efforts to retain status.

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Timeframe Tightened for DHS to File Notice to Appear

The Executive Office for Immigration Review released a policy memorandum clarifying requirements as to the timing required by DHS to file a Notice to Appear.

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USCIS Policy Manual Update to OPT Eligibility for STEM Fields

USCIS updated their Policy Manual for OPT eligibility for STEM majors. In the update, USCIS clarifies guidance for F and M nonimmigrant students and their eligibility for OPT programs in STEM fields.

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Keeping Families Together, Mixed Status Parole Program Paused

Keeping Families Together, the mixed status parole program, is now paused for fourteen days, following a lawsuit filed by a group of states including Texas. Applications can continue to be submitted.

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U.S. Embassy in Cuba Expanding Some Visa Services

The U.S. Embassy in Cuba is expanding interview services for qualifying individuals for specific visa types. Visitor visa interview appointments are not available.

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Employment-Based Petition Reforms on DHS 2025 Agenda

DHS released an agenda outlining potential employment-based petition reforms in their 2025 plans. Among the items to be reviewed are the rules that guide extraordinary ability, among others.

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Filing Guide for Keeping Families Together Program Published

The Keeping Families Together program for mixed status families to parole in place opens Monday August 19, 2024. Qualifying individuals can apply online only, including spouses and stepchildren of U.S. citizens.

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Data Breach Reportedly Includes Social Security Number of Most Americans

A recent data breach exposed an estimated 2.7 billion records including social security number, address, and more, exposing most Americans. Take time to protect yourself now.

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Asylum Processing at Northern Border To Be Expedited

Asylum processing at the northern U.S. border to Canada will soon be expedited, using similar but not precisely the same approach as processing at the southern border.

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Diversity Visa Lottery Winners Challenge Full Circuit Court

A group of 2020 and 2021 Diversity Visa lottery winners are challenging the full D.C. circuit court to reconsider a previous panel judge finding that the U.S. is not required to process submitted visas.

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USCIS Guidance Drives Increase in O-1A, National Interest Waiver Visas

The January 2022 guidance on O-1A and National Interest Waiver visas drove an increase in applications. However, attention to detail is required for a successful outcome.

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September 2024 Visa Bulletin: Most Categories Unchanged, Retrogression in EB-3

The September 2024 Visa Bulletin shows little to no advancement and a year of retrogression for the EB-3 employment-based visa, which is unsurprising at the end of the government's fiscal year.

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Parole Processing Paused for Four Countries Due to Fraud Concerns

The Biden administration temporarily paused parole processing for individuals from Cuba, Haiti, Nicaragua, and Venezuela due to concerns over fraud for financial support providers.

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