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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H-1B Spousal Work Permits Supported, per DC Circuit

A D.C. circuit court upheld DHS' authority to provide H-1B spousal work permits. The subject of a series of lawsuits, the H-4 visa and employment authorization benefits stand.

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Second FY2025 H-1B Cap Selection Complete – New Fees Required

USCIS completed the second FY2025 H-1B cap selection. As these petitions will be filed after April 1, 2024, the new fee structure is in effect for both the Form I-129 and Premium Processing.

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CIS Ombudsman Regional Representatives Expansion

CIS Ombudsman representatives are now placed in four U.S. regions. Their role is to identify regional issues, gather information as to stakeholders interaction with USCIS, and others. They do not support individual cases.

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DHS Site Visits Increase for STEM OPTs

ILBSG is seeing an increase in DHS site visits for STEM OPT programs. As always, employers should be prepared for a visit, ensuring files are properly maintained.

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New Bill Introduced to Keep STEM Graduates in U.S.

A bill has been introduced to ease the post-graduation transition of foreign U.S. university STEM graduates. Among the proposed changes are increasing the number of available visas and making the extension of stay policies more flexible.

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Search Warrant Now Required for Phone Search by Customs Agents in New York

Federal judge finds a phone search is not legal without a warrant at U.S. ports of entry. This applies to New York's eastern district at this time.

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Second FY2025 H-1B Regular Cap Petition Selection Announced

USCIS announced a second FY2025 H-1B regular cap selection is needed in order to reach the numerical allocation.

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Updates to IER Investment and Revenue Threshold

USCIS updated the International Entrepreneur Rule or IER investment and revenue threshold figures, as required by law. The process is completed every three years. No fee change is included.

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H-1B and L-1 Visa Fee Rule Legality Questioned

Immigration attorneys are challenging the DHS proposed H-1B and L-1 visa fee rule that requires some employers to pay the biometric fee for extension of stay requests.

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Employment Immigration Plans for Rest of Year from White House

The White House released their employment immigration plans for the balance of 2024, including H-1B and H-2 updates, among others.

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USCIS Updates Guidance on U.S. Citizenship for Children

USCIS updated guidance in the Policy Manual for U.S. citizenship for children. Specific qualifications and processes are clarified and effective immediately.

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Green Card Process for Mixed-Status Families Opens August 19

Applications for lawful permanent residence status, or a green card, open August 19, 2024, for noncitizen spouses of U.S. citizens. Certain qualifications apply. Do not apply prior to August 19, 2024.

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U.S. Southwest Border Encounters Drop by Over 50 Percent in Six Weeks

Encounters between ports of entry at the U.S. southwest border dropped by over 50% since President Biden's executive order suspending asylum processing when certain thresholds are met.

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U.S. Mayors Endorse Proposed Heartland Visa

A proposed new employment-based visa program, the Heartland Visa, aims to attract foreign highly skilled workers to the heartland of the U.S. The proposal is endorsed by the U.S. Conference of Mayors.

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Yemen Temporary Protected Status Extended

The Temporary Protected Status for Yemen has been extended. The program is extended for 18 months, from September 4, 2024, to March 3, 2026. Specific qualifications apply.

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CBO Finds Immigration Boosts U.S. Economy

Immigration is shown to boost the U.S. economy per a report from the Congressional Budget Office. The benefit includes an increase in the labor pool and increased consumer spending.

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USCIS Updates Entrepreneur Visa Program

USCIS released updated information about the International Entrepreneur Rule and parole program, including clarifying requirements and qualifying evidence.

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August 2024 Visa Bulletin: Small Advancement in EB-2 and EB-3 India

USCIS released the August 2024 Visa Bulletin. At the time of writing, the specific chart individuals already living in the U.S. should use is not yet finalized. Follow us for updates as they are announced.

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