To all of our clients and readers of our blog, without you, we wouldn’t have (or love) our jobs! So we want to just say thanks on this Labor Day weekend and wish you a safe and healthy celebration!
In observance of the Labor Day holiday our offices will be closed Monday September 2nd. We will return to our normal business hours on Tuesday September 3rd. We look forward to serving you.
Parole in Place – Keeping Families Together Updates
As previously reported, a federal judge in Texas has temporarily blocked the Biden administration from approving parole requests under the Keeping Families Together program.
What does this mean for parole in place applications?
Due to a 14-day administrative stay handed down by District Court Judge J. Campbell Barker on August 26, 2024, in the case, Texas v. Department of Homeland Security, the U.S. Citizenship and Immigration Services (USCIS) cannot approve parole in place applications filed under the Keeping Families Together program.
The order may be extended by the judge at the conclusion of the 14-day period.
USCIS has stated on its webpage that during the district court’s administrative stay, USCIS will:
USCIS also reminds the public that the administrative stay does not affect any parole in place applications that were approved before the court’s administrative stay order was issued at 6:46 p.m. Eastern Time on August. 26, 2024.
Those who are eligible must consult with an immigration attorney as soon as possible to determine whether to proceed with applying for parole in place while applications are still being accepted by USCIS.
For more information about this lawsuit, please click here.
EB-1 Visa Updates
Recently, the State Department confirmed that all numbers in the EB-1 preference category have been utilized for fiscal year 2024 and that no further EB-1 visas/green cards will be issued for the remainder of this fiscal year which ends on September 30, 2024.
It is also foreseeable that the EB-2 and EB-4 categories will become unavailable in the near future.
The U.S. Department of State’s Bureau of Consular Affairs recently published the September Visa Bulletin. In this blog post, we breakdown the movement of the employment-based and family-sponsored categories in the coming month.
USCIS Adjustment of Status
For employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will continue to use the Final Action Dates chart to determine filing eligibility for adjustment of status to permanent residence in the month of September.
For family-sponsored preference categories, USCIS will continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of September.
Highlights of the September 2024 Visa Bulletin
Employment-Based Categories
EB-3 Final Action Dates
Other Categories
Employment Based Demand Will Reach FY 2024 Limits in September
Family-Sponsored Categories
Now let’s dive into our analysis.
In this post, we share exciting news for participants of the H-1B FY 2025 electronic registration cap season!
On August 5, 2024, the U.S. Citizenship and Immigration Services (USCIS) announced that it conducted a second lottery to reach the annual numerical limit for the regular cap.
The second lottery selected additional beneficiaries from previously submitted electronic registrations for the H-1B Fiscal Year 2025 cap season.
Petitioners with selected registrations in the second lottery have been notified via their myUSCIS organizational accounts online that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.
USCIS reminds petitioners that only those with selected registrations are eligible to file an H-1B cap-subject petition during the filing period indicated on the selection notice. The period for filing the H-1B cap-subject petition will be at least 90 days. Petitioners will need to include a copy of the applicable selection notice with their FY 2025 H-1B cap-subject petition found on their myUSCIS online accounts.
Unfortunately, a second lottery was not conducted for the advanced degree exemption (also known as the master’s cap), because USCIS reached the annual numerical limit after the first lottery was completed.
Petitioners should be aware that having a selected registration gives you the ability to file an H-1B cap-petition with USCIS, however it does not mean that your case has been approved. You have the burden of proving eligibility for your petition, including the submission of all supporting documentation for your case, and you must await adjudication to receive a final decision from USCIS.
La semana pasada el mundo de inmigración vivió un evento sísmico. El Presidente anunció una acción ejecutiva histórica sobre inmigración que cambiará para siempre las vidas de los cónyuges indocumentados de ciudadanos estadounidenses y agilizará el proceso de visas de trabajo de no inmigrantes para los beneficiarios de DACA y otras personas indocumentadas.
En esta publicación, compartimos con ustedes todo lo que sabemos sobre cómo la orden ejecutiva beneficiará a los graduados universitarios estadounidenses que buscan visas de trabajo.
La acción ejecutiva del presidente Biden se anunció en el duodécimo aniversario del programa de Acción Diferida para los Llegados en la Infancia (DACA), promulgado por primera vez bajo la administración Obama. Además de brindar protección a las personas contra la deportación, la orden brinda alivio a potencialmente miles de beneficiarios de DACA y otros soñadores que han obtenido títulos académicos en los EE. UU. y están buscando oportunidades de empleo en campos relacionados con su curso de estudio.
Al hacerlo, el gobierno permitirá a los soñadores explorar opciones existentes de visas basadas en empleo, como las visas H-1B, TN, L, O, etc.
Detalles Claves
¿Qué hace la Orden Ejecutiva?
Importancia
Debido al polémico clima político, el Congreso de los Estados Unidos no ha logrado aprobar una reforma migratoria significativa que proporcione un camino legal para que los soñadores permanezcan en los Estados Unidos y contribuyan positivamente a la economía estadounidense, utilizando las habilidades y la educación que obtuvieron aquí en los Estados Unidos.
Por primera vez, el gobierno ordenará al Departamento de Estado (DOS) y al Departamento de Seguridad Nacional (DHS) que emitan una guía aclaratoria que haga posible que los beneficiarios de DACA y otras personas sin estatus legal soliciten exenciones aceleradas de inelegibilidad y visas de trabajo temporales.
Last week the world of immigration experienced a seismic event. The President announced a historic executive action on immigration that will forever change the lives of undocumented spouses of U.S. citizens and streamline the nonimmigrant work visa process for DACA recipients and other individuals. In this blog post, we share with you everything we know about how the executive order will benefit U.S. college graduates seeking work visas.
President Biden’s executive action was announced on the 12th anniversary of the Deferred Action for Childhood Arrivals (DACA) program, first enacted under the Obama administration. In addition to providing individuals protection from deportation, the order provides relief to potentially thousands of DACA recipients and other Dreamers who have earned academic degrees in the U.S. and are seeking employment opportunities in fields related to their course of study.
In doing so, the government will allow Dreamers to explore existing employment-based visa options such as H-1B, TN, L, O visas, etc.
Key Highlights
What the Executive Order does
Why This Matters
Due to the contentious political climate, the U.S. congress has failed to bring about meaningful immigration reform that provides a legal pathway for Dreamers to remain in the United States and positively contribute to the U.S. economy, utilizing the skills and education they gained here in the United States.
For the first time ever, the government will direct the State Department (DOS) and Department of Homeland Security (DHS) to issue clarifying guidance making it possible for DACA recipients and other individuals without legal status to apply for expedited waivers and temporary work visas.
How will this process work?
While complete details have not yet been released, the government will facilitate expedited review of waivers of visa ineligibility by clarifying that it is within a Consular officer’s discretion to grant a waiver for such individuals, making it easier for them to apply for work visas.
212(d)(3) Waivers and the Ten-Year Unlawful Presence Bar
Under current immigration law, DACA recipients and other undocumented immigrants face additional barriers to obtaining temporary work visas due to their unlawful presence. Under the law, anyone who has accrued unlawful presence for a year or more is subject to a ten-year bar that is triggered upon departing the United States. As a result, the ten-year bar prevents an individual from re-entering the United States for at least ten-years after their departure. This has been a long-standing problem for undocumented immigrants because the bar is triggered even when an individual leaves to obtain a visa at a U.S. Consulate or Embassy abroad.
To overcome the ten-year bar, work visa applicants are forced to obtain a discretionary waiver from the U.S. Customs and Border Protection’s Admissibility Review Office. This waiver is known as the INA 212(d)(3) waiver and is designed to excuse certain grounds of inadmissibility including unlawful presence. An approved waiver removes the bar and allows such individuals to apply for temporary work visas at U.S. Consulates and Embassies. Only once the U.S. work visa is issued, can the individual re-enter the United States in nonimmigrant visa status and work for their employer pursuant to the terms of the employment visa.
We are pleased to inform our readers that today June 10th, the U.S. Department of State’s Bureau of Consular Affairs released the July Visa Bulletin. In this blog post we breakdown the projected movement of the employment-based and family-sponsored categories during the month of July.
USCIS Adjustment of Status
For employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed that in July it will continue to use the Final Action Dates chart to determine filing eligibility for adjustment of status to permanent residence.
For family-sponsored preference categories, USCIS will continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence.
Highlights of the July 2024 Visa Bulletin
Employment-Based Categories
Final Action Dates
EB-1 Aliens of extraordinary ability, Outstanding Professors and Researchers, and Certain Multinational Managers or Executives
EB-2 Members of the Professions and Aliens of Exceptional Ability
EB-3 Professionals and Skilled Workers
EB-3 Other Workers
The U.S. Department of State’s Bureau of Consular Affairs has published the June Visa Bulletin. In this blog post we breakdown the projected movement of the employment-based and family-sponsored categories in the month of June.
USCIS Adjustment of Status
For employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) confirmed that in June it will use the Final Action Dates chart to determine filing eligibility for adjustment of status to permanent residence.
For family-sponsored preference categories, USCIS will use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence.
Highlights of the June 2024 Visa Bulletin
Employment-Based Categories
The June Visa Bulletin shows no advancement in most employment-based categories.
Family-Sponsored Categories
For the family-sponsored preference categories, the Dates for Filing Chart remains unchanged from the previous month, with the exception of:
New fraud prevention mechanisms applied to the H-1B program in fiscal year 2025 have led to a dramatic decrease in the number of eligible registrations for H-1B cap visas, plunging to almost 40% from the past year.
These fraud prevention mechanisms were introduced with the final rule “Improving the H-1B Registration Selection Process and Program Integrity,” which changed the H-1B selection process to center around unique beneficiaries, preventing employers from gaming the system and unfairly increasing their chances of selection.
Starting this fiscal year, each beneficiary could only be registered under one passport or travel document to prevent the submission of multiple registrations.
Recent USCIS data suggests that these new changes to the H-1B system were successful at combating fraud. The agency recently released its selection statistics for the fiscal year 2025 H-1B cap season.
The data shows a significant drop in the number of eligible registrations for fiscal year 2025 totaling 470,342—representing a 38.6% reduction when compared to the 758,994 eligible registrations received in fiscal year 2024.
Of these eligible registrations (470,342), USCIS selected 114,017 beneficiaries, resulting in a total of 120,603 selected registrations for fiscal year 2025.
The number of workers who were registered did not change significantly at 442,000 when compared with 446,000 last year.
The long-awaited May 2024 Visa Bulletin has arrived! If you’d like to know all about the projected movement of the employment-based and family-sponsored categories in the month of May, we’ve got you covered.
Highlights of the May 2024 Visa Bulletin
Dates for Filing Chart
For the family-sponsored preference categories, the Dates for Filing Chart remains unchanged from the previous month, with the exception of the F2B category for Mexico which will advance by 1 month to September 1, 2004. Additionally, F3 Worldwide, China, and India will advance by 3 months to June 1, 2010. Finally, F4 India will advance by 2.2 months to June 15, 2006, F4 Mexico will advance by 1 week to April 22, 2001, and F4 Philippines will advance by over 1 month to June 1, 2005.
For the employment-based petitions, the Dates for Filing remain unchanged from the previous month.
Employment-based categories Final Action Chart
The Final Action Dates Chart shows no movement for all employment-based preference categories.
Family-sponsored categories
Movement in the Final Action Dates
On the other hand, the Final Action Dates Chart for the family-sponsored categories advanced in almost all categories as follows:
Visa Lawyer Blog