ABIL Immigration Insider • May 5, 2024

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In this issue:

1. USCIS Reports Statistics on Employers and Beneficiaries for FY 2025 H-1B Cap Initial Registration – Following up on U.S. Citizenship and Immigration Services’ (USCIS) previous announcement that it had received enough electronic registrations for unique beneficiaries during the initial registration period to reach the fiscal year 2025 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap), USCIS reported several statistics in an email blast.

2. USCIS Reminds Certain Employment-Based Petitioners to Submit Correct Fees – A new added FAQ asks, How can I make sure that my filing is not rejected at intake for incorrect fees? U.S. Citizenship and Immigration Services’ response emphasizes the differences between “small employer” and “nonprofit” status and includes examples with details.

3. CBP Issues 30-Day Request for Comments on Arrival/Departure Record and Electronic System for Travel Authorization – Comments are due by May 30, 2024.

4. DOL Amends Regulations on Certification for Temporary/Seasonal Nonimmigrant Agricultural Workers – Effective June 28, 2024, the Department of Labor is amending its regulations governing certification of temporary employment of nonimmigrant workers in temporary or seasonal agricultural work and enforcement of contractual obligations applicable to their employers.

5. USCIS Agrees to Refund Ukrainians for I-765 Fees – U.S. Citizenship and Immigration Services (USCIS) announced on April 24, 2024, that it is refunding all of the I-765 work permit fees collected from eligible Ukrainian parolees who entered as parolees after February 24, 2022.

6. DOS Issues Final Rule on Exchange Visitor Program Provisions – The Department of State issued a final rule, effective May 23, 2024, on Exchange Visitor Program regulations that apply to J-1 sponsors. The final rule includes a requirement for digital signatures when signing the Form DS-2019.

7. USCIS to Open International Field Offices in Qatar and Turkey – U.S. Citizenship and Immigration Services announced the opening of international field offices in May in Doha, Qatar, and Ankara, Turkey.

8. Cap Reached for Additional Returning Worker H-2B Visas for Early Second Half of FY 2024 – U.S. Citizenship and Immigration Services has received enough petitions to reach the cap for the additional 19,000 H-2B visas made available for returning workers for the early second half of fiscal year 2024 with start dates from April 1 to May 14, 2024.

9. DOS Announces New Exchange Visitor Program for Japan – The program authorizes an exception under the Specialist category in the Exchange Visitor Program regulations to permit Japanese language and culture specialists to stay up to 36 months in the United States on J-1 visas.

10. USCIS Updates Fee Schedule for Petition for a Nonimmigrant Worker (I-129) – U.S. Citizenship and Immigration Services has updated its fee schedule for Form I-129, Petition for a Nonimmigrant Worker—H-1B and H-1B1 Petitions, to reflect the additional required fees for online filings.

11. DHS Provides Work Authorization for Certain Ethiopian and Palestinian Students in F-1 Nonimmigrant Status – Covered students may request employment authorization, work an increased number of hours while school is in session, and reduce their course loads while continuing to maintain their F-1 nonimmigrant status.

12. DOS Suspends Visa Services in Haiti – The U.S. Embassy in Port-au-Prince has suspended routine immigrant and nonimmigrant visa appointments until further notice.

13. DOJ Secures Agreement to Resolve Claims of Immigration-Related Discrimination at Washington University School of Medicine – The agreement resolves the Department of Justice’s determination that Washington University School of Medicine in St. Louis violated the Immigration and Nationality Act by discriminating against a worker, who had been granted asylum, based on his citizenship status and then retaliating against him for complaining about the discrimination.

14. Non-Minister Special Immigrant Religious Workers Category Extended – H.R. 2882, signed into law on March 23, 2024, extended the Employment Fourth Preference Certain Religious Workers (SR) category until September 30, 2024.

15. DOS Seeks Comments on Attestation for Employers Seeking H-2B Nonimmigrant Workers – The Department of State seeks comments on an Employment and Training Administration information collection request that supports a temporary final rule, Exercise of Time-Limited Authority to Increase the Numerical Limitation for Fiscal Year 2024 for H-2B Temporary Nonagricultural Worker Program and Portability Flexibility for H-2B Workers Seeking to Change Employers.

16. Expansion of Schedule A, Group II Definition to Support STEM Talent – The U.S. Citizenship and Immigration Services has expanded the “science or art” categories within Schedule A, Group II to include any field of knowledge or skill for which colleges and universities commonly offer courses leading to a degree.

17. New Audit Measures for EB-5 Regional Centers – The U.S. Citizenship and Immigration Services has announced new audit measures under the EB-5 Reform and Integrity Act of 2022, affecting all designated regional centers.

18. Employment Authorization Granted to Eligible Palestinians Under DED – Effective immediately, Palestinians covered by Deferred Enforced Departure are eligible to apply for work permits valid through August 13, 2025.

19. ABIL Global: Switzerland – There have been developments toward easier access to the Swiss labor market for certain professions.

New Publications and Items of Interest – New Publications and Items of Interest

ABIL Member / Firm News – ABIL Member / Firm News

Government Agency Links – Government Agency Links

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ABIL-Immigration-Insider-May-2024

1. USCIS Reports Statistics on Employers and Beneficiaries for FY 2025 H-1B Cap Initial Registration

Following up on U.S. Citizenship and Immigration Services’ (USCIS) previous announcement that it had received enough electronic registrations for unique beneficiaries during the initial registration period to reach the fiscal year (FY) 2025 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap), USCIS reported several statistics in an email blast:

  • The agency “selected 114,017 beneficiaries, resulting in 120,603 selected registrations in the initial selection for the FY 2025 H-1B cap.”
  • During the registration period for the FY 2025 H-1B cap, the agency “saw a significant decrease in the total number of registrations submitted compared to FY 2024, including a decrease in the number of registrations submitted on behalf of beneficiaries with multiple registrations.”
  • The number of unique beneficiaries this year for FY 2025 (approximately 442,000) was comparable to the number last year for FY 2024 (approximately 446,000). The number of unique employers this year for FY 2025 (approximately 52,700) was also comparable to the number last year for FY 2024 (approximately 52,000), USCIS said.

USCIS has notified all prospective petitioners with selected beneficiaries that they are eligible to file H-1B cap-subject petitions for those beneficiaries.

Details:

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2. USCIS Reminds Certain Employment-Based Petitioners to Submit Correct Fees

U.S. Citizenship and Immigration Services (USCIS) announced on April 29, 2024, that it has updated its Frequently Asked Questions on the USCIS Fee Rule “to help certain employment-based petitioners understand how to submit the correct required fees.”

A new added FAQ asks, How can I make sure that my filing is not rejected at intake for incorrect fees? USCIS’s response emphasizes the differences between “small employer” and “nonprofit” status and includes examples with details on how USCIS determines the required fees based on the various types of petitions and the employer’s responses to questions in the petition, and how employers should answer the questions and calculate the fees.

For example, for Form I-129, Petition for a Nonimmigrant Worker, USCIS provides several tips, including:

Part 5, Question 14 asks for your “Current Number of Employees in the United States.” If you check “Yes” to Part 5, Question 15, and you answer Question 14 with a number greater than 25, then your supporting documentation should demonstrate how you calculated the number of full-time equivalent employees as 25 or fewer. If we cannot determine the number of full-time equivalent employees, we may reject your petition.

Details:

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3. CBP Issues 30-Day Request for Comments on Arrival/Departure Record and Electronic System for Travel Authorization

U.S. Customs and Border Protection (CBP) seeks comments on the Arrival/Departure Record (Form I-94) and the Electronic System for Travel Authorization (ESTA).

Comments are due by May 30, 2024, using the method described in the notice, which also provides contact information for those seeking additional information.

Details:

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4. DOL Amends Regulations on Certification for Temporary/Seasonal Nonimmigrant Agricultural Workers

Effective June 28, 2024, the Department of Labor (DOL) is amending its regulations governing certification of temporary employment of nonimmigrant workers in temporary or seasonal agricultural work and enforcement of contractual obligations applicable to their employers. The revisions in the final rule “focus on strengthening protections for temporary agricultural workers and enhancing [DOL’s] capabilities to monitor program compliance and take necessary enforcement actions against program violators.” DOL said it determined the need for these revisions “through program experience, recent litigation, challenges in enforcement, comments on this rulemaking as well as on prior rulemakings, and reports from various stakeholders.”

The regulatory revisions include provisions to protect workers’ voices and empowerment; clarify termination for cause; designate an immediate effective date for adverse effect wage rate updates; enhance transparency for job opportunities and foreign labor recruitment; enhance transparency and protections for agricultural workers; enhanced enforcement capabilities; and the definitions and factors used in determining terms such as what constitutes a “single employer” or a “successor in interest.”

Details:

  • DOL final rule, 89 Fed. Reg. 33898 (Apr. 29, 2024) (advance copy).

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5. USCIS Agrees to Refund Ukrainians for I-765 Fees

U.S. Citizenship and Immigration Services (USCIS) announced on April 24, 2024, that it is refunding all of the I-765 employment authorization document (EAD) fees collected from eligible Ukrainian parolees who entered as parolees after February 24, 2022. The action is a result of a class action lawsuit against USCIS.

IMMpact sued USCIS in August 2022 for failing to carry out provisions in the 2022 Ukraine supplemental bill, which mandated that Ukrainian parolees be provided automatic, free employment authorization. As a result of the litigation, IMMpact noted, USCIS changed its policy to recognize automatic work authorization in November 2022 but failed to refund unlawfully collected I-765 EAD fees for applications received before that date. IMMpact filed a second suit in 2023 to recover those funds for tens of thousands of Ukrainians.

USCIS will refund the filing fee Ukrainians paid for their initial EADs if they:

  • Were paroled under the Uniting for Ukraine process or were paroled between February 24, 2022, and September 30, 2023;
  • Filed their initial Form I-765 between May 21, 2022, and November 21, 2022, based on their parole; and
  • Paid a filing fee of $410.

IMMpact is a collaboration of the firms Bless Litigation in Boston, Massachusetts; Joseph & Hall in Denver, Colorado; Kuck Baxter in Atlanta, Georgia; and Siskind Susser in Memphis, Tennessee.

Details:

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6. DOS Issues Final Rule on Exchange Visitor Program Provisions

The Department of State (DOS) issued a final rule, effective May 23, 2024, on J-1 exchange visitor program regulations that apply to sponsors that DOS designates to conduct international educational and cultural exchange programs. The final rule includes a requirement for digital signatures when signing the Form DS-2019, Certificate of Eligibility for Exchange Visitor Status.

DOS noted that most of the 64 commenters addressed two topics: sponsor preference for electronic signatures rather than digital signatures, and the need for sponsors to electronically transmit Forms DS-2019 directly to third parties acting on their behalf. After consideration, DOS has retained the requirement for digital signatures for signing Forms DS-2019, and it makes no changes to the list of entities to which sponsors may transmit Forms DS-2019 electronically. However, the final rule will allow third parties to retrieve Forms DS-2019 directly from sponsors’ password-protected computer network systems and/or databases. “This modification allows third parties to retrieve copies of digital Forms DS-2019 directly from sponsors that wish to give them such access,” the rule notes. DOS will also continue to allow sponsors to “wet sign” and physically mail Forms DS-2019 to exchange visitors and/or third parties.

DOS explained that a digital signature, which requires digital signature software, provides a “higher level of security” over an electronic signature.

Details:

  • DOS final rule, 89 Fed. Reg. 30268 (Apr. 23, 2024).

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7. USCIS to Open International Field Offices in Qatar and Turkey

On April 23, 2024, U.S. Citizenship and Immigration Services (USCIS) announced the opening of international field offices in May in Doha, Qatar, and Ankara, Turkey, available by appointment, “to increase capacity for refugee processing, strengthen strategic partnerships, and facilitate interagency cooperation.” USCIS Director Ur M. Jaddou said that opening these field offices “establishes a USCIS presence and expertise in critical locations in the Middle East.”

USCIS noted that the Biden administration set the refugee admissions ceiling for fiscal year 2024 at 125,000 refugees. Establishing USCIS field offices in Qatar and Turkey will support the U.S. Refugee Admissions Program’s infrastructure in the region and will directly support long-established and increasing USCIS refugee processing circuit rides, USCIS said.

With the opening of the Doha field office on May 7, 2024, and the Ankara field office on May 9, 2024, USCIS will have 11 international field offices. The others include Beijing and Guangzhou, China; Guatemala City; Havana, Cuba; Mexico City; Nairobi, Kenya; New Delhi, India; San Salvador, El Salvador; and Tegucigalpa, Honduras.

Details:

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8. Cap Reached for Additional Returning Worker H-2B Visas for Early Second Half of FY 2024

U.S. Citizenship and Immigration Services (USCIS) announced on April 18, 2024, that it has received enough petitions to reach the cap for the additional 19,000 H-2B visas made available for returning workers for the early second half of fiscal year (FY) 2024 with start dates from April 1 to May 14, 2024, under the H-2B supplemental cap temporary final rule (FY 2024 TFR). USCIS said that April 17, 2024, was the final receipt date for petitions requesting supplemental H-2B visas under the FY 2024 early-second-half-returning-worker allocation.

USCIS said it is still accepting petitions for “H-2B nonimmigrant workers for the additional 20,000 visas allotted for nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica (country-specific allocation) who are exempt from the returning worker requirement, as well as those who are exempt from the congressionally mandated cap.”

Starting April 22, 2024, USCIS will begin accepting petitions for workers for the late second half of FY 2024, requesting employment start dates from May 15 to September 30, 2024. USCIS said that the 5,000 visas available under this allocation are limited to returning workers who were issued H-2B visas or held H-2B status in fiscal years 2021, 2022, or 2023, regardless of country of nationality.

Details:

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9. DOS Announces New Exchange Visitor Program for Japan

On April 19, 2024, the Department of State (DOS) announced a new international exchange visitor program for Japan. The program authorizes an exception under the Specialist category in the Exchange Visitor Program regulations to permit Japanese language and culture specialists to stay up to 36 months in the United States on J-1 visas.

The Japan Specialist Program “will expand educational and cultural exchange opportunities between the people of the United States and Japan, promote the interchange of knowledge and skills among foreign and U.S. specialists, and foster long-term mutual understanding and international cooperation with U.S. communities across the United States,” DOS said.

During their program, DOS said, exchange visitors from Japan “will share their specialized knowledge of Japanese language and education in the United States at community based, non-profit organizations, U.S. Government offices, secondary schools, or post-secondary academic institutions offering Japanese, and similar types of institutions to increase U.S. local communities’ understanding of Japan, its culture, and language. Selected experts in Japanese culture and language will gain a better understanding of U.S. culture and society and promote mutual enrichment by enhancing U.S. knowledge of Japanese culture, language, and educational systems.”

Details:

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10. USCIS Updates Fee Schedule for Petition for a Nonimmigrant Worker (I-129)

U.S. Citizenship and Immigration Services (USCIS) has updated its fee schedule for Form I-129, Petition for a Nonimmigrant Worker—H-1B and H-1B1 Petitions, to reflect the additional required fees for online filings.

According to the American Immigration Lawyers Association (AILA), USCIS made the update in response to an AILA query noting that “the information [previously] listed was unclear and could have been construed as an indication that the additional fees, such as the ACWIA fee, the Fraud Detection Fee and Asylum Program fee, were not required if a Form I-129 was filed online.”

Details:

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11. DHS Provides Work Authorization for Certain Ethiopian and Palestinian Students in F-1 Nonimmigrant Status

The Department of Homeland Security’s U.S. Immigration and Customs Enforcement agency issued notices providing work authorization for certain Ethiopian and Palestinian students in lawful F-1 nonimmigrant status. Covered students may request employment authorization, work an increased number of hours while school is in session, and reduce their course loads while continuing to maintain their F-1 nonimmigrant status.

For covered Ethiopian students, the notice is effective June 13, 2024, through December 12, 2025. For covered Palestinian students, the notice is effective February 14, 2024, through August 13, 2025. See the Federal Register notices for additional details about eligibility.

Details:

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12. DOS Suspends Visa Services in Haiti

The Department of State has suspended visa services in Haiti. The U.S. Embassy in Port-au-Prince has suspended routine immigrant and nonimmigrant visa appointments until further notice.

Immigrant visa applicants who can travel to another U.S. embassy or consulate that processes immigrant visas and remain in that country for the duration of their visa processing should consider requesting the transfer of their case from U.S. Embassy Port-au-Prince using the instructions in the DOS notice.

DOS said that the U.S. Embassy in Port au Prince can only accept expedited nonimmigrant visa appointments for life-or-death medical emergencies (with proof of travel plans) or to facilitate travel for a child with a confirmed USCIS appointment for a naturalization interview based on a Form N-600K. Applicants can submit a request for an expedited NIV appointment by following the instructions at https://www.ustraveldocs.com/ht/en/nonimmigrant-visa. Nonimmigrant visa applicants may apply at any embassy or consulate where they are physically present and where appointments are available, DOS said.

Details:

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13. DOJ Secures Agreement to Resolve Claims of Immigration-Related Discrimination at Washington University School of Medicine

The Department of Justice (DOJ) announced on April 17, 2024, that it secured a settlement agreement with Washington University, a private university headquartered in St. Louis. The agreement resolves DOJ’s determination that the university’s medical school, known as Washington University School of Medicine in St. Louis (WashU School of Medicine), violated the Immigration and Nationality Act (INA) by discriminating against a worker based on his citizenship status and then retaliating against him for complaining about the discrimination.

Specifically, DOJ said that the Civil Rights Division’s Immigrant and Employee Rights Section (IER) determined that WashU School of Medicine discriminated against the individual, who had been granted asylum, when it repeatedly confronted him about his immigration status, his documentation, and his right to work, even though he had provided sufficient proof of his authorization to work. The department also determined that WashU School of Medicine retaliated against the worker when it terminated his employment for complaining about the discrimination.

Under the terms of the settlement agreement, the school will pay civil penalties of $4,465 to the United States and pay $3,264 in back pay, plus interest, to the affected worker. The agreement also requires the school to train its personnel on the INA’s antidiscrimination requirements, revise its employment policies, and be subject to departmental monitoring and reporting requirements.

Details:

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14. Non-Minister Special Immigrant Religious Workers Category Extended

The Department of State’s Visa Bulletin for May 2024 notes that H.R. 2882, signed into law on March 23, 2024, extended the Employment Fourth Preference Certain Religious Workers (SR) category until September 30, 2024.

The bulletin states that no SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight September 29, 2024. Visas issued prior to that date will be valid only until September 29, 2024, and all individuals seeking admission in the non-minister special immigrant category must be admitted into the United States by midnight September 29, 2024.

The bulletin notes that the SR category “is subject to the same final action dates as the other Employment Fourth Preference categories per applicable foreign state of chargeability.”

Details:

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15. DOS Seeks Comments on Attestation for Employers Seeking H-2B Nonimmigrant Workers

The Department of State seeks comments on an Employment and Training Administration information collection request that supports a temporary final rule, Exercise of Time-Limited Authority to Increase the Numerical Limitation for Fiscal Year 2024 for H-2B Temporary Nonagricultural Worker Program and Portability Flexibility for H-2B Workers Seeking to Change Employers.

Details:

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16. Expansion of Schedule A, Group II Definition to Support STEM Talent

In a significant development for employers and individuals involved in the STEM fields, the U.S. Citizenship and Immigration Services (USCIS) has announced an update to the definition of “Schedule A, Group II” occupations, which is part of the agency’s efforts to align more closely with the Department of Labor (DOL) definitions and streamline the permanent residency application process for high-achieving employees. This clarification, as outlined in the latest policy guidance from USCIS, expands the “science or art” categories within Schedule A, Group II, to include any field of knowledge or skill for which colleges and universities commonly offer courses leading to a degree. This change, effective immediately, is designed to enhance the utility of the Schedule A, Group II designation for employers sponsoring employees for permanent residency, particularly in sectors experiencing a shortage of qualified U.S. workers.

The updated policy now explicitly incorporates the DOL’s definition of “sciences or arts,” covering a broader range of occupations than previously eligible. This means that occupations in any field that commonly lead to a degree from higher education institutions, and that demonstrate exceptional ability, are now encompassed under the Schedule A, Group II designation. Importantly, this designation waives the labor market test requirement for EB-2 or EB-3 permanent residency sponsorship applications, facilitating a more efficient pathway to permanent residency for eligible employees. This policy update reflects the current administration’s commitment to retaining STEM talent within the United States and underscores the agency’s ongoing efforts to make the immigration process more accommodating for individuals with exceptional abilities in the sciences and arts.

Details:

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17. New Audit Measures for EB-5 Regional Centers

The U.S. Citizenship and Immigration Services (USCIS) has announced new audit measures under the EB-5 Reform and Integrity Act of 2022, affecting all designated regional centers. Under the 2022 law, USCIS must conduct audits at least once every five years for each regional center. These audits are comprehensive, including a review of necessary documentation maintained by the regional centers and the flow of immigrant investor capital into their projects. This initiative aims to reinforce the credibility and reliability of the EB-5 program by verifying the accuracy of information provided in the regional center applications, annual certifications, and related investor petitions.

In terms of procedure, USCIS will implement audits based on the Generally Accepted Government Auditing Standard, starting April 23. This will provide a standardized approach to assess the regional centers’ compliance with laws and their eligibility for continued designation. It’s important for regional centers to understand that non-compliance during these audits, such as refusing a site visit or attempting to impede the audit process, may lead to termination of their designation. However, adverse findings from an audit do not automatically affect the status of EB-5 associated entities or petitioners unless they directly involve non-compliance or eligibility issues.

USCIS has created a website with additional resources for regional centers, including how to prepare for an audit, participating in an audit, and more.

Details:

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18. Employment Authorization Granted to Eligible Palestinians Under DED

U.S. Citizenship and Immigration Services (USCIS) has issued a significant update for Palestinians in the United States, as detailed in a recent Federal Register notice. Effective immediately, Palestinians covered by Deferred Enforced Departure (DED) are eligible to apply for Employment Authorization Documents (EADs) valid through August 13, 2025. This follows a memorandum issued by President Biden on February 14, 2024, which defers the removal of certain Palestinians present in the U.S. from the time of the announcement through August 13,2025. The memorandum directs the Department of Homeland Security to implement measures facilitating work authorization for eligible Palestinians and excludes individuals who entered the U.S. after February 14, 2024 from DED eligibility. Applicants will need to provide acceptable documentation, such as a Palestinian Authority passport or identification card, to support their applications.

Additionally, the announcement includes provisions for Special Student Relief for Palestinian F-1 nonimmigrant students, allowing them to request employment authorization, work more hours during the school session, and reduce their course load while maintaining their F-1 status. These measures aim to assist Palestinians in maintaining economic stability and educational pursuits during their stay in the U.S. under DED. USCIS has committed to adjudicating each EAD application on a case-by-case basis, ensuring a fair, humane, and efficient process.

Details:

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19. ABIL Global: Switzerland

There have been developments toward easier access to the Swiss labor market for certain professions.

Efforts to provide easier access to the Swiss labor market for certain professions include the default for non-European Union (EU)/European Free Trade Association (EFTA) nationals: a Swiss labor market test requirement.

By giving priority to the domestic labor market, the aim is to increase local workers’ chances of finding a job and to limit the entry of new foreign workers to meet the requirements of the labor market. With its two-tier structure, the system works in favor of domestic workers and workers from EU/EFTA states who can invoke the Agreement on the Free Movement of Persons between the EU/EFTA countries and Switzerland and are entitled to admission to the Swiss labor market.

In addition to Swiss nationals, domestic persons include those who are foreign nationals seeking employment who already live in Switzerland and are authorized to take up gainful employment. The admission of third-country nationals is therefore only possible if, in addition to the domestic and local labor force, there are no suitable workers from the EU/EFTA area for the Swiss labor market.

Occupations With a Pronounced Shortage of Skilled Labor

Within the last year, the following possible exemptions from the labor market test requirement have been added for consideration by labor market and migration authorities:

In occupations that are demonstrably affected by a pronounced structural shortage of skilled labor, it can be assumed that the domestic potential has been exhausted. If the demand for skilled labor in a particular occupation exceeds the supply under the given working conditions, a shortage of skilled labor can be assumed. However, skills shortages are not absolute, but they can vary in severity. The focus is on structural imbalances, which—in contrast to cyclical fluctuations between supply and demand for skilled labor—exist over a longer period of time.

These are often skilled workers who are not, or only insufficiently, available in the EU/EFTA area. For applications for residence for employment in occupations that are demonstrably affected by a pronounced shortage of skilled labor, the legally stipulated provision of proof of priority in enforcement can be facilitated.

In such cases, the authorities responsible for the preliminary labor market decision may refrain from demanding concrete search efforts. By plausibly demonstrating in an application that there is a shortage occupation in the specific case, the applicant company can fulfil the obligation to provide evidence. In this case, the competent cantonal authority can make the judgement that the domestic potential has been exhausted and that the priority principle is therefore fulfilled.

Taking into account the State Secretariat for Economic Affairs (SECO) indicators and empirical values from the State Secretariat for Migration (SEM), the following occupational fields may fall under the facilitation of enforcement with regard to the obligation to provide evidence:

  • Executives (management positions) in research and development; health care; education; information and communication technology; management consultancy; finance and insurance; the mechanical, electrical, and metal industry; and the production of chemical and pharmaceutical products and food products;
  • Business administration specialists in management and organizational analysis;
  • Engineering professionals (process and production engineers; civil engineers; engineers in electrical engineering, electronics, and telecommunications), natural scientists, mathematicians and engineers and specialists in information and communication technology (IT engineers, system analysts, software developers, application programmers, database and network specialists);
  • Certain healthcare professionals: Medical specialists, medical assistants, physiotherapists, qualified nurses (with specialization), other medical specialization, other medical-technical specialists (e.g., medical-technical radiology assistants); and
  • University and college teachers.

If the facts of the case are critical, or if the competent cantonal authority sees a reason to do so, it can request suitable special evidence (e.g., advertisement of the vacant position on the public unemployment system site or in the EU/EFTA area or reference to the skilled labor situation in the EU/EFTA area). The reasons for this could include the cantonal labor market situation, regional economic priorities, or macroeconomic interests.

The above is not a blanket exemption from the labor market test requirement but gives authorities discretion to grant work permit approvals without labor market testing for these types of employment. Individual case evaluation thus remains as vital as ever.

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New Publications and Items of Interest

The May webinar schedule for the Systematic Alien Verification for Entitlements (SAVE) program includes:

Current Users and Best Practices. This 60-minute webinar is for registered SAVE users. The presentation includes:

  • An in-depth look at the verification process
  • Highlights of SAVE’s Case Management, Agency Management, and User Management features
  • An overview of SAVE resources and customer support features
  • An interactive Q&A session

SAVE Program Overview. This 30-minute webinar provides users with an overview of:

  • How SAVE works
  • SAVE registration
  • SAVE Resources and support

New court requirements and legal guidance on AI use: The American Immigration Lawyers Association’s Practice and Professionalism Center has released Tracking New Court Reporting Requirements on Lawyer AI Use. The article provides links to resources to help practitioners keep up with the changing landscape of artificial intelligence (AI), including:

  • SAVE webinars: Systematic Alien Verification for Entitlements (SAVE) offers a series of webinars and customized tutorials for prospective, new, or current user agencies. Pre-registration is not required.
  • OFLC CW-1 webinar materials: On March 26, 2024, the Office of Foreign Labor Certification (OFLC) conducted a webinar to provide an overview on common issues the National Processing Center has identified with CW-1 Applications for Temporary Employment Certification and offered filing tips that can minimize common application errors. The presentation materials are now located under the “Webinars” tab at the bottom of the CW-1 Program page at https://www.dol.gov/agencies/eta/foreign-labor/programs/cw-1.

Immigration agency X (formerly Twitter) accounts:

  • EOIR: @DOJ_EOIR
  • ICE: @ICEgov
  • Study in the States: @StudyinStates
  • USCIS: @USCIS

Alliance of Business Immigration Lawyers: ABIL is available on X (formerly Twitter): @ABILImmigration

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ABIL Member / Firm News

Several ABIL member firms were named in Canadian Lawyer‘s top 10 immigration boutiques for 2024-25, including Gomberg Dalfen S.E.N.C. and Corporate Immigration Law Firm (CILA). Canada’s best immigration law firms were selected from a pool of 47 nominees, include boutiques of varying sizes. Barbara Jo Caruso, CILA co-president and founding partner, said, “In Canadian Lawyer‘s announcement of who’s who and who is succeeding, there’ll be a common thread that these people haven’t gotten there on their own. Regardless of where you’re practicing immigration law, to succeed, immigration lawyers need a community to bounce ideas off of to keep abreast of all the changes.”

The IMMpact Litigation team (Kuck Baxter, Joseph & Hall, Bless Litigation, and Siskind Susser), along with Motley Rice, reported a major victory. On the eve of class certification, U.S. Citizenship and Immigration Services agreed to refund 100 percent of the I-765 filing fees for 100,000+ Ukrainian parolees covered by IMMpact’s Volkova lawsuit. See the press release and web link for Ukrainian clients to request a refund check. For further information or updates on the lawsuit, email Greg Siskind at [email protected].

Klasko Immigration Law Partners welcomes Jessica DeNisi as its newest partner. Effective May 6, 2024, Jessica will rejoin Klasko Immigration to co-lead the EB-5 Regional Center and Developer Practice from the firm’s Washington, DC, office, contributing significantly to the firm’s continued growth in this area.

Klasko Immigration Law Partners welcomes Brian Green to its esteemed Immigration Litigation Practice Team. Brian joins the firm as Of Counsel and will play a key role in supporting clients through strategic litigation who are facing delays and improper denials. Brian brings over a decade of experience in successfully litigating more than 1,000 immigration cases. His extensive expertise includes navigating complex legal challenges and advocating for clients’ rights in diverse immigration matters. He is admitted to practice before 30 district courts, all circuit courts of appeal, and the Supreme Court. He is currently Vice Chair of the American Immigration Lawyers Association’s National Benefits Litigation Committee and regularly presents on addressing immigration problems through litigation at CLE conferences across the country.

Cyrus Mehta and Kaitlyn Box have authored a new blog post: The Much Neglected Schedule A, Group II Green Card Option Gets a Boost After USCIS Broadens the Sciences and Arts Definition

Greg Siskind of Siskind Susser PC was quoted by Forbes in Attorney: Biden Officials Should Protect Russian Fulbright Scholars. The article discusses the potential impact on approximately 150 Russian Fulbright scholars and recent alumni in the United States of the Russian government’s declaration that the Institute of International Education, an implementing partner for the Fulbright Program, is an “undesirable organization.” Mr. Siskind explained that if they return to Russia, “Fulbright participants are now subject to suspicion in a country that has a sorry track record for jailing people who disagree with the government.” He discussed various options for Fulbright scholars in the United States.

WR Immigration has published a new blog posting: My I-526E for an Investment in a Rural Project Has Been Approved in 3-4 Months – Now What?

Stephen Yale-Loehr was quoted by the San Francisco Chronicle in Trump Wants Local Police to Enforce Immigration Law. California Forbids It (available by subscription). The article discusses California law SB54, which restricts police officers’ ability to enforce immigration laws. During his presidency, the article explains, Mr. Trump “sought to withhold federal law enforcement grants from cities including San Francisco that had passed so-called sanctuary laws prohibiting police from aiding immigration enforcement.” San Francisco sued and won at the federal district and appellate court levels. The Biden administration ended the Trump administration’s efforts to take the case to the Supreme Court. Mr. Yale-Loehr said that if Mr. Trump were to try the same thing during a second administration, it would likely end up in litigation again. “Courts would have to make a final decision as to whether he could deny funding to those jurisdictions,” he said, noting that in general, it would be harder for Trump to deputize local police for immigration enforcement in places like California that have passed sanctuary laws.

Mr. Yale-Loehr and others have started a new Deferred Action for Childhood Arrivals (DACA) project at Cornell Law School. The nonprofit Path2Papers project, supported by a $1.5 million grant, helps DACA recipients in the San Francisco Bay area pursue work visas and other pathways to legal permanent residence. According to a press release, Path2Papers is one of the only programs in the United States “that combines experience in employer representation with expertise in evaluating employment-based immigration options for DACA recipients.”

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Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

USCIS case processing times online: https://egov.uscis.gov/processing-times/

Department of State Visa Bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

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