In this issue:

1. FY 2026 Diversity Visa Program Application Period Is Underway – The online registration period for the Diversity Visa (DV)-2026 program began on October 2, 2024, and concludes on November 5, 2024.

2. USCIS Issues New Guidance on EB-1 ‘Extraordinary Ability’ Eligibility Criteria – U.S. Citizenship and Immigration Services issued policy guidance, effective immediately, to further clarify the types of evidence that the agency may evaluate to determine eligibility for extraordinary ability (E11) EB-1 immigrant visa classifications.

3. Exchange Program Connects African Universities With HBCUs – The Department of State is strengthening educational partnerships between African universities and Historically Black Colleges and Universities in the United States through an International Visitor Leadership Program exchange.

4. DOS Announces Reduced Passport Processing Times – The Department of State’s Bureau of Consular Affairs said it is reducing processing times for passports to 4 to 6 weeks, down from 6 to 8 weeks.

5. Special Immigrant Religious Worker Program Extended – President Biden signed a law extending the EB-4 non-minister special immigrant religious worker program through December 20, 2024.

6. USCIS Seeks Comments on H-2 Petitioners’ Employment- and Fee-Related Notifications – U.S. Citizenship and Immigration Services seeks comments by December 2, 2024, on H-2 petitioners’ employment- and fee-related notifications (Form I-129N).

7. USCIS Rejects ‘Unusually High Number’ of Alien Worker Petitions, Releases Tips – U.S. Citizenship and Immigration Services has had to “reject an unusually high number of Forms I-140 (Immigrant Petition for Alien Worker) at intake because of incorrect fees and missing information.” The agency released tips for petitioners.

8. Work Authorization Procedures Announced for Liberians Covered by DED – U.S. Citizenship and Immigration Services announced procedures for Liberians covered by Deferred Enforced Departure to apply for work permits that will be valid through June 30, 2026.

9. Fee Exemptions and Expedited Processing Extended for Afghans – U.S. Citizenship and Immigration Services is extending and expanding some previously announced filing fee exemptions and expedited application processing for certain Afghan nationals.

10. DHS Designates Qatar for Visa Waiver Program – The Department of Homeland Security has designated Qatar for the Visa Waiver Program, to be implemented December 1, 2024.

11. SAVE Transaction Charges Increased October 1 – U.S. Citizenship and Immigration Services reminded Systematic Alien Verification for Entitlements users that transaction charges increased on October 1.

12. USCIS Reaches H-2B Cap for First Half of FY 2025 – U.S. Citizenship and Immigration Services has received enough petitions to reach the congressionally mandated cap on H-2B visas for temporary nonagricultural workers for the first half of fiscal year 2025.

13. USCIS Extends Green Card Validity to 36 Months for Renewals – U.S. Citizenship and Immigration Services is automatically extending the validity of permanent resident cards (green cards) to 36 months for lawful permanent residents who file Form I-90, Application to Replace Permanent Resident Card.

14. EB-5 Integrity Fund Fee Was Due October 1 – The annual fee is $20,000 for each designated regional center, except for those with 20 or fewer total investors in the preceding fiscal year in their new commercial enterprises, in which case the annual fee is $10,000.

15. OMB Grants DOL’s Emergency Request to Reinstate H-2A Forms – The Office of Management and Budget approved through February 2025 the Department of Labor’s emergency request to reinstate prior approved Forms ETA 790, 790A, 790B, and 9142A.

16. Annual Limit Reached in EB-2 Visa Category – The annual limit reset with the start of FY 2025 on October 1, 2024.

17. OFLC Announces Revised Transition Schedule for H-2A Job Orders and Technical Guidance Under Farmworker Protection Rule – The Department of Labor’s Office of Foreign Labor Certification announced a revised transition schedule for receiving and processing H-2A job orders and Applications for Temporary Employment Certification under the Farmworker Protection Rule, along with other technical guidance.

18. DOJ Secures Antidiscrimination Settlement Agreement With Parking Management Company – The agreement resolves the Department of Justice’s determination that SP Plus discriminated against a worker based on her national origin by rejecting a valid document that showed her permission to work and requesting that she provide unnecessary documentation.

19. California Service Center Relocates; Filing Addresses Updated – The California Service Center has moved to a new facility.

20. District Court Extends Stay on Keeping Families Together PIP Applications – Parole grants are paused, but U.S. Citizenship and Immigration Services will continue to collect applications.

21. DOS Announces Creation of a Lightering Visa Classification – The U.S. Department of State announces two new visa classifications for noncitizens seeking to transit the United States to join a vessel engaged in foreign trade or lightering activities.

22. CBP Issues Directive on the Handling, Storage, Transference and/or Return of Detainee Personal Property – Customs and Border Protection (CBP) provides a directive with additional guidance on its policies regarding the handling, processing, and return of detained individuals’ personal property at CBP facilities.

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 – October 2024

1. FY 2026 Diversity Visa Program Application Period Is Underway

The Department of State (DOS) announced that the online registration period for the Diversity Visa (DV)-2026 program began on October 2, 2024, at noon ET and will conclude on November 5, 2024, at noon ET.

Submission of more than one entry for a person during the registration period will disqualify all entries for that person, DOS said. The English version of the DV-2026 Program Instructions in PDF format is the only current official version available. Unofficial translations in additional languages will be added to the DOS DV webpage as they become available, DOS said.

DOS noted that, for the purposes of eligibility, some countries include components and dependent areas overseas.  “If you are a native of a dependency or overseas territory, please select the appropriate country of eligibility.  For example, natives of Macau S.A.R should select Portugal, and natives of Martinique should select France,” DOS said.

For more information, see 89 Fed. Reg. 79997 (Oct. 1, 2024).

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2. USCIS Issues New Guidance on EB-1 ‘Extraordinary Ability’ Eligibility Criteria

On October 2, 2024, U.S. Citizenship and Immigration Services (USCIS) issued policy guidance, effective immediately, to further clarify the types of evidence that the agency may evaluate to determine eligibility for extraordinary ability (E11) EB-1 immigrant visa classifications. The policy guidance:

• Confirms that USCIS considers a person’s receipt of team awards under the criterion for lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
• Clarifies that USCIS considers past memberships under the membership criterion;
• Removes language suggesting published material must demonstrate the value of the person’s work and contributions to satisfy the published material criterion; and
• Explains that while the dictionary defines an “exhibition” as a public showing not limited to art, the relevant regulation expressly modifies that term with “artistic,” such that USCIS will only consider non-artistic exhibitions as part of a properly supported claim of comparable evidence.

USCIS said the new guidance builds on a previous EB-1 policy update that provides “more clarity and transparency to assist petitioners in submitting appropriate evidence that may establish the beneficiary’s eligibility.”

The policy update, which is included in the USCIS Policy Manual, “is controlling and supersedes any related prior guidance on the topic,” USCIS said.

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3. Exchange Program Connects African Universities With HBCUs

On October 4, 2024, the Department of State (DOS) announced that it is strengthening educational partnerships between African universities and Historically Black Colleges and Universities (HBCUs) in the United States through an International Visitor Leadership Program (IVLP) exchange.

Participants in this professional exchange program “include African higher education faculty, administrators, and government officials from 11 countries who are interested in internationalizing university campuses and strengthening and expanding higher education linkages with U.S. higher education institutions,” DOS said.

The implementing partner for the IVLP is the Mississippi Consortium for International Development (MCID), a nonprofit organization that originated from a collaborative endeavor of four HBCUs in Mississippi.

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4. DOS Announces Reduced Passport Processing Times

The Department of State’s (DOS) Bureau of Consular Affairs announced on October 3, 2024, that it is reducing processing times for passports to 4 to 6 weeks, down from 6 to 8 weeks. “This announcement comes after months of issuing passports well under the 6-8 week commitment and showcases our progress to continuously improve the efficiency, equity, and accessibility of the U.S. passport application process,” DOS said. The updated processing time applies to applications submitted on paper or online.

For those in need of expedited service for U.S. passports, DOS said its processing remains 2 to 3 weeks. These processing times “begin when an application is received by the State Department and do not include mailing times,” DOS noted.

Those who wish to renew their passports can use the Online Passport Renewal system. DOS launched the full online renewal system on September 18, 2024.

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5. Special Immigrant Religious Worker Program Extended

On September 26, 2024, President Biden signed a law extending the EB-4 non-minister special immigrant religious worker program through December 20, 2024. It was previously set to expire on September 30, 2024. U.S. Citizenship and Immigration Services (USCIS) explained that the law allows such workers to immigrate or adjust to permanent resident status by that “sunset date.” Included are those in a religious vocation or occupation engaged in either a professional or non-professional capacity. The sunset date also applies to accompanying spouses and children.

Special immigrants entering the U.S. solely to carry on the vocation of a minister, and their accompanying spouses and children, are not affected by the sunset date, USCIS said. Nonprofit organizations whose use of special immigrant religious workers furthers the cultural or social interests of the United States may request expedited processing.

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6. USCIS Seeks Comments on H-2 Petitioners’ Employment- and Fee-Related Notifications

U.S. Citizenship and Immigration Services seeks comments on H-2 petitioners’ employment- and fee-related notifications (Form I-129N). The notice was published in 89 Fed. Reg. 80589 (Oct. 3, 2024). Comments are due by December 2, 2024.

USCIS is inviting comments on the nature of the information collection, the categories of respondents, the estimated burden (time, effort, and resources used by the respondents), the estimated cost to the respondent, and the information collection instruments. USCIS said the changes to this information collection are related to the Modernizing H-2 Program Requirements, Oversight, and Worker Protections proposed rule, and are contingent on its successful conclusion.

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7. USCIS Rejects ‘Unusually High Number’ of Alien Worker Petitions, Releases Tips

U.S. Citizenship and Immigration Services (USCIS) said it has had to “reject an unusually high number of Forms I-140 (Immigrant Petition for Alien Worker) at intake because of incorrect fees and missing information” since it published a new form edition and new fees. The agency released tips for petitioners:

• When you file Form I-140, provide a payment with your petition for the full $600 Asylum Program Fee, unless you qualify for a reduced Asylum Program Fee of either $300 or $0. If you do not provide the correct Asylum Program Fee, in addition to the $715 filing fee, USCIS may reject your filing.
• Also, because your answers in Part 1 of the form to questions 5 and 6 tell USCIS whether you qualify for a reduced fee, they cannot be left blank.
• Provide separate payments for the $715 filing fee and the Asylum Program Fee, using the same type of payment, either check/money order or Form G-1450 to pay with a credit card. Packages filed with more than one type of payment may be rejected.

USCIS provided a chart with guidance on how to complete questions 5 and 6 in Part 1 and determine the correct payment. USCIS also issued a reminder to check form editions before filing any forms.

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8. Work Authorization Procedures Announced for Liberians Covered by DED

On September 23, 2024, U.S. Citizenship and Immigration Services (USCIS) announced procedures for Liberians covered by Deferred Enforced Departure (DED) to apply for employment authorization documents (EADs) that will be valid through June 30, 2026.

USCIS is automatically extending through that date the validity of DED-related EADs bearing a Category Code of A11 and a Card Expires date of March 30, 2020; January 10, 2021; June 30, 2022; or June 30, 2024. The agency noted that nationals of Liberia, and individuals having no nationality who last habitually resided in Liberia, do not need to apply for DED and are covered based on the terms described in President Biden’s directive.

USCIS noted that the Department of Homeland Security may provide travel authorization at its discretion to those covered under DED for Liberians. Individuals who wish to travel outside of the United States may file Form I-131, Application for Travel Document. Individuals can also apply for an EAD by filing Form I-765, Application for Employment Authorization.

A Federal Register notice at 89 Fed. Reg. 77885 (Sept. 24, 2024) provides additional information about DED for Liberia and how eligible individuals may apply for a DED-based EAD or travel authorization.

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9. Fee Exemptions and Expedited Processing Extended for Afghans

On September 27, 2024, U.S. Citizenship and Immigration Services (USCIS) announced that it is extending and expanding some previously announced filing fee exemptions and expedited application processing for certain Afghan nationals. “This will help Afghan nationals continue to resettle and, in many cases, reunite with family in the United States. It will enable USCIS to more quickly process requests for long-term status, status for immediate relatives, and associated services,” the agency said.

Afghan nationals paroled into the United States on or after July 30, 2021, are eligible for the fee exemptions and streamlined processing through the dates listed in the stakeholder message.

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10. DHS Designates Qatar for Visa Waiver Program

The Department of Homeland Security (DHS) has designated Qatar for the Visa Waiver Program (VWP), to be implemented December 1, 2024. DHS announced the designation via a final rule published at 89 Fed. Reg. 78783 (Sept. 26, 2024).

Eligible citizens, nationals, and passport holders from designated VWP countries may apply for admission to the United States at U.S. ports of entry as nonimmigrant noncitizens for a period of 90 days or fewer for business or pleasure without first obtaining a nonimmigrant visa.

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11. SAVE Transaction Charges Increased October 1

U.S. Citizenship and Immigration Services (USCIS) reminded Systematic Alien Verification for Entitlements (SAVE) users that transaction charges increased on October 1, 2024.

The federal agency charge is $2.25 per case in fiscal year (FY) 2025 (Oct. 1, 2024-Sept. 30, 2025). The non-federal agency charge is $1.50 per case in FY 2025.

Information regarding the transaction charge increase as well as the phase-in timeline is available at SAVE Transaction Charges.

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12. USCIS Reaches H-2B Cap for First Half of FY 2025

U.S. Citizenship and Immigration Services (USCIS) announced on September 19, 2024, that it has received enough petitions to reach the congressionally mandated cap on H-2B visas for temporary nonagricultural workers for the first half of fiscal year 2025. USCIS said that September 18 was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before April 1, 2025. “We will reject new cap-subject H-2B petitions we receive after Sept. 18 that request an employment start date before April 1, 2025,” the agency said.

USCIS said it is still accepting H-2B petitions that are exempt from the congressionally mandated cap, including:

• Current H-2B workers in the United States who extend their stay, change employers, or change the terms and conditions of their employment;
• Fish roe processors, fish roe technicians, and/or supervisors of fish roe processing; and
• Workers performing labor or services in the Commonwealth of the Northern Mariana Islands and/or Guam from November 28, 2009, until December 31, 2029.

USCIS noted that Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the fiscal year (October 1-March 31) and 33,000 (plus any unused numbers from the first half of the fiscal year) for workers who begin employment in the second half of the fiscal year (April 1-September 30).

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13. USCIS Extends Green Card Validity to 36 Months for Renewals

As of September 10, 2024, U.S. Citizenship and Immigration Services (USCIS) is automatically extending the validity of permanent resident cards (green cards) to 36 months for lawful permanent residents (LPRs) who file Form I-90, Application to Replace Permanent Resident Card. Form I-90 receipt notices had previously provided a 24-month extension.

USCIS has updated the language on Form I-90 receipt notices to extend the validity. The agency said that these receipt notices can be presented with an expired green card “as evidence of continued status and employment authorization.”

Those who no longer have their green cards and need evidence of their LPR status while waiting to receive their replacement green card may request an appointment at a USCIS Field Office via the USCIS Contact Center. In such cases, USCIS may issue an Alien Documentation, Identification, and Telecommunications (ADIT) stamp after the applicant files the Form I-90.

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14. EB-5 Integrity Fund Fee Was Due October 1

The EB-5 Integrity Fund fee for fiscal year 2025 was due October 1, 2024. The annual fee is $20,000 for each designated regional center, except for those with 20 or fewer total investors in the preceding fiscal year in their new commercial enterprises, in which case the annual fee is $10,000.

The fees are used primarily to administer the EB-5 Regional Center Program as required by the EB-5 Reform and Integrity Act of 2022.

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15. OMB Grants DOL’s Emergency Request to Reinstate H-2A Forms

The Office of Management and Budget (OMB) approved through February 2025 the Department of Labor’s (DOL) emergency request, through a general notice, to reinstate prior approved Forms ETA 790, 790A, 790B, and 9142A, which the notice said was necessary to ensure continuity in administering the H-2A program and the Agricultural Recruitment System nationwide.

OMB said, “Within 60 days of this approval, the agency shall initiate revisions.”

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16. Annual Limit Reached in EB-2 Visa Category

On September 9, 2024, the Department of State (DOS) announced the issuance of all available visas in the employment-based second preference (EB-2) visa category for fiscal year (FY) 2024. The annual limit for EB-2 visas was 28.6 percent of the worldwide employment limit. The annual limit reset with the start of FY 2025 on October 1, 2024.

“Maximizing these visas facilitates legitimate travel for individuals with exceptional ability and professionals holding advanced degrees. These individuals bring contributions across many industries that greatly benefit the U.S. economy,” DOS said.

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17. OFLC Announces Revised Transition Schedule for H-2A Job Orders and Technical Guidance Under Farmworker Protection Rule

The Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) announced a revised transition schedule (scroll to September 10, 2024) for receiving and processing H-2A job orders and Applications for Temporary Employment Certification under the Farmworker Protection Rule, along with other technical guidance.

The updates follow a preliminary injunction in Kansas v. DOL that prohibits DOL from enforcing the Farmworker Protection Rule in the states of Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, Tennessee, Texas, and Virginia, and against Miles Berry Farm and members of the Georgia Fruit and Vegetable Growers Association as of August 26, 2024.

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18. DOJ Secures Antidiscrimination Settlement Agreement With Parking Management Company

The Department of Justice (DOJ) announced on September 12, 2024, that it secured a settlement agreement with SP Plus Corporation (SP Plus), a transportation and parking management company based in Chicago. The agreement resolves the DOJ’s determination that SP Plus discriminated against a worker based on her national origin by rejecting a valid document that showed her permission to work and requesting that she provide unnecessary documentation.

The DOJ Civil Rights Division’s Immigrant and Employee Rights Section (IER) concluded that SP Plus discriminated against a Temporary Protected Status (TPS) beneficiary based on her national origin. DOJ noted:

TPS beneficiaries have permission to work in the United States. They can get Employment Authorization Documents [EADs] that show employers their permission to work. Sometimes, the federal government extends these Employment Authorization Documents past the expiration date on the card. Instructions on how an employer can determine if an [EAD] has been extended by the federal government direct employers to look at the document’s category code and date of expiration.

In this case, the IER found that SP Plus unlawfully rejected the worker’s valid, extended EAD because she was born in the Bahamas rather than Haiti, the country through which she has TPS. Under the terms of the settlement, SP Plus will pay a civil penalty and offer reinstatement and back pay to the affected worker, DOJ said. The agreement also requires the company to train its personnel on the antidiscrimination requirements, revise its employment policies, and be subject to departmental monitoring.

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19. California Service Center Relocates; Filing Addresses Updated

The California Service Center (CSC) has moved to a new facility:

USCIS California Service Center
2642 Michelle Drive
Tustin, CA 92780

U.S. Citizenship and Immigration Services (USCIS) said that the CSC has three new post office boxes to intake U.S. Postal Service mail, while UPS, FedEx, DHL, and all other commercial carrier mail will go to CSC’s new facility address. Additional information and links are available via the USCIS alert.

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20. District Court Extends Stay on Keeping Families Together PIP Applications

On September 4, 2024, a Texas District Court issued an order extending the administrative stay preventing U.S. Citizenship and Immigration Services (USCIS) from approving any Keeping Families Together parole-in-place (PIP) applications for an additional 14 days, through September 23. In the meantime, USCIS can continue to accept and review PIP applications but cannot grant parole.

USCIS has said it would continue to accept applications but not grant parole under the program while the stay is in place. USCIS also noted that the district court’s stay “does not affect any applications that were approved before the administrative stay order was issued at 6:46 p.m. Eastern Time on Aug. 26, 2024.” The court set forth a detailed expedited schedule for further court filings up to October 10, 2024, with extensions possible through mid-October, followed by “an expedited hearing on preliminary relief and summary judgment, and if necessary a consolidated bench trial.”

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21. DOS Announces Creation of a Lightering Visa Classification

The U.S. Department of State (DOS) has announced that starting September 5, 2024, the Department will begin implementing two new visa classifications for noncitizens seeking to transit the United States to join a vessel engaged in foreign trade and undertaking lightering activities for a period not to exceed 180 days. Lightering is the ship-to-ship transfer of liquid cargo. The new visa classification permitting transit to join a lightering vessel is the C-4 visa. The new visa classification permitting crewmembers to perform lightering activities is the D-3 visa. Additionally, applicants may be eligible for a combination C-4/D-3 visa. Unlike C-1 and C-1/D visa holders whose stay in the United States cannot exceed 29 days, C-4, D-3, and C-4/D-3 visa holders are allowed to stay in the United States for a period not to exceed 180 days.

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22. CBP Issues Directive on the Handling, Storage, Transference and/or Return of Detainee Personal Property

Customs and Border Protection (CBP) provides a directive, effective August 2024, with additional guidance on its policies regarding the handling, processing, and return of detained individuals’ personal property at CBP short-term holding facilities.

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New Publications and Items of Interest

Sign-on letter to address work permit backlogs: The American Immigration Lawyers Association invites state and local chambers of commerce, individual businesses and corporations, trade associations, and law firms to sign a letter urging the Biden administration to eliminate work permit backlogs and improve processing times.

EOIR position openings: The Executive Office for Immigration Review is actively recruiting for a variety of positions, including judges, attorneys, court management, interpreters, and others. Deadlines for applications for some positions are fast approaching. For example, the application period for an attorney advisor (ELR) position closes on October 2, 2024, and the application period for an attorney advisor (General) (ILU) closes on October 9, 2024.

Fact Sheets on Eligibility to Naturalize: On September 27, 2024, U.S. Citizenship and Immigration Services (USCIS) released additional fact sheets on select characteristics of people with lawful permanent residence in Columbus, Ohio. USCIS previously released sheets for Tennessee, Miami-Fort Lauderdale-Pompano Beach, San Diego-Chula Vista-Carlsbad, Denver-Aurora-Lakewood, New York-Newark-Jersey City, Buffalo-Cheektowaga, Philadelphia-Camden-Wilmington, Los Angeles-Long Beach-Anaheim, New Orleans-Metairie, Durham-Chapel Hill, San Antonio-New Braunfels, and Brownsville-Harlingen.

Info on Working Legally in the United States: U.S. Citizenship and Immigration Services has released “Important Information About Working Legally in the United States” for those paroled into the United States through the parole processes for nationals of Cuba, Haiti, Nicaragua, and Venezuela (CHNV); for those who have received a CBP One App appointment and presented at a Port of Entry; or for those who have applied for asylum and have an application pending for at least 150 days. The information is available in English and translated into French, Wolof, Ukrainian, Russian, Spanish, and Haitian Creole.

Case Management Pilot Program: The Department of Homeland Security (DHS) Case Management Pilot Program (CMPP) provides voluntary case management and other services to eligible noncitizens. The program is managed by a National Board chaired by the DHS Officer for Civil Rights and Civil Liberties and comprises nonprofits with experience in providing and evaluating case management programs for immigrants and asylees. The American Immigration Lawyers Association, Women’s Refugee Commission, Global Refuge, Lutheran Social Services of the National Capital Area, and International Rescue Committee have published a joint backgrounder on the CMPP.

USCIS Tech Talks: U.S. Citizenship and Immigration Services announced Tech Talk sessions to answer questions about USCIS online accounts:

• Tuesday, Oct. 8, 2-2:45 p.m. ET. USCIS subject-matter experts will address common issues and questions related to online filing and will respond to questions.
• Tuesday, Nov. 5, 2-2:45 p.m. ET. Topic to be announced.

E-Verify webinars: E-Verify has updated its calendar of webinars.

SAVE webinars: Systematic Alien Verification for Entitlements (SAVE) has updated its calendar of webinars and added a webinar with a focus on commonly used immigration documents for SAVE.

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

Loan Huynh was quoted by Bloomberg Law in Foreign Farmworker Safeguards in Doubt as DOL Tests Its Power. Parts of the regulations will offer clarity to employers navigating the H-2A program, such as provisions addressing withholding of worker documents, but the limited geographic scope of the injunction in Kansas v. DOL will likely lead to more confusion among agricultural employers, she said: “I would advise my employers that they need to follow the rule until we get guidance from the Department of Labor otherwise.”

Charles Kuck was quoted by CNN in Elon Musk is One of Immigration’s Harshest Critics. He Once Described His Past Immigration Status as a “Gray Area.” Commenting on Elon Musk’s remark that his early immigration status in the United States was a “gray are,” Mr. Kuck said, “Actually, there are no gray areas in immigration.” Instead, he said, there are people who get caught for violations and people who don’t. “I will tell you, as somebody who’s done immigration law for 35 years, that a lot of immigrants leave their immigration history behind, right? They want to move on to their new life. But when you speak out against other people’s immigration journey, then yours becomes subject to scrutiny. … If you live in a glass house, you shouldn’t throw stones.”

Mr. Kuck was quoted by the Times of India in USCIS’ New Insignia Features the Statue of Liberty With the Tagline: Upholding America’s Promise. Mr. Kuck said, “You spent money and time on this? Why? It’s a LOGO! Just do your job and adjudicate the applications.”

Mr. Kuck authored a new blog post: How Will Trump Destroy the U.S. Legal Immigration System.

Mr. Kuck was a guest on Episode 7 of the Immigration Ain’t Easy podcast.

Cyrus Mehta was quoted by Bloomberg Law in Judge’s Past Red-State Advocacy Shadows Big Immigration Case. Mr. Mehta noted that U.S. District Judge Campbell Barker’s order raised questions about whether someone could be paroled “into” the United States if they were already present in the country and whether the Department of Homeland Security incorrectly focused on public benefits stemming from the larger parole program, rather than individual grants. That logic would undermine the legal basis of a separate program granting parole for military spouses, which has been used since 2013, Mr. Mehta said. “I don’t think it’s a foregone conclusion that this judge will rule in Texas’ favor, but it’s foreboding at this point in time,” he said.

Cyrus D. Mehta & Partners PLLC announced its acquisition of Claudia Slovinsky and Associates, PLLC, significantly expanding and deepening its immigration law practice. Both law firms are renowned for providing exceptional legal representation in a wide range of immigration matters. They have developed mutual expertise in addressing the needs of both corporations and individuals. Both firms are deeply committed to delivering the highest quality legal services to immigrants, their families, and employers. As part of this transition, Cyrus D. Mehta & Partners is pleased to welcome Dominic Kong, a highly skilled and experienced immigration attorney with deep expertise in employment-based immigrant and nonimmigrant visa petitions. The firm also welcomes Reynaldo Pabon, who comes with law firm management experience and is joining as a management analyst to enhance workflow and technology. An article in Law360, NY Immigration Boutique Buys Retiring Pro’s Firm, available by registering, reported on the acquisition and quoted Ms. Slovinsky, the retiring lawyer who sold the practice to Cyrus D. Mehta & Partners PLLC.

Mr. Mehta authored a new blog post: Making the Case of the Manager under the L-1A Visa Whose Subordinates Are AI Bots.

Mr. Mehta and Kaitlyn Box co-authored several new blog posts: While the Dogs and Cats of Springfield, OH are Safe, the Haitian Immigrants Are Not and Parole in Place – A Means to an End or An End in Itself?

Mr. Mehta and Ms. Box were invited speakers at a Strafford Webinar, “Immigration Law After Loper Bright Decision: Anticipated Agency Impact, Ramification for Attorneys and Clients,” on September 26, 2024. The speakers discussed the ramifications of the Loper Bright decision on immigration law. Specifically, the speakers explored Loper Bright‘s impact on the interpretation of immigration statutes and policies and its impact on clients. A recording of the event is available.

Stephen Yale-Loehr co-authored a blog, Think Immigration: How the New D3 Waiver Guidance Is Unlocking Opportunities for Dreamers in the Workforce.

Mr. Yale-Loehr was quoted by PolitiFact in Immigration Experts Say JD Vance is Wrong. Haitians Under Temporary Programs Are in the U.S. Legally. Mr. Yale-Loehr noted that if temporary protected status were revoked, deportation would not be immediate. “They would all have a right to a removal hearing before an immigration judge to determine whether they have some right to remain here, such as asylum,” he said.

Mr. Yale-Loehr spoke at a webinar, Preparing for Change: How a New Administration Could Impact DACA Recipients, held September 25, 2024. The webinar was sponsored by Immigrants Rising, Cornell Law School’s Path2Papers, and the Immigration Institute of the Bay Area. It was geared toward Deferred Action for Childhood Arrivals (DACA) recipients in the San Francisco Bay Area, but all were welcome to learn how a Harris or Trump administration could impact immigration status and legal options for DACA recipients. The webinar explored a range of topics including family, humanitarian, and employment-based options, as well as mental health resources offered through Immigrants Rising.

Mr. Yale-Loehr coauthored an op-ed entitled “Building Startups, Not Walls: High-Skilled Immigration Policy Changes in the US”, in The Well News, highlighting the International Entrepreneur Parole program.

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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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In this issue:

1. USCIS Will Conduct Second Random Selection for Regular Cap From Previously Submitted FY 2025 H-1B Cap Registrations – U.S. Citizenship and Immigration Services will select additional registrations for unique beneficiaries to reach the FY 2025 regular cap numerical allocation. USCIS will make the selections from previously submitted electronic registrations using a random selection process.

2. I-9 Expiration Date Extended – U.S. Citizenship and Immigration Services has extended the expiration date of Form I-9, Employment Eligibility Verification, to 05/31/2027.

3. USCIS Releases Stats on O-1A Visas, National Interest Waivers, and EB-2 Receipts Since 2022 Guidance – U.S. Citizenship and Immigration Services has reported movement in the numbers of O-1A and EB-2 visa applications and approvals since Biden administration guidance was released in early 2022, along with an overall increase in applications for national interest waivers, although the approval rate for the latter declined. The approval rate for both O-1A and EB-2 applications remained at 90 percent or above in fiscal years 2018 through 2023.

4. DOS Issues Notice of Class-Wide Relief in Emami Litigation – The Department of State announced class-wide relief to begin August 12, 2024, following litigation, “to allow certain visa applicants who were refused visas under Presidential Proclamation 9645…to receive a one-time, non-transferable fee credit to submit a new visa application and (for eligible class members) to have the option to get a prioritized visa appointment.”

5. CIS Ombudsman Expands Nationwide Reach With Regional Representatives – The Citizenship and Immigration Services Ombudsman has expanded its reach across the United States with four regional representatives based in Los Angeles (Western), Dallas (Central), Boston (Northeast), and Orlando (Southeast).

6. DHS Adds Environmental Economics to STEM Designated Degree Program List – The Department of Homeland Security has amended its Science, Technology, Engineering and Mathematics Designated Degree Program List by adding “Environmental/Natural Resource Economics” to the qualifying fields of study

7. White House Orders Deferred Enforced Departure for Certain Lebanese Nationals – President Biden issued a memorandum directing the deferral, for 18 months, of the removal of any Lebanese national who was present in the United States on July 23, 2024, with a few exceptions.

8. USCIS Increases Investment and Revenue Thresholds Under International Entrepreneur Rule – In a final rule effective October 1, 2024, U.S. Citizenship and Immigration Services will increase the investment and revenue thresholds under International Entrepreneur Rule, as required every three years. The application fee will not change.

9. DOS Clarifies Guidance on Easing the Nonimmigrant Visa Process for College Graduates – On June 18, 2024, the Biden administration announced actions to more efficiently process employment-based nonimmigrant visas for those who have graduated from college in the United States and have a job offer. As part of this initiative, the Department of State clarified existing guidance to consular officers related to when they should consider recommending that the Department of Homeland Security grant a waiver of ineligibility, where applicable.

10. USCIS Issues New Policy Guidance on Noncompliance With EB-5 Regional Center Program – U.S. Citizenship and Immigration Services has issued policy guidance, effective immediately, on new provisions in the Immigration and Nationality Act that cover consequences for noncompliance with the EB-5 immigrant investor regional center program.

11. USCIS Publishes FAQs on H-1B Nonimmigrant Status – U.S. Citizenship and Immigration Services released frequently asked questions that address common questions by individuals in H-1B nonimmigrant status, particularly related to applying for lawful permanent resident status, job changes or terminations, international travel, and dependent family members.

12. TPS Extended and Redesignated for Somalia; Work Authorization for F-1 Nonimmigrant Students From Somalia Announced – The Department of Homeland Security (DHS) announced that the designation of Somalia for Temporary Protected Status (TPS) has been extended and redesignated for 18 months, to March 17, 2026. DHS also announced work authorization relief for F-1 students from Somalia.

13. USCIS Updates Public Information on International Entrepreneur Rule – U.S. Citizenship and Immigration Services (USCIS) recently updated its public information under the International Entrepreneur Rule.

14. TPS Extended and Redesignated for Yemen; Work Authorization for F-1 Nonimmigrant Students From Yemen Announced – The Department of Homeland Security announced that the designation of Yemen for Temporary Protected Status (TPS) has been extended and redesignated for 18 months, ending on March 3, 2026. DHS also announced work authorization relief for F-1 students from Yemen.

15. Visa Bulletin: No Further Retrogression in EB-3 Category for August – The bulletin notes that although retrogression has not been necessary for August in the EB-3 category, it will likely be necessary to either retrogress the final action date or make the category “Unavailable” in September.

16. DHS Proposes Expansion of Hefty Fees on H-1B and L-1 Visas Under 9-11 Response and Biometric Entry-Exit Requirements – The proposed regulatory changes would require covered employers to submit the 9-11 Biometric Fee for all extension-of-stay petitions, regardless of whether a Fraud Fee applies, so as to include extension-of-stay petitions that do not involve a change of employer. The 9-11 Biometric Fee would continue to apply unchanged to petitions seeking an initial grant of status.

17. USCIS Seeks Comments on Revisions to Application for Employment Authorization – Comments are due by August 12, 2024.

18. OFLC Releases Technical Notes on How It Will Apply the 2018 Standard Occupational Classification to Wages – The Department of Labor’s Office of Foreign Labor Certification (OFLC) released technical notes that explain how OFLC will apply the 2018 Standard Occupational Classification structure to Occupational Employment and Wage Statistics wages for the July 2024 through June 2025 wage year.

19. ABIL Global: France – A new law to control immigration entered into force on January 26, 2024. France also announced procedures related to the Olympic and Paralympic Games in Paris and other cities this summer, and France is on notice for failure to transpose a European Union directive relating to the European Blue Card.

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 – August 2024

1. USCIS Will Conduct Second Random Selection for Regular Cap From Previously Submitted FY 2025 H-1B Cap Registrations

Following its initial selections in March 2024, U.S. Citizenship and Immigration Services (USCIS) announced that it will need to select additional registrations for unique beneficiaries to reach the FY 2025 regular cap numerical allocation. USCIS will make the selections from previously submitted electronic registrations using a random selection process.

USCIS said it will notify prospective petitioners with selected registrations that they are eligible to file an H-1B cap-subject petition for the beneficiary. Those with selected registrations will have their USCIS online accounts updated to include a selection notice, which includes details of when and where to file.

USCIS will not conduct a second selection for the advanced degree exemption (master’s cap) because a sufficient number of master’s cap registrations were already selected and petitions received are projected to meet the FY 2025 master’s cap numerical allocation. The second round of selection for the regular cap will include previously submitted registrations that indicated eligibility for the master’s cap along with those that indicated only eligibility for the regular cap.

Details:

• USCIS notice (July 30, 2024).

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2. I-9 Expiration Date Extended

U.S. Citizenship and Immigration Services (USCIS) has extended the expiration date of Form I-9, Employment Eligibility Verification, to 05/31/2027.

Employers must use the Form I-9 with the edition date of 08/1/23, which may have an expiration date of either 07/31/2026 or 05/31/2027. Either form may be used until its respective expiration date, USCIS said. However, downloads from the Form I-9 download page will only include the new 05/31/2027 expiration date.

USCIS said that employers “are encouraged to update their electronic Forms I-9 systems to use the 05/31/2027, expiration date as soon as possible and must do so no later than July 31, 2026, the expiration date on the previously issued Form I-9.”

Details:

• USCIS notice (Aug. 2, 2024).

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3. USCIS Releases Stats on O-1A Visas, National Interest Waivers, and EB-2 Receipts Since 2022 Guidance

U.S. Citizenship and Immigration Services (USCIS) has reported movement in the numbers of O-1A and EB-2 visa applications and approvals since Biden administration guidance was released in early 2022, along with an overall increase in applications for national interest waivers, although the approval rate for the latter declined. The approval rate for both O-1A and EB-2 applications remained at 90 percent or above in fiscal years (FYs) 2018 through 2023. Below are highlights.

O-1A Visas: Applications and Approvals Increased

According to reports, after the Biden administration announced new guidance in January 2022, there were significant increases in applications and approvals for high-skilled visas, including O-1A visas for individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures, or television industry).

The 2022 guidance provided “examples of evidence that may satisfy the O-1A evidentiary criteria and discusse[d] considerations that are relevant to evaluating such evidence, with a focus on the highly technical nature of STEM [science, technology, engineering, and mathematics] fields and the complexity of the evidence often submitted.”

U.S. Citizenship and Immigration Services (USCIS) reported that from FY 2021 to FY 2022, total receipts of Forms I-129 for O-1A petitioners increased 29 percent, from 7,710 to 9,970. They continued to increase slightly from 9,970 in FY 2022 to 10,010 in FY 2023. Approvals followed a similar trend by increasing by 25 percent from FY 2021 to FY 2022, from 7,320 to 9,120. They continued to increase slightly from 9,120 in FY 2022 to 9,490 in FY 2023. The approval rate remained stable at 90 percent or above in FYs 2018 through 2023.

EB-2 Receipts Increased; Approvals Increased, Then Decreased

There were also increases in EB-2 receipts, although approvals declined after increasing. USCIS reported that from FY 2021 to FY 2022, total receipts of Forms I-140 with and without waivers (combined) increased by 20 percent, from 70,600 to 84,470. Receipts continued to increase by another 10 percent from FY 2022 to FY 2023. Approvals increased by 60 percent from 57,810 in FY 2021 to 92,280 in FY 2022 but decreased about 12 percent from 92,280 in FY 2022 to 81,380 in FY 2023. The approval rate remained at 90 percent or above in FYs 2018 through 2023.

USCIS also noted that total EB-2 receipts in STEM job categories decreased by almost 13 percent, from 61,790 in FY 2022 to 53,960 in FY 2023. Receipts in non-STEM job categories increased by 28 percent during that time. Increasing numbers of EB-2 petitioners are requesting national interest waivers.

Details:

• STEM-Related Petition Trends: EB-2 and O-1A Categories FY 2018-FY 2023, USCIS (N.D.)
• O-1A Visas, National Interest Waivers Rise After Immigration Guidance, Forbes (July 30, 2024).

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4. DOS Issues Notice of Class-Wide Relief in Emami Litigation

The Department of State (DOS) announced class-wide relief to begin August 12, 2024, following litigation in the consolidated cases Emam v. Mayorkas and Pars Equality Center v. Blinken, “to allow certain visa applicants who were refused visas under Presidential Proclamation 9645…to receive a one-time, non-transferable fee credit to submit a new visa application and (for eligible class members) to have the option to get a prioritized visa appointment.” The fee credit may be used once toward any immigrant or nonimmigrant visa at any U.S. embassy or consulate, DOS said.

Class members include eligible nationals of Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen who were denied a visa under Presidential Proclamation 9645 between December 8, 2017, and January 20, 2021, and did not receive a waiver under Presidential Proclamation 9645. The notice includes details on eligibility and how to apply.

Details:

• DOS notice (Aug. 2, 2024).

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5. CIS Ombudsman Expands Nationwide Reach With Regional Representatives

The Citizenship and Immigration Services (CIS) Ombudsman has expanded its reach across the United States with four regional representatives based in Los Angeles (Western), Dallas (Central), Boston (Northeast), and Orlando (Southeast).

According to a statement from the CIS Ombudsman’s office, the regional representatives will:

• Engage with local immigration stakeholders to build relationships and hear about their experiences with U.S. Citizenship and Immigration Services (USCIS);
• Help identify issues that may only be occurring in specific areas or USCIS offices;
• Share feedback from local stakeholders with the CIS Ombudsman’s headquarters team to inform the recommendations it sends to USCIS to improve the agency’s policies and processes; and
• Provide an overview of the CIS Ombudsman’s case assistance services and clarify the process to the public.

The CIS Ombudsman said its public engagement team will continue to meet with stakeholders throughout the country, focusing on national and international organizations and employers, foreign embassies and consulates, and headquarters-level components of other federal departments and agencies.

Details:

• CIS Ombudsman statement (Aug. 2, 2024).

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6. DHS Adds Environmental Economics to STEM Designated Degree Program List

Effective July 23, 2024, the Department of Homeland Security (DHS) has amended its STEM [Science, Technology, Engineering and Mathematics] Designated Degree Program List by adding “Environmental/Natural Resource Economics” to the qualifying fields of study, and the corresponding Department of Education Classification of Instructional Programs code for that field:

The list is used to determine whether a degree obtained by certain F-1 nonimmigrant students following the completion of a program of study qualifies as a STEM degree as determined by DHS, as required for the F-1 student to be eligible to apply for a 24-month extension of their post-completion optional practical training (OPT) work authorization (EAD).

Details:

• DHS notice, 89 Fed. Reg. 59748 (July 23, 2024).

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7. White House Orders Deferred Enforced Departure for Certain Lebanese Nationals

On July 26, 2024, President Biden issued a memorandum directing the deferral, for 18 months, of the removal of any Lebanese national who was present in the United States on that date, with a few exceptions.

The memo also directs the Department of Homeland Security to authorize employment for noncitizens whose removal has been deferred under the memo for the duration of such deferral, and to consider suspending regulatory requirements with respect to F-1 nonimmigrant students who are Lebanese nationals “as the Secretary of Homeland Security determines to be appropriate.”

Details:

• White House memorandum (July 26, 2024).

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8. USCIS Increases Investment and Revenue Thresholds Under International Entrepreneur Rule

In a final rule effective October 1, 2024, U.S. Citizenship and Immigration Services (USCIS) will increase the investment and revenue thresholds under the International Entrepreneur Rule (IER), as required every three years. The application fee will not change.

The IER allows the Department of Homeland Security (DHS) to “grant a period of authorized stay [parole], on a case-by-case basis, to noncitizen entrepreneurs who show that their stay in the United States would provide a significant public benefit through their business venture and that they merit a favorable exercise of discretion.” Under the rule, entrepreneurs granted parole are eligible to work only for their start-up businesses. The spouses and children of noncitizen entrepreneur may also be eligible for parole.

USCIS will make the following adjustments:

• For an initial application, entrepreneurs must show at least $311,071 (currently $264,147) in qualified investments from qualifying investors, at least $124,429 (currently $105,659) in qualified government awards or grants, or, if only partially meeting the threshold investment or award criteria, alternative reliable and compelling evidence of the start-up entity’s substantial potential for rapid growth and job creation.
• For a second period of authorized stay under the IER, the entrepreneur generally must demonstrate that the start-up entity has either:
  • Received a qualified investment, qualified government grants or awards, or a combination of such funding, of at least $622,142 (currently $528,293);
  • Created at least five qualified jobs; or
  • Reached annual revenue in the United States of at least $622,142 (currently $528,293) and averaged at least 20% in annual revenue growth.
• The definition of a “qualified investor” requires the investor to have a history of substantial investment in successful startup entities. USCIS generally considers such an individual or organization a qualified investor if, during the preceding five years, the following apply:
  • The individual or organization made investments in startup entities of at least $746,571 (currently $633,952) in total, in exchange for equity, convertible debt, or other security convertible into equity commonly used in financing transactions within the startup entities’ respective industries; and
  • After such investment by such individual or organization, at least two such startup entities each created at least five qualified jobs or generated at least $622,142 (currently $528,293) in revenue with average annualized revenue growth of at least 20%.

Details:

• USCIS final rule, 89 Fed. Reg. 60298 (July 25, 2024).

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9. DOS Clarifies Guidance on Easing the Nonimmigrant Visa Process for College Graduates

On June 18, 2024, the Biden administration announced actions to more efficiently process employment-based nonimmigrant visas for those who have graduated from college in the United States and have a job offer. As part of this initiative, on July 15, 2024, the Department of State (DOS) clarified existing guidance to consular officers related to when they should consider recommending that the Department of Homeland Security grant a waiver of ineligibility under INA § 212(d)(3), where applicable.

The DOS guidance explains that there is a clear and significant U.S. public interest in requesting a waiver on an expedited basis “if the applicant has graduated with a degree from an institution of higher education in the United States, or has earned credentials to engage in skilled labor in the United States, and is seeking to travel to the United States to commence or continue employment with a U.S. employer in a field that requires the education that the applicant attained in the United States.”

Details:

• DOS notice (July 15, 2024).
• DOS Foreign Affairs Manual guidance (July 15, 2024).
• White House Fact Sheet (June 18, 2024).

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10. USCIS Issues New Policy Guidance on Noncompliance With EB-5 Regional Center Program

U.S. Citizenship and Immigration Services (USCIS) has issued policy guidance, effective immediately, on new provisions in the Immigration and Nationality Act (INA) that cover consequences for noncompliance with the EB-5 regional center program.

The guidance updates Part G, Investors, in Volume 6 of the Policy Manual, to incorporate statutory reforms included in the EB-5 Reform and Integrity Act of 2022 (RIA). USCIS explained:

The guidance interprets the provisions related to sanctions, including terminations, debarments, and suspensions, for noncompliant regional centers, new commercial enterprises, job-creating entities, investors, and others. The guidance also explains what may be considered threats to the national interest, fraud, intentional material misrepresentation, deceit, and criminal misuse in the context of discretionary determinations that require us to take adverse action on certain EB-5 petitions, applications, and benefits. It also outlines special considerations for good-faith pre-RIA investors a to retain eligibility under INA sec. 203(b)(5)(M) after we terminate or debar their regional center, new commercial enterprise, or job-creating entity due to noncompliance.

Details:

• USCIS alert (July 16, 2024).

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11. USCIS Publishes FAQs on H-1B Nonimmigrant Status

U.S. Citizenship and Immigration Services (USCIS) released frequently asked questions (FAQs) that address common questions by individuals in H-1B nonimmigrant status, particularly related to applying for lawful permanent resident (LPR) status, job changes or terminations, international travel, and dependent family members.

For example, USCIS noted that:

• An eligible H-1B worker can change employers as soon as the new employer’s nonfrivolous H-1B petition is properly filed with USCIS.
• USCIS will not revoke a Form I-140 petition approval solely due to termination of the petitioner’s business or the employer’s withdrawal, as long as the petition has been approved for at least 180 days or the associated adjustment of status application has been pending for at least 180 days, and the petition approval is not revoked on other grounds. In this scenario, the H-1B worker would retain their priority date.
• When an H-1B worker’s employment is terminated (either voluntarily or involuntarily), they typically may take one of several actions to remain in a period of authorized stay in the United States beyond 60 days.

A chart in the FAQs summarizes some common scenarios for H-1B workers.

Details:

• USCIS FAQs for Individuals in H-1B Nonimmigrant Status (July 17, 2024).

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12. TPS Extended and Redesignated for Somalia; Work Authorization for F-1 Nonimmigrant Students From Somalia Announced

The Department of Homeland Security (DHS) announced that the designation of Somalia for Temporary Protected Status (TPS) has been extended and redesignated for 18 months, from September 18, 2024, to March 17, 2026. DHS also announced work authorization relief for F-1 students from Somalia. Below are highlights of DHS’s actions.

TPS Extension and Redesignation

The 60-day re-registration period for existing beneficiaries began July 22, 2024, and runs through September 20, 2024. U.S. Citizenship and Immigration Services (USCIS) encourages those who currently have TPS to timely re-register during the re-registration period and not wait until their Employment Authorization Documents (EADs) expire because delaying re-registration could result in gaps in their employment authorization documentation. DHS said that USCIS will continue to process pending applications filed under previous TPS designations for Somalia.

The redesignation of Somalia for TPS allows an estimated 4,300 Somali nationals (and individuals having no nationality who last habitually resided in Somalia) who have been continuously residing in the United States since July 12, 2024, to file initial applications for TPS if they are otherwise eligible. The extension of TPS for Somalia allows approximately 600 current beneficiaries to retain TPS through March 17, 2026, if they continue to meet TPS eligibility requirements.

DHS said it recognizes that not all re-registrants may receive a new EAD before their current EAD expires. For that reason, DHS is automatically extending through September 17, 2025, the validity of certain EADs previously issued under Somalia’s TPS designation.

Work Authorization Relief for F-1 Nonimmigrant Students From Somalia

DHS is also suspending certain regulatory requirements for F-1 nonimmigrant students from Somalia. These 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.

An F-1 nonimmigrant student must file Form I-765, Application for Employment Authorization, with USCIS to apply for off-campus employment authorization based on severe economic hardship directly resulting from the current crisis in Yemen.

Details:

• DHS news release (July 19, 2024).
• USCIS TPS notice, 89 Fed. Reg. 59135 (advance copy) (July 22, 2024).
• S. Immigration and Customs Enforcement notice on employment authorization for F-1 students from Somalia, 89 Fed. Reg. 59129 (advance copy) (July 22, 2024).

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13. USCIS Updates Public Information on International Entrepreneur Rule

U.S. Citizenship and Immigration Services (USCIS) recently updated its public information under the International Entrepreneur Rule (IER). USCIS noted that the rule allows the Department of Homeland Security (DHS) to “grant a period of authorized stay [parole], on a case-by-case basis, to noncitizen entrepreneurs who show that their stay in the United States would provide a significant public benefit through their business venture and that they merit a favorable exercise of discretion.”

Under the rule, entrepreneurs granted parole are eligible to work only for their start-up business. The spouse and children of the noncitizen entrepreneur may also be eligible for parole, USCIS noted. The agency listed several “threshold criteria and key elements” of the rule:

• Entrepreneurs may be either living abroad or already in the United States.
• Start-up entities must have been formed in the United States within the past five years.
• Start-up entities must demonstrate substantial potential for rapid growth and job creation by showing at least $264,147 in qualified investments from qualifying investors, at least $105,659 in qualified government awards or grants, or alternative evidence.
• The spouse of the entrepreneur may apply for employment authorization after being paroled into the United States.
• The entrepreneur may be granted an initial parole period of up to 2½ years. If approved for re-parole, based on additional benchmarks in funding, job creation, or revenue described in the guidance, the entrepreneur may receive up to another 2½ years, for a maximum of five years. (At that point or earlier, there are other Options for Noncitizen Entrepreneurs to Work in the United States, USCIS noted.)
• Up to three entrepreneurs per start-up can be eligible for parole under the rule.

Details:

• USCIS guidance (July 12, 2024).

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14. TPS Extended and Redesignated for Yemen; Work Authorization for F-1 Nonimmigrant Students From Yemen Announced

The Department of Homeland Security (DHS) announced that the designation of Yemen for Temporary Protected Status (TPS) has been extended and redesignated for 18 months, beginning on September 4, 2024, and ending on March 3, 2026. DHS also announced work authorization relief for F-1 students from Yemen. Below are highlights of DHS’s actions.

TPS Extension and Redesignation for Yemen

This extension and redesignation allows Yemeni nationals (and individuals having no nationality who last habitually resided in Yemen) who have been continuously residing in the United States since July 2, 2024, and who have been continuously physically present in the United States since September 4, 2024, to apply or re-register for TPS, the notice states.

The 60-day re-registration period for existing beneficiaries began on July 10, 2024, and runs through September 9, 2024. U.S. Citizenship and Immigration Services encouraged re-registrants to timely re-register during the re-registration period and not wait until their Employment Authorization Documents (EADs) expire because delaying re-registration could result in gaps in their employment authorization documentation.

The redesignation of Yemen for TPS allows an estimated 1,700 Yemeni nationals (and individuals having no nationality who last habitually resided in Yemen) who have been continuously residing in the United States since July 2, 2024, to file initial applications for TPS if they are otherwise eligible, the notice states. The extension of TPS for Yemen allows approximately 2,300 current beneficiaries to retain TPS through March 3, 2026, if they continue to meet TPS eligibility requirements.

Work Authorization Relief for F-1 Nonimmigrant Students From Yemen

DHS is also suspending certain regulatory requirements for F-1 nonimmigrant students from Yemen who are experiencing severe economic hardship as a direct result of the current crisis in Yemen. These 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. This action covers eligible F-1 nonimmigrant students from Yemen beginning on September 4, 2024, and ending on March 3, 2026.

An F-1 nonimmigrant student must file Form I-765, Application for Employment Authorization, with U.S. Citizenship and Immigration Services to apply for off-campus employment authorization based on severe economic hardship directly resulting from the current crisis in Yemen.

Details:

• DHS notice of TPS extension and redesignation for Yemen, 89 Fed. Reg. 56765 (July 10, 2024).
• DHS notice of work authorization relief for Yemeni F-1 nonimmigrant students, 89 Fed. Reg. 56759 (July 10, 2024).
• DHS news release on Yemeni TPS (July 8, 2024).

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15. Visa Bulletin: No Further Retrogression in EB-3 Category for August

The Department of State’s Visa Bulletin for August 2024 shows no further retrogression in the EB-3 visa category following retrogression in July. However, the August bulletin notes:

As readers were informed in Item D of the July 2024 Visa Bulletin, demand and number use has remained high in the EB-3 visa category. Although retrogression has not been necessary for August, it will likely be necessary to either retrogress the final action date or make the category “Unavailable” in September. This situation will be continually monitored, and any necessary adjustments will be made accordingly.

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16. DHS Proposes Expansion of Hefty Fees on H-1B and L-1 Visas Under 9-11 Response and Biometric Entry-Exit Requirements

The Department of Homeland Security (DHS) has proposed to amend and clarify regulations concerning the 9-11 Response and Biometric Entry-Exit fee for H-1B and L-1 visas. The proposed regulatory changes would require covered employers to “submit the 9-11 Biometric Fee for all extension-of-stay petitions, regardless of whether a Fraud Fee applies, so as to include extension-of-stay petitions that do not involve a change of employer. The 9-11 Biometric Fee would continue to apply unchanged to petitions seeking an initial grant of status.”

Reaction. Commenting on the proposed rule on July 8, 2024, the American Immigration Lawyers Association (AILA) noted that “DHS is proposing to significantly change its interpretation regarding when the 9-11 Biometric Fee, implemented under Public Law 114-113 for H-1B and L-1 visas, is required. This law created an additional fee of $4,000 for H-1B petitions and $4,500 for L-1 petitions when H-1B or L-1 workers comprise more than 50% of the petitioner’s U.S. workforce (Covered Employers). This fee is in addition to the other filing fees associated with these petitions.” In 2019, AILA explained, “in response to the DHS proposed revisions to the USCIS fee schedule that was ultimately enjoined, AILA urged DHS not to adopt the same statutory interpretation it proposes now, citing, among other reasons, the significant harm it would cause for certain U.S. employers, and that it was contrary to the plain language and intent of the statute.” In its comment, AILA delineated the reasons for its disagreement with the current proposal, which would require covered employers to pay the 9-11 Biometric Fee “not only for initial benefit requests with which all employers must include the Fraud Fee but also for requests by the same Covered Employer to extend the same worker’s H-1B or L-1 status, even though in the latter scenario the Fraud Fee is not required.”

Details:

• DHS proposed rule (U.S. Customs and Border Protection), 89 Fed. Reg. 48339 (June 6, 2024).
• AILA comment (July 8, 2024).

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17. USCIS Seeks Comments on Revisions to Application for Employment Authorization

U.S. Citizenship and Immigration Services (USCIS) seeks additional comments on its revisions to Form I-765, Application for Employment Authorization. Comments are due by August 12, 2024.

The notice states that instead of going to a Social Security Office, an applicant for work authorization can now apply for a Social Security Number (SSN) and Social Security card using Form I-765. If the relevant data elements are filled out, USCIS will send the applicant’s information to the Social Security Administration (SSA) upon approval of the employment authorization request. If the applicant already has an SSN and requested a Social Security card on Form I-765, SSA will issue a replacement SSN card.

Details:

• USCIS 30-day notice, 89 Fed. Reg. 57159 (July 12, 2024).

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18. OFLC Releases Technical Notes on How It Will Apply the 2018 Standard Occupational Classification to Wages

The Department of Labor’s Office of Foreign Labor Certification (OFLC) released technical notes that explain how OFLC will apply the 2018 Standard Occupational Classification (SOC) structure to Occupational Employment and Wage Statistics (OEWS) wages for the July 2024 through June 2025 wage year.

OFLC said that OEWS has aggregated certain 2018 SOC detailed occupations into a single broad occupation. OFLC will apply the single broad occupation wage estimate to each of the 2018 SOC detailed occupations. OEWS has published a list of OEWS occupations and definitions that include 2018 SOC detailed occupations that have been aggregated; a link to the list is included in the technical notes.

OFLC also explained that in certain instances, the 2018 SOC codes “may be aggregated, may not have wage estimates due to OEWS data limitations, may not have American Competitiveness and Workforce Improvement Act (ACWIA) Higher Education wage estimates due to OEWS data limitations, or may not have Job Zone data due to the Occupational Information Network (O*NET) data limitations.” The technical notes include examples of such instances.

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19. ABIL Global: France

A new law to control immigration entered into force on January 26, 2024. France also announced procedures related to the Olympic and Paralympic Games in Paris and other cities this summer, and France is on notice for failure to transpose a European Union directive relating to the European Blue Card.

The new law’s legislative journey and the media debate around it have been very intense over several months. Important measures like massive regularization of undocumented workers in short-staffed professions have finally been rejected by the Senate.

The legislative process has been lively: after the adoption by the Senate of a text presenting several setbacks for foreigners’ rights, a motion for prior rejection was adopted by the National Assembly. Finally, Deputies from the majority, the right wing, and the far right wing agreed on the final text, including several measures already identified as unconstitutional.

The Constitutional Council, in its decision of January 25, censored 35 articles of the law. The Constitutional Council has deemed the following measures unconstitutional:

• Migration quotas. The law planned the establishment of “quotas” to cap for the next three years the number of foreigners admitted to the country. Because this measure was considered unconstitutional by the Constitutional Council, quotas will not be implemented.
• Family reunification. The conditions for family reunification will remain the same. The extension of the duration of residence in France for more than 24 months has been deemed unconstitutional as well as the other new measures regarding family reunification.

With regard to aspects relating more to private life, the following measures deemed unconstitutional have been excluded:

• Tightening of the conditions to be met by a foreigner married to a French national to be issued with a temporary residence permit bearing the title “private and family life” for a period of one year;
• Tightening of the conditions for issuing a residence permit for reasons of study; and
• Full right issuance of a long-stay visa to British nationals who own a secondary home in France.

Legislative Changes

Measures under this new law that directly impact professional immigration include:

Talent Passport Residence Permits

“Talent Passport” residence permits change their name to “Talent” residence permits, in a simplification effort.

The following three Talent Passport residence permits all merge to a single “Talent—Qualified employee” residence permit: (1) Talent—Passport Qualified employee, (2) Talent Passport employee of an innovative company, and (3) Talent Passport intra-company. This simplification does not modify the initial conditions required for each status, but the minimum salary thresholds could change since the article refers to “a salary threshold set by decree in the Council of State,” which has not yet been published.

The following three Talent Passport residence permits will all merge into a single “Talent—Project Bearer” residence permit: (1) Talent Passport—Business Creation, (2) Talent Passport innovative economic project, and (3) Talent Passport economic investment.

The new law also creates a “Talent—medical and pharmacy professions” residence permit for doctors, midwives, dental surgeons, and pharmacists.

Regularization of Undocumented Workers in Short-Staffed Professions

The law gives prefects discretion to regularize an undocumented worker who has lived in France for at least three years; worked at least 12 months, consecutive or not, over the last 24 months; and has a job in a short-staffed profession in a specific area. This will allow the issuance of a residence permit bearing the title “temporary worker” or “employee” for a period of one year. The worker can apply without the employer’s approval.

Olympic Games 2024

The Olympic Games are taking place in Paris and other cities (Marseille, Toulouse, Lille). They began July 26 and will run until August 11, 2024. The Paralympic Games will take place from August 28 to September 8, 2024.

Among measures for foreigners is the possibility for foreign students to participate in private security activities. The work time performed in these activities will not be considered in the calculation of the ancillary work time allowed for foreign students, which is 60 percent of the annual work time (i.e., around 964 hours per year).

Also, according to the French Ministry and consulates in the United States, a simplified process has been implemented for travelers for whom an accreditation request is submitted to the Olympic or Paralympic Committee, such as members of the Olympic and Paralympic Committees, athletes, accompanying persons, media, and official guests.

They can appear in any visa center to apply for a visa without an appointment; a time slot is dedicated to them every morning. They only need to provide their passport, proof of accreditation, and photos. Fingerprinting takes place as well. There are no visa fees to be paid and no visa form to be filled out before submission of the application.

Absence of Transposition of EU Blue Card Directive

On January 25, 2024, the European Commission announced adoption of a set of decisions concerning delays in the transposition of European Union (EU) Directives. France is on notice for failure to transpose the directive of October 20, 2021, relating to the European Blue Card.

States had until November 18, 2023, to adapt their internal laws to EU Directives. In France, the law of January 26, 2024 (which includes several articles related to the work of foreigners) did not include any modification of the Foreigners Code (CESEDA) for European Blue Card status.

French authorities had two months to respond and complete the transposition. Failing this, the Commission could issue a reasoned opinion and, in the absence of a response, bring the matter before the EU Court of Justice. As of early August, there was no update regarding the transposition of the EU Blue Card Directive into French law, and the Commission had not yet issued its opinion.

The Foreigners Code (CESEDA) includes several provisions relating to the multi-year “talent, European blue card” residence card, but those are not in line with the Directive: the possibility for the foreigner to present an employment contract or a job offer of at least six months (currently 12 months); duration of the residence permit set at a minimum of 24 months (currently one year); and possible mobility to another Member State after 12 months of legal residence in the first Member State (instead of 18).

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New Publications and Items of Interest

On August 7, 2024, the Department of Labor will host a public webinar (scroll to July 26, 2024) to educate stakeholders, program users, and other interested members of the public on the changes to the H-2A nonimmigrant agricultural workers program made by the 2024 H-2A Farmworker Protection Final Rule. Participants in this webinar will receive tips on the new forms, filing instructions, and explanation of the transition process. The Final Rule became effective June 28, 2024, and the Office of Foreign Labor Certification will begin accepting applications subject to the provisions of this rule on August 29, 2024.

Video of briefing on executive actions to streamline D-3 waivers and access to employment-based visas for college and university graduates, including Dreamers. On July 10, 2024, the Presidents’ Alliance, TheDream.US, Cornell Law School, and partners hosted a briefing on the significance of the Biden-Harris administration’s new executive actions to streamline D-3 waivers and access to employment-based visas for eligible college and university graduates, including Deferred Action for Childhood Arrivals (DACA) recipients and other Dreamers. The briefing covered various topics, including who could be eligible and how businesses and campuses can engage to support eligible beneficiaries.

CIS Ombudsman updated FAQ page, webinar on Annual Report. The Citizenship and Immigration Services Ombudsman recently updated its Frequently Asked Questions page. Also, the CIS Ombudsman held a webinar on its 2024 Annual Report on July 30, 2024.

E-Verify webinars: E-Verify has updated its calendar of webinars. There is a new webinar focusing on acceptable documents for the Form I-9 work authorization verification process, to be presented August 14 and 27, 2024. Other topics include E-Verify for existing and Web services users, employee rights, employer responsibilities, information for federal contractors, an overview of E-Verify and Form I-9 requirements, and myE-Verify, among others.

SAVE webinars: Systematic Alien Verification for Entitlements (SAVE) has updated its calendar of webinars. Topics include current users and best practices, and an overview.

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

Dagmar Butte was quoted by Forbes in O-1A Visas, National Interest Waivers Rise After Immigration Guidance. She said she was not surprised that the approval rate for national interest waivers declined. “I think while the category has been broadened, Matter of Dhanasar still rules the day, so for me, every case has to pass that test before I’ll file it.” Ms. Butte referenced the Administrative Appeals Office decision Matter of Dhanasar (December 27, 2016), which established a three-factor test for national interest waivers.

Klasko Immigration Law Partners, LLP (KILP) is celebrating its 20^th anniversary since its formation as a firm in 2004. Since its inception, KILP has grown from four partners to nine, from 30 employees to more than 110, from offices in two cities to offices in three cities with employees in 19 states. Over the last 20 years, KILP attorneys and the firm have been recognized by various publications, such as Chambers and Partners, U.S. News & World Report’s Best Lawyers in America©, Best Law Firms in America©, and Best Companies to Work For; EB5 Investors magazine; Human Resources Executive magazine; Lawdragon; and Lexology.

Cyrus Mehta authored a blog post: Obtaining Advance Parole on a Pending Adjustment of Status Application.

Mr. Mehta and Jessica Paszko authored a blog post: Does the Signing of the I-485 Supplement J by a New Employer Constitute Visa Sponsorship?

Greg Siskind of Siskind Susser PC authored a column on mastermind groups that was published by the American Bar Association (available by registration).

Jason Susser of Siskind Susser PC was quoted extensively by Forbes in USCIS Seeks to Boost Immigration Policy for Entrepreneurs (available via subscription). The article explains that Mr. Susser obtained approval for a client in the United States under the International Entrepreneur Rule, but the process took a long time, and the client returned to Canada and now runs a business there. “She was a graduate student and built a nice company. It took so long to get approved, and Canada has some major tax credits for startup [research and development] salaries that she told me she probably will not use the parole under the International Entrepreneur Rule after waiting two years and will remain in Canada.” The article notes that Mr. Susser said his client raised more than $1 million after completing her MBA at Stanford. Nine months passed after submitting the application before receiving a Request for Evidence from USCIS. “The first red flag was that the RFE came from the Immigrant Investor Program office, which are the officers who deal with EB-5 applications, and that program is notoriously slow. Then the RFE did not ask about the client but instead entirely focused on whether the U.S. investor is a ‘qualified investor.’ Even there, the big hang-up with the investor was not whether he had invested, but instead whether his investments in other companies had led to the required growth.” He said, “They were asking for documents of the U.S. investor’s other portfolio companies, which were unrelated to the case. Even though the investors we were working with were very supportive, they couldn’t go to companies they have invested in and ask for their employees’ I-9s, taxes and other private information to give to another company for an immigration case.” The case was approved after about two years, the article notes, but by that time, the client had decided to remain in Canada.

WR Immigration published a blog post: Corporate & Counsel Interlude: Employer Impact Statement on Parole and DACA/Dreamer Executive Order.

The Cornell International Law Journal will host “The (Im)possibility of Immigration Reform?,” a symposium celebrating the career of Stephen Yale-Loehr and his contributions to the field of immigration law. The symposium will be held at Cornell Law School on November 8, 2024, from 9:30 a.m. to 4 p.m., followed by a reception. Register to attend the symposium in person, or if you are unable to attend in person, there is a webinar option.

Mr. Yale-Loehr was quoted by the Boston Globe in ‘Czar’ or Not, Harris Bungled Immigration. He said that “it’s difficult to figure out what can be accomplished in a short period of time. I think she started the groundwork” to address the root causes of migration from Central America to the United States.

Mr. Yale-Loehr was quoted by the Chicago Sun-Times in Immigration Advocates in Chicago “Disappointed and Angry” Over Lack of Reforms, Plan DNC Protests. “I think there will be a lively debate at the Democratic National Convention in Chicago about immigration,” he said. “The Biden administration has done a lot, but really Congress needs to step up the plate to enact immigration reform to once and for all cure our broken immigration system.”

Mr. Yale-Loehr was quoted by Syracuse.com in Ecuadoran Accused of Killing Woman in Syracuse Was Waiting in U.S. for Immigration Hearing (available by subscription). He discussed what happens when a person crosses the border, with the overarching question of whether a person will be released into the United States or sent back. He noted that those requesting asylum will be asked whether they have a credible fear of persecution in their home country. If the answer is yes and the person provides an answer that doesn’t seem “frivolous,” they are let go with a court date and can remain in the United States while their asylum application is pending. Later they need to appear in immigration court and convince an immigration judge that their fear is based on one of the asylum grounds to remain in the United States, Mr. Yale-Loehr explained. In the case discussed in the article, the man accused of the murder, if convicted, is likely to serve a long sentence and be deported after completing it. “It’s clear that now he has come to the attention of the immigration authorities. No matter what happens with the criminal trial, he’s got immigration issues he’s going to have to deal with.”

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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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In this issue:

1. E-Verify+ Trial Launched; Users Should Check Their Bookmarks, USCIS Said – E-Verify+ integrates the Form I-9 and E-Verify employment eligibility verification processes. USCIS also noted that E-Verify users should check their bookmarks and update them if needed.

2. USCIS Reminds SAVE Users to Certify Tutorial Review, Provides Best Practice Tips – As of May 28, 2024, SAVE users must certify review of the SAVE tutorial before creating new SAVE cases. The agency also provided best practice tips when submitting a case.

3. USCIS Updates Guidance on Family-Based Immigrant Visas – Effective May 22, 2024, U.S. Citizenship and Immigration Services (USCIS) has updated its guidance on family-based immigrant visa petitions. The update includes an explanation of how USCIS corrects approval notice errors, processes requests for consular processing or adjustment of status on the beneficiary’s behalf, and handles routing procedures for approved petitions.

4. District Court Approves New Visa Applications and Fee Waivers for Travel Ban Class Members – Affected class members include nationals of Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen who were refused visas under Presidential Proclamation 9645.

5. DOJ, DOL Secure Agreements With Tech Company to Resolve Discriminatory “U.S. Born Citizens [Whites Only]” Job Posting – On May 23, 2024, the Departments of Justice and Labor announced separate agreements with Arthur Grand Technologies Inc., an information technology services firm based in Virginia.

6. DOS Implements New Visa Restrictions for Certain Georgians – Secretary of State Antony Blinken said that “anyone who undermines democratic processes or institutions in Georgia—including in the lead-up to, during, and following Georgia’s October 2024 elections—may be found ineligible for U.S. visas under this policy and precluded from travel to the United States.”

7. DHS Issues New ‘Western Hemisphere Parole’ Class of Admission – As part of the Biden administration’s actions to manage regional migration and facilitate “safe, orderly, and humane processing of migrants,” the Department of Homeland Security has issued a new class of admission, Western Hemisphere Parole.

8. SAVE Requires Users to Review New Tutorial – SAVE users must review a new tutorial and certify completion of their review before creating new SAVE cases.

9. Representatives Send Letter to USCIS Director Expressing Concerns About Work Authorization Process for Asylees and Humanitarian Parolees – Sixteen members of Congress sent a letter to Ur Jaddou, Director of U.S. Citizenship and Immigration Services, expressing their concerns with the process for submitting Employment Authorization Document applications for asylees and humanitarian parolees.

10. DOJ Secures Agreement With National Home Healthcare Company to Resolve Immigration-Related Employment Discrimination Claims – The Department of Justice announced that it secured a settlement agreement with Maxim Healthcare Services, a home healthcare company based in Columbia, Maryland, with operations in 35 states.

11. Retrogression Likely in EB-2 and EB-3 Categories, Visa Bulletin for June 2024 States – High demand in the employment-based second (EB-2) and third (EB-3) categories will most likely necessitate retrogression of the worldwide final action date (including Mexico and Philippines) next month. Also, a new law may affect certain current and former employees of the U.S. government abroad applying for Special Immigrant Visas or adjustment of status.

12. USCIS Clarifies Policy on Location of H-3 Training – U.S. Citizenship and Immigration Services issued policy guidance clarifying when H-3 nonimmigrants may participate in training provided on the property of an academic or vocational institution.

13. OFLC Seeks Comments on Proposed Three-Year Extension of Labor Condition Application and WH-4 Forms for H-1B, H-1B1, and E-3 Temporary Programs – Comments are due by July 5, 2024.

14. DOL Ratifies Final H-2A Rule’s AEWR Methodology – The Department of Labor published a notice stating that the Assistant Secretary for Employment and Training ratified a final rule on Adverse Effect Wage Rate methodology for H-2A agricultural workers “out of an abundance of caution.”

15. DOJ Secures Agreement With Climate Nonprofit to Resolve Immigration-Related Employment Discrimination Claims – The agreement resolves the Department of Justice’s determination that Second Nature violated the Immigration and Nationality Act by posting discriminatory job advertisements that deterred non-U.S. citizens from applying for open positions.

16. ABIL Global: France – A new law to control immigration entered into force on January 26, 2024. Also, France announced procedures related to the Olympic Games in Paris and other cities this summer, and France is on notice for failure to transpose a European Union directive relating to the European Blue Card.

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

Download:

ABIL Immigration Insider – June 2024

1. E-Verify+ Trial Launched; Users Should Check Their Bookmarks, USCIS Said

U.S. Citizenship and Immigration Services (USCIS) announced the launch of the E-Verify+ trial. E-Verify+ integrates the Form I-9 and E-Verify employment eligibility verification processes.

USCIS said that the trial puts the agency “one step closer to bringing E-Verify+ to you.” The trial will include live testing with E-Verify users to assess the user experience. Their feedback will be considered for incorporation in the product when it is released for wider use, USCIS said.

USCIS also noted that E-Verify users should check their bookmarks. Effective June 25, 2024, the E-Verify account log-in page will only be accessible through everify.uscis.gov. Users should review their bookmarks to ensure that they are using the current URL without a dash, USCIS said.

Details:

• E-Verify+ trial announcement (May 29, 2024).

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2. USCIS Reminds SAVE Users to Certify Tutorial Review, Provides Best Practice Tips

U.S. Citizenship and Immigration Services (USCIS) reminded Systematic Alien Verification for Entitlements (SAVE) users that as of May 28, 2024, SAVE users must certify review of the SAVE tutorial before creating new SAVE cases. SAVE users will be unable to create new SAVE cases until they attest to review of the SAVE tutorial and certify to completion. Users can complete the certification without delay at SAVE> Manage Profile.

SAVE published a new SAVE Tutorial that provides guidance “to help SAVE users correctly and efficiently use SAVE to verify benefit applicants, which users are encouraged to review,” USCIS said.

The tutorial provides information about:

• SAVE and the verification process
• SAVE CaseCheck
• Commonly used immigration documents and where to find immigration enumerators
• Common case responses
• Best practices for additional verification
• Managing cases
• Administering SAVE accounts

USCIS also noted that the SAVE additional verification response time for May 2024 is now five federal workdays. “Response times vary depending upon the complexity of the case,” USCIS said. The agency provided the following best practice tips when submitting a case:

• Ensure that the applicant’s name, date of birth, and immigration enumerators are entered exactly as they appear on the applicant’s immigration documentation.
• Include all immigration enumerators provided by the applicant. For example, if the applicant presents a Form I-766, Employment Authorization Document, and a Form I-94, Arrival/Departure Record, enter both the USCIS number from the I-766 and the I 94 number into SAVE.
• If an applicant needs their most recent Form I-94 issued by U.S. Customs and Border Protection (CBP), they can visit CBP’s I-94 website or download the CBP One mobile app to retrieve a copy.

Details:

• SAVE announcements (May 28, 2024).

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3. USCIS Updates Guidance on Family-Based Immigrant Visas

Effective May 22, 2024, U.S. Citizenship and Immigration Services (USCIS) has updated its guidance on family-based immigrant visa petitions. The update includes an explanation of how USCIS corrects approval notice errors, processes requests for consular processing or adjustment of status on the beneficiary’s behalf, and handles routing procedures for approved petitions.

USCIS explained that the update clarifies procedures for family-based immigration petitions “to promote more efficient processing where the beneficiary’s preference for consular processing or adjustment of status is unclear or has changed or a correction is needed.”

The updated guidance “provides that if you do not clearly indicate whether your beneficiary wants consular processing or adjustment of status, we will use discretion to decide whether to send the approved petition to the [National Visa Center] for consular processing or keep the petition for adjustment of status processing, based on evidence of the beneficiary’s most recent location, including the beneficiary’s address on the petition,” USCIS said.

Details:

• USCIS alert (May 22, 2024).
• USCIS Policy Manual.

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4. District Court Approves New Visa Applications and Fee Waivers for Travel Ban Class Members

Certain nonimmigrant and immigrant visa applicants who were refused visas under a Trump-era travel ban can now obtain a one-time fee waiver to submit a new visa application and receive a prioritized visa appointment, thanks to federal district court approval. Affected class members include nationals of Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen who were refused visas under Presidential Proclamation 9645.

The U.S District Court for the Southern District of California also requires the government to notify all eligible class members and provide periodic reports.

Details:

• Emami v. Nielsen, Case 3:18-cv-01587-JD, Joint Proposed Injunction (May 14, 2024).
• Emami v. Mayorkas, 18-cv-01587-JD and 18-cv-07818-JD, Order re Summary Judgment (Aug. 1, 2022).

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5. DOJ, DOL Secure Agreements With Tech Company to Resolve Discriminatory “U.S. Born Citizens [Whites Only]” Job Posting

On May 23, 2024, the Departments of Justice (DOJ) and Labor (DOL) announced separate agreements with Arthur Grand Technologies Inc., an information technology services firm based in Virginia.

DOJ’s agreement resolves the department’s determination that Arthur Grand violated the Immigration and Nationality Act (INA) by posting a discriminatory job advertisement in March 2023 that restricted eligible candidates to “only US Born Citizens [white] who are local within 60 miles from Dallas, TX [Don’t share with candidates]” [brackets in original].

DOJ’s agreement notes that Arthur Grand “asserted that the posted advertisement was generated by a disgruntled recruiter in India and was intended to embarrass the company; and Respondent thereby denies that the posting was authorized by the company or that Respondent intended to dissuade non-U.S. Citizens from applying for the position.” The agreement orders the company to pay a civil penalty of $7,500. Among other requirements, the agreement also requires recruitment personnel to view a training video.

DOL’s agreement resolves its determination that Arthur Grand violated Executive Order 11246, which prohibits federal contractors from discriminating in employment based on race, color, religion, sex, sexual orientation, gender identity, or national origin. That agreement includes $31,000 to compensate individuals and other injunctive relief.

Details:

• DOJ press release (May 23, 2024).
• DOJ agreement (May 23, 2024).
• DOL agreement (May 3, 2024).

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6. DOS Implements New Visa Restrictions for Certain Georgians

In response to a new “foreign influence” law and related “campaign of intimidation and the use of violence to suppress peaceful dissent,” Secretary of State Antony Blinken announced on May 23, 2024, that it is implementing “a new visa restriction policy for Georgia that will apply to individuals who are responsible for or complicit in undermining democracy in Georgia, as well as their family members.” He said this includes “individuals responsible for suppressing civil society and freedom of peaceful assembly in Georgia through a campaign of violence or intimidation.”

Secretary Blinken said that “anyone who undermines democratic processes or institutions in Georgia—including in the lead-up to, during, and following Georgia’s October 2024 elections—may be found ineligible for U.S. visas under this policy and precluded from travel to the United States.”

Details:

• DOS press statement (May 23, 2024).

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7. DHS Issues New ‘Western Hemisphere Parole’ Class of Admission

As part of the Biden administration’s actions to manage regional migration and facilitate “safe, orderly, and humane processing of migrants,” the Department of Homeland Security (DHS) has issued a new class of admission (COA), Western Hemisphere Parole (WHP). Individuals with this COA can be paroled into the United States, on a case-by-case basis, for up to three years. Such parolees are not authorized to work incident to their parole, DHS said, and must have an Employment Authorization Document (EAD) if they wish to work. DHS said that Systematic Alien Verification for Entitlements can provide an initial verification response of parolee with a COA of WHP. The initial response may also include work authorization information if the parolee has an EAD.

DHS noted that WHP parolees may have more than one valid immigration status or category and may also present valid immigration documents that demonstrate other pending applications or approved statuses or categories.

Cuban and Haitian nationals who are paroled into the United States under the WHP COA may be eligible to receive certain public benefits, DHS said.

Details:

• New COA for Western Hemisphere Parole (DHS notice), May 13, 2024.
• S. Government Announces Sweeping New Actions to Manage Regional Migration (DHS fact sheet), Apr. 27, 2023.

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8. SAVE Requires Users to Review New Tutorial

Systematic Alien Verification for Entitlements (SAVE) is requiring users to review a new tutorial that “provides up-to-date guidance to help SAVE users correctly and efficiently use SAVE to verify benefit applicants.” The tutorial takes about 15 to 20 minutes to complete.

Effective May 28, 2024, SAVE users must review the new tutorial and certify completion of their review before creating new SAVE cases. SAVE users “are encouraged to review the tutorial now,” U.S. Citizenship and Immigration Services (USCIS) said.

Details:

• SAVE Requires Users to Review New Tutorial, USCIS, May 13, 2024.

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9. Representatives Send Letter to USCIS Director Expressing Concerns About Work Authorization Process for Asylees and Humanitarian Parolees

Sixteen members of Congress sent a letter to Ur Jaddou, Director of U.S. Citizenship and Immigration Services (USCIS), with a copy to David Neal, Director of the Executive Office for Immigration Review, expressing their concerns with the process for submitting Employment Authorization Document (EAD) applications for asylees and humanitarian parolees.

The letter notes barriers that may prevent EAD-eligible individuals from completing their forms and receiving work authorization. Most notably, the letter says that “the cost of filing a Form I-765 (an application for employment authorization) ranges from $470 to $520 starting April 1, 2024 for parole-based EAD submissions. Although parolees can apply for a fee waiver with Form I-912, there is no option to file it online, despite the fact that form I-765 can be completed online and a discount is offered for doing so. Additionally, both the Form I-765 and the Form I-912 are only available in English.” Furthermore, the letter states, the EAD application “is a lengthy, multi-step process, which may require assistance from an attorney or translator to complete.”

The letter asks several questions, and the signers offer to work with the Biden administration “to resolve agency-level barriers for EAD applicants in order to shorten processing and adjudication times.”

Details:

• Letter to Ur Jaddou, May 8, 2024.

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10. DOJ Secures Agreement With National Home Healthcare Company to Resolve Immigration-Related Employment Discrimination Claims

The Department of Justice (DOJ) announced on May 15, 2024, that it secured a settlement agreement with Maxim Healthcare Services (Maxim), a home healthcare company based in Columbia, Maryland, with operations in 35 states. The agreement resolves DOJ’s determination “that Maxim violated the Immigration and Nationality Act (INA) at its Gardena, California, office by discriminating against a non-U.S. citizen worker when it rejected her valid document showing her permission to work and requiring lawful permanent residents working for the company to prove their continued permission to work even though it was unnecessary.”

Specifically, DOJ determined that the company rejected the worker’s employment authorization document (EAD) “because the last name on it was different from the last name on her driver’s license and Social Security card, even though the company accepted documents from U.S. citizens under similar circumstances and believed that the EAD reasonably appeared to be genuine and to relate to the worker,” DOJ said. The investigation also determined that Maxim routinely required lawful permanent residents to present unnecessary documentation when their Permanent Resident Cards expired.

Under the settlement, Maxim will pay a civil penalty of $7,488 to the United States and $1,750 in lost wages to the affected worker, train its employees on the INA’s anti-discrimination requirements, revise its employment policies and processes, and be subject to monitoring by DOJ.

Details:

• DOJ press release (May 15, 2024).
• Settlement agreement (May 15, 2024).

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11. Retrogression Likely in EB-2 and EB-3 Categories, Visa Bulletin for June 2024 States

The Department of State’s (DOS) Visa Bulletin for June 2024 notes that high demand in the employment-based second (EB-2) and third (EB-3) categories will most likely necessitate retrogression of the worldwide final action date (including Mexico and Philippines) next month to hold number use within the maximum allowed under the fiscal year 2024 annual limit. The bulletin states that DOS will monitor this situation and make any necessary adjustments.

The bulletin also notes that the National Defense Authorization Act (NDAA) for Fiscal Year 2024, signed into law on December 22, 2023, may affect certain current and former employees of the U.S. government abroad applying for Special Immigrant Visas (SIVs) abroad or adjustment of status in the United States. This does not affect certain Iraqis and Afghans, the bulletin notes, adding that applicants “should contact the consular section at which they filed their Form DS‑1884 for further information on the impact of that law on their case.”

Details:

• DOS Visa Bulletin for June 2024.

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12. USCIS Clarifies Policy on Location of H-3 Training

On May 8, 2024, U.S. Citizenship and Immigration Services (USCIS) issued policy guidance clarifying when H-3 nonimmigrants may participate in training provided on the property of an academic or vocational institution. USCIS noted that this was a clarification rather than a change in policy.

USCIS explained that generally, H-3 trainees “cannot participate in training provided primarily at or by an academic or vocational institution.” The updated policy guidance clarifies that “if other H-3 requirements are met, training that happens to take place on the physical property of an academic or vocational institution may qualify if the training program is primarily created, offered, and sponsored by a government agency or other nonacademic or nonvocational entity.”

Details:

• USCIS alert (May 8, 2024).

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13. OFLC Seeks Comments on Proposed Three-Year Extension of Labor Condition Application and WH-4 Forms for H-1B, H-1B1, and E-3 Temporary Programs

The Department of Labor’s (DOL) Employment and Training Administration (ETA) announced its intent to extend the Office of Foreign Labor Certification’s Labor Condition Application (LCA) forms and the Wage and Hour Division’s WH-4 complaint form for three years and invited public comments until July 5, 2024. DOL proposes the extensions without changes.

The information collection request includes LCA Forms ETA-9035, ETA-9035E (electronic), ETA-9035 and 9035E Appendix A, ETA-9035CP Instructions, and the WH-4 complaint form.

Written comments must be submitted in accordance with the notice’s instructions.

Details:

• OFLC notice (scroll to May 6, 2024).
• Federal Register notice (with a link to submit comments) (May 6, 2024).

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14. DOL Ratifies Final H-2A Rule’s AEWR Methodology

The Department of Labor (DOL) published a notice stating that the Assistant Secretary for Employment and Training (ETA) ratified a final H-2A rule published February 28, 2023, Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in the Non-Range Occupations in the United States. The ratification was signed on May 3, 2024.

The notice explains that the final rule has become the subject of litigation asserting that the final rule was improperly issued. Specifically, a question concerns whether the final rule was approved by the Attorney General in consultation with the Secretaries of Labor and Agriculture. The notice states that on April 29, 2024, the Secretary of Homeland Security, in consultation with the Secretaries of Labor and Agriculture, approved the final rule. Before its issuance in February 2023, the final rule was provided to the Departments of Homeland Security and Agriculture through an interagency review process, the notice says. To “resolve any possible uncertainty,” the DOL, through its Assistant Secretary for Employment and Training, is ratifying the final rule “out of an abundance of caution.”

The ratification certifies, among other things, that “the employment of H-2A workers will not adversely affect the wages and working conditions of workers in the United States similarly employed, and that the changes adopted in the Final Rule best strike the balance between the statute’s competing goals of providing employers with an adequate supply of legal agricultural labor and protecting the wages of workers in the United States similarly employed.”

Details:

• DOL ratification notice, 89 Fed. Reg. 38838 (May 8, 2024).

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15. DOJ Secures Agreement With Climate Nonprofit to Resolve Immigration-Related Employment Discrimination Claims

The Department of Justice (DOJ) announced that it secured a settlement agreement with Second Nature, a nonprofit organization based in Massachusetts, on May 9, 2024. The agreement resolves DOJ’s determination that Second Nature violated the Immigration and Nationality Act (INA) by posting discriminatory job advertisements that deterred non-U.S. citizens from applying for open positions.

DOJ explained that after opening an investigation based on a worker’s complaint, its Civil Rights Division’s Immigrant and Employee Rights Section (IER) concluded that “Second Nature posted a job advertisement inviting applications only from U.S. citizens. In doing so, the company deterred non-U.S. citizens with permission to work (such as people granted asylum or refugee status, and lawful permanent residents) from applying to the job advertisements and being fairly considered for the employment opportunities.” The investigation also determined that “the lawful permanent resident who filed the complaint was deterred from applying for the job because of the discriminatory language in the posting.”

Under the settlement, Second Nature will pay a $4,610 civil penalty to the United States and pay the affected worker $904 in lost wages. The agreement also requires the company to train those employees who recruit on the INA’s requirements, revise its employment policies, and be subject to monitoring and reporting requirements.

Details:

• DOJ press release (May 9, 2024).
• Settlement agreement (May 9, 2024).

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16. ABIL Global: France

A new law to control immigration entered into force on January 26, 2024.

The new law’s legislative journey and the media debate around it have been very intense over several months. Important measures like massive regularization of undocumented workers in short-staffed professions have finally been rejected by the Senate.

The legislative process has been lively: after the adoption by the Senate of a text presenting several setbacks for foreigners’ rights, a motion for prior rejection was adopted by the National Assembly. Finally, Deputies from the majority, the right wing, and the far right wing agreed on the final text, including several measures already identified as unconstitutional.

The Constitutional Council, in its decision of January 25, censored 35 articles of the law. The Constitutional Council has deemed the following measures unconstitutional:

• Migration quotas. The law planned the establishment of “quotas” to cap for the next three years the number of foreigners admitted to the country. Because this measure was considered unconstitutional by the Constitutional Council, quotas will not be implemented.
• Family reunification. The conditions for family reunification will remain the same. The extension of the duration of residence in France for more than 24 months has been deemed unconstitutional as well as the other new measures regarding family reunification.

With regard to aspects relating more to private life, the following measures deemed unconstitutional have been excluded:

• Tightening of the conditions to be met by a foreigner married to a French national to be issued with a temporary residence permit bearing the title “private and family life” for a period of one year;
• Tightening of the conditions for issuing a residence permit for reasons of study; and
• Full right issuance of a long-stay visa to British nationals who own a secondary home in France.

Legislative Changes

Measures under this new law that directly impact professional immigration include:

Talent Passport Residence Permits

“Talent Passport” residence permits change their name to “Talent” residence permits, in a simplification effort.

The following three Talent Passport residence permits all merge to a single “Talent—Qualified employee” residence permit: (1) Talent—Passport Qualified employee, (2) Talent Passport employee of an innovative company, and (3) Talent Passport intra-company. This simplification does not modify the initial conditions required for each status, but the minimum salary thresholds could change since the article refers to “a salary threshold set by decree in the Council of State,” which has not yet been published.

The following three Talent Passport residence permits will all merge into a single “Talent—Project Bearer” residence permit: (1) Talent Passport—Business Creation, (2) Talent Passport innovative economic project, and (3) Talent Passport economic investment.

The new law also creates a “Talent—medical and pharmacy professions” residence permit for doctors, midwives, dental surgeons, and pharmacists.

Regularization of Undocumented Workers in Short-Staffed Professions

The law gives prefects discretion to regularize an undocumented worker who has lived in France for at least three years; worked at least 12 months, consecutive or not, over the last 24 months; and has a job in a short-staffed profession in a specific area. This will allow the issuance of a residence permit bearing the title “temporary worker” or “employee” for a period of one year. The worker can apply without the employer’s approval.

Olympic Games 2024

The Olympic Games will take place in Paris and other cities (Marseille, Toulouse, Lille) from July 26 to August 11, 2024. The Paralympic Games will take place from August 28 to September 8, 2024.

Among measures for foreigners is the possibility for foreign students to participate in private security activities. The work time performed in these activities will not be considered in the calculation of the ancillary work time allowed for foreign students, which is 60 percent of the annual work time (i.e., around 964 hours per year).

Also, according to the French Ministry and consulates in the United States, a simplified process has been implemented for travelers for whom an accreditation request is submitted to the Olympic or Paralympic Committee, such as members of the Olympic and Paralympic Committees, athletes, accompanying persons, media, and official guests.

They can appear in any visa center to apply for a visa without an appointment; a time slot is dedicated to them every morning. They only need to provide their passport, proof of accreditation, and photos. Fingerprinting takes place as well. There are no visa fees to be paid and no visa form to be filled out before submission of the application.

Absence of Transposition of EU Blue Card Directive

On January 25, 2024, the European Commission announced adoption of a set of decisions concerning delays in the transposition of European Union (EU) Directives. France is on notice for failure to transpose the directive of October 20, 2021, relating to the European Blue Card.

States had until November 18, 2023, to adapt their internal laws to EU Directives. In France, the law of January 26, 2024 (which includes several articles related to the work of foreigners) did not include any modification of the Foreigners Code (CESEDA) for European Blue Card status.

French authorities had two months to respond and complete the transposition. Failing this, the Commission could issue a reasoned opinion and, in the absence of a response, bring the matter before the EU Court of Justice. As of May 30, 2024, there was no update regarding the transposition of the EU Blue Card Directive into French law, and the Commission had not yet issued its opinion.

The Foreigners Code (CESEDA) includes several provisions relating to the multi-year “talent, European blue card” residence card, but those are not in line with the Directive: the possibility for the foreigner to present an employment contract or a job offer of at least six months (currently 12 months); duration of the residence permit set at a minimum of 24 months (currently one year); and possible mobility to another Member State after 12 months of legal residence in the first Member State (instead of 18).

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New Publications and Items of Interest

Webinar on Farmworker Protection Final Rule: The Department of Labor (DOL) will host a public webinar on Thursday, June 6, 2024, from 1 to 2 p.m. for employers, agricultural associations, farm labor contractors, farmworkers, advocates, and others on changes to the H-2A and Wagner-Peyser Employment Service programs made by the 2024 Farmworker Protection Final Rule. Participants will hear from DOL’s Office of Foreign Labor Certification (OFLC), the Office of Workforce Investment, and the Wage and Hour Division about key aspects of the rule. The Final Rule is effective June 28, 2024. OFLC will begin accepting applications subject to the provisions of the rule on August 29, 2024. OFLC’s announcement is here (scroll to May 21, 2024).

Fact Sheet on I-9 Fine Calculations: Homeland Security Investigations has released a fact sheet for employers on fine calculations for Form I-9, Employment Eligibility Verification.

CIS Ombudsman: New features for case assistance requests. On May 9, 2024, the Citizenship and Immigration Services Ombudsman announced new features “to improve the case assistance request experience.” The new features include updates to the DHS Form 7001, Request for Case Assistance page. For example, the form is now interactive with a progress bar, sections that adapt questions based on answers, alerts for missing information, and a screen for reviewing and editing answers before submitting.

USCIS EB-5 Q&A update. U.S. Citizenship and Immigration Services (USCIS) updated its questions and answers on the EB-5 program in May 2024.

HHS final rule on DACA/noncitizen eligibility for Qualified Health Plans. Effective November 1, 2024, a final rule issued by the Department of Health and Human Services provides that Deferred Action for Childhood Arrivals recipients and certain other noncitizens will be included in the definitions of ‘”lawfully present’” that are used to determine eligibility to enroll in a Qualified Health Plan through an Exchange, for Advance Payments of the Premium Tax Credit and Cost-Sharing Reductions, or for a Basic Health Program.

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

Klasko Immigration Law Partners, LLP, has published several new blog posts: Considerations for Early-Career Scholars and EB-1B Outstanding Researcher/Professor Petitions, Digital Nomad Visa Programs: An APAC Update, and Visa Reconsideration and Fee Waiver for Applicants Impacted by Presidential Proclamation 9645.

Klasko Immigration Law Partners, LLP, has published The Immigration Considerations to Attract and Retain Remote Staff Working Abroad. In the article, Klasko attorneys Tim D’Arduini, Jordan Gonzalez, and Sarah Holler outline the numerous considerations employers must consider when putting together a global remote work policy, from visas and work authorization to tax and labor law considerations.

Charles Kuck was interviewed on NewsNation about border issues. He corrected some facts and put the blame for a broken immigration system on Congress.

Mr. Kuck was quoted by the Atlanta Journal-Constitution in In Atlanta, Long Lines of Migrants Reflect Surge at Border. Commenting on long lines at Atlanta’s U.S. Immigration and Customs Enforcement office, Mr. Kuck said, “I haven’t seen this in 25 years.”

Cyrus Mehta has authored a new blog post: Who Are the Undocumented Immigrants That Would Become Targets of Trump’s Deportation Army If He Got Reelected?

Mr. Mehta and Kaitlyn Box have authored several new blog posts: Ethical Obligations of the Public Official Lawyer Who Falsely Undermines the Criminal Justice System After Trump’s Conviction, Saving the Labor Certification for the Backlogged Beneficiary Even After the Job Has Changed, and The Much Neglected Schedule A, Group II Green Card Option Gets a Boost After USCIS Broadens the Sciences and Arts Definition.

David Isaacson, of Cyrus D. Mehta & Associates, PLLC, has authored a new blog post: Harrow v. Department of Defense and What it Means for Immigration Cases: The 30-Day Time Limit for Filing a Petition for Review Is Still Very Important, But Probably Not Jurisdictional Anymore.

Stephen Yale-Loehr and another professor at Cornell Law School have secured a $1.5 million grant from Bay Area humanitarian foundation Crankstart to fund Path2Papers, an innovative nonprofit that provides legal assistance to Deferred Action for Childhood Arrivals (DACA) recipients and DACA-eligible individuals. Based at Cornell Law, Path2Papers offers legal consultations and guidance to DACA-eligible San Francisco Bay-area residents and Cornell students, the Cornell Daily Sun explained. “Path2Papers’ ties to Cornell extend even further. The programs legal team is composed of five lawyers, three of whom are Cornell alumni. It will also be the focus of Cornell Law’s 1L Immigration Law and Advocacy Clinic.” Mr. Yale-Loehr said that DACA’s precarity highlights the importance of Path2Papers’ work. “The DACA program could be terminated by the courts or [a] new administration, [and] many DACA recipients don’t know if they’ll have legal residency options.” Path2Papers has already yielded results, the Daily Sun noted. “Since the program’s launch in January, over 130 DACA or DACA-eligible individuals and employers have registered for a consultation, 50 percent of whom—the Path2Papers’ team has found—are potentially eligible for a work-related visa or green card.”

Mr. Yale-Loehr authored an op-ed, Commentary: A Match Made in New York: Job Openings and Immigrants, published by the Albany, NY Times Union. The article discusses New York’s population outmigration and plethora of job openings and recommends ways to remove obstacles so immigrants can fill them.

Mr. Yale-Loehr was quoted by Univision in Biden’s New Asylum Rule Submitted for Public Comment: These are the Keys. The article (in Spanish, with English translation available) discusses a new proposed rule to allow asylum officers to consider the possible applicability of certain asylum prohibitions and legal withholding of removal during certain credible fear assessments. The measure will be “challenged in courts of law,” Mr. Yale-Loehr said, noting that it is “much more limited than previous ideas that were proposed, such as an executive action that prevents certain people from even entering the United States.” He said the prohibitions authorized during the initial credible fear evaluation stage “will be the subject of a judicial dispute.”

Mr. Yale-Loehr was quoted by Voice of America in Biden Proposal Would Target Some Migrants for Quicker Denial of Asylum. He said the Biden administration is between “a rock and a hard place” and that “the public is demanding immigration changes. The Biden administration seems damned if it tries to do anything to resolve the border crisis and damned if it doesn’t.”

Mr. Yale-Loehr was quoted by Marketplace Morning Report in Biden Administration Rule Will Give DACA Recipients Access to Federal Health Insurance for the First Time. He noted that there are about 600,000 DACA recipients living in the United States now. “The new rule estimates that about 100,000 of them are currently uninsured and can qualify for this kind of health insurance through the Affordable Care Act because of the relatively low incomes they are earning.”

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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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