Author: Lisa York

On Monday, October 14, 2024, USCIS provided additional guidance on the criteria used to adjudicate international travel applications (Advance Parole). USCIS clarified that travel-related expedite requests can be made in situations where USCIS processing times prevent timely adjudication and approval of the requested travel documents. USCIS indicated that, as long as the applicant timely filed their travel application, they will consider expedite requests in situations where there is a pressing or critical need to travel outside the United States for planned events such as work or professional commitments (including meetings, conferences, forums, seminars, or training), academic commitments (such as a study abroad program, research trip, forum, seminar, conference or practicum), or personal commitments (such as a wedding or graduation).

Without providing much notice, USCIS released a new Form I-131 on Friday, October 11, 2024.  Because there are major changes to the form, USCIS has announced that it will not accept the old edition of Form I-131 (April 1, 2024) on or after October 11, 2024.  We are hoping that USCIS provides some flexibility in accepting the prior edition of Form I-131 for a little while, but there is no guarantee that USCIS will accept the old version. The best advice is to submit the new edition of the form.

On Tuesday, June 18, 2024, the Biden Administration announced that DACA Recipients and other Dreamers who have earned a degree at an accredited U.S. institution of higher education and have an offer of employment from a U.S. employer in a field related to their degree will have an easier path to a U.S. work visa.  

The Biden administration stated, “Recognizing that it is in our national interest to ensure that individuals who are educated in the U.S. are able to use their skills and education to benefit our country, the Administration is taking action to facilitate the employment visa process for those who have graduated from college and have a high-skilled job offer, including DACA recipients and other Dreamers.”

Stay tuned!  There will be more information soon about these opportunities for Dreamers!

On Tuesday, June 18, 2024, the Biden Administration announced that the Department of Homeland Security (DHS) will allow certain noncitizen spouses & children of U.S. citizens to apply for a green card without having to leave the U.S.  if they have lived in the U.S. for 10 years or longer, do not pose a threat to public safety or national security, are otherwise eligible to obtain a green card in the U.S. and merit a favorable exercise of discretion.  DHS estimates that approximately 500,000 people who, on average, have lived in the U.S. for 23 years, could benefit from this process. 

To be considered on a case-by-case basis for this process, an individual must:  

• Be present in the United States without admission or parole;

• Have been continuously present in the United States for at least 10 years as of June 17, 2024; and

• Have a legally valid marriage to a U.S. citizen as of June 17, 2024.

In addition, individuals must have no disqualifying criminal history or otherwise constitute a threat to national security or public safety and should otherwise merit a favorable exercise of discretion. Noncitizen children of potential requestors may also be considered for parole under this process if they are physically present in the United States without admission or parole and have a qualifying stepchild relationship with a U.S. citizen as of June 17, 2024.

Upon receipt of a properly filed parole-in-place request, USCIS will determine on a case-by-case basis whether a grant of parole is warranted and whether the applicant merits a favorable exercise of discretion. All requests will take into consideration the potential requestor’s previous immigration history, criminal history, the results of background checks and national security and public safety vetting, and any other relevant information available to or requested by USCIS. USCIS has strong processes in place to identify and address potential fraud, which will be applied here to ensure the integrity of this program.

Stay tuned!  There will be more information soon about this new process!

On June 4, 2024, President Biden issued a Presidential Proclamation that went into immediate effect at the border.  The order severely limits an individual’s ability to claim asylum at the border.  Asylum grants individuals the right to stay in the U.S. based on fear of persecution at home because of one’s race, nationality, political opinion, membership in a particular social group, or religious beliefs. The Presidential Proclamation allows the U.S. government to refuse to accept asylum claims from people arriving at the border during any period of time when there has been an average of more than 2,500 people encountered at the border over a 7-day period.  The asylum ban remains in place until 14 days after another 7-day period in which the average number of encounters at the border falls below 1,500.   Given these metrics, it is likely that the ban on applying for asylum at the border will last for a long time and possibly be an indefinite ban.  There will be legal challenges asserting that this Proclamation violates U.S. and international asylum law. 

The U.S. Department of State predicts that heavy demand for immigrant visas this fiscal year will cause additional backlogs in the worldwide (including Mexico and Philippines) employment-based 1st and 3rd preference categories starting in July 2024. For June 2024, the employment-based worldwide, Mexico and Philippines 1st preference categories are current (meaning no waitlist for immigrant visas); while the employment-based worldwide, Mexico and Philippines 3rd preference categories have cut-off dates of November 22, 2022 (meaning that only intending immigrants with a priority date earlier than November 22, 2022, can proceed with their immigrant visa applications). There are at least 140,000 employment-based immigrant visas available each fiscal year. The U.S. Department of State uses complicated statistical modeling to try and allocate all available visas throughout the fiscal year by monitoring usage monthly. If usage is heavy during the fiscal year, there are often backlogs in visa categories over the summer. Once the new fiscal year starts on October 1st and the next round of immigrant visas becomes available, those backlogs often (but not always) clear out.

This afternoon, USCIS announced that it had finished the process of notifying the winners of the H-1B Visa Lottery. All those “selected” to proceed, must file their H-1B petitions by June 30, 2024. Later in the summer, if USCIS determines that there are still H-1B visas available for this fiscal year, USCIS will initiate another round of “selections.”

USCIS’ new fees, forms and filing locations will be effective starting on Monday, April 1, 2024. On March 29, 2024, the U.S. District Court for the District of Colorado denied the Plaintiffs’ request to stop the new fees from going into effect, stating that the Plaintiffs’ failed to meet their burden of proof. (Moody, et. al. v. Mayorkas, et al. (Case No. 1:24-cv-00762, 3/19/24)).

The H-1B Cap Registration period closed on Monday, March 25, 2024, at 12 noon ET. USCIS has announced that it has run the lottery and notifications are being sent to myUSCIS accounts and will continue to be sent for the next few days. USCIS will make an official announcement once all the selection notices have been sent. Those that have been selected in the initial round of selections will have until June 30, 2024, to file their H-1B petitions. USCIS will then evaluate whether another round of selections will be made depending on how many of the 85,000 (65,000 for the Bachelor’s Cap and 20,000 for the U.S. Advanced Degree Cap) H-1B visas have been used. It seems like USCIS is taking a bit longer to send out all the selection notices this year, likely because of enhanced system checks for duplicate beneficiary registrations.

On March 19, 2024, the American Immigrant Investor Alliance, IT Service Alliance, and an EB-5 investor filed a lawsuit in the U.S. District Court for the District of Colorado challenging the legality of the new USCIS final fee rule, scheduled to take effect on April 1, 2024.  (Moody, et al. v. Mayorkas, et al., 3/19/24).  The District Court of Colorado may issue an order this week that stops the new fee rule from going into effect on April 1, 2024.  If so, USCIS would likely continue to accept the current filing fees and forms until the Court decides on the legality of the new fee rule.  Stay tuned, it’s going to be an exciting week!