Dear Clients and Colleagues,

We hope this newsletter finds you well. In this edition, we bring you important updates on various immigration matters. Please take a moment to review the following key highlights:

USCIS to Conduct Second Lottery for FY2025 H-1B CAP Cases

This morning, the U.S. Citizenship and Immigration Services (USCIS) announced that it will soon hold a second lottery for fiscal year 2025. This additional lottery aims to select more H1B registrations from those submitted in March 2024. The USCIS emphasized that while the master's CAP has been reached, this second lottery will focus exclusively on the regular CAP.

Following the procedures of the first lottery, individuals with selected registrations will have their myUSCIS accounts updated with a selection notice. USCIS has not yet disclosed the number of additional registrations to be selected or the exact timing of the second lottery.

USCIS to Begin Triennial Investment and Revenue Threshold Updates for International Entrepreneur Rule

Effective October 1, 2024, the U.S. Citizenship and Immigration Services (USCIS) will increase the investment and revenue thresholds under the International Entrepreneur Rule, as mandated to adjust every three years. Despite these changes, the application fee will remain unchanged.

Background:

The International Entrepreneur Rule, introduced in 2017, provides a framework for the Department of Homeland Security (DHS) to grant periods of authorized stay to noncitizen entrepreneurs whose startup entities demonstrate significant potential for rapid growth and job creation. These entrepreneurs, if granted parole, are authorized to work for their startup entities. Additionally, their spouses, if also granted parole, are eligible to apply for employment authorization in the United States.

USCIS has recently updated the FAQs regarding the International Entrepreneur Rule, highlighting the absence of any backlog and a commitment to adjudicating new applications promptly.

Key Changes:

The final International Entrepreneur Rule requires USCIS to adjust the investment and revenue thresholds in 8 CFR 212.19 for inflation every three years. The upcoming adjustments, effective October 1, 2024, include:

1. Initial Application Requirements

Entrepreneurs must show their startup entity's potential for rapid growth and job creation by demonstrating:

• At least $311,071 (previously $264,147) in qualified investments from qualifying investors.
• At least $124,429 (previously $105,659) in qualified government awards or grants.
• Alternative reliable and compelling evidence of the startup entity's potential if the investment or award criteria are only partially met.

2. Second Period of Authorized Stay

The entrepreneur must demonstrate that the startup entity has either:

• Received at least $622,142 (previously $528,293) in qualified investment or government grants.
• Created at least five qualified jobs.
• Achieved annual revenue of at least $622,142 (previously $528,293) with an average annual revenue growth of at least 20%.

3. Qualified Investor Definition

Investors must have a history of substantial investment in successful startup entities. This includes:

• Making investments totaling at least $746,571 (previously $633,952) in startup entities in exchange for equity or convertible debt.
• Having at least two startup entities, post-investment, each create at least five qualified jobs or generate at least $622,142 (previously $528,293) in revenue with an average annualized revenue growth of at least 20%.

DHS will publish the adjusted dollar amounts in a final rule on July 25, 2024, with the changes taking effect on October 1, 2024. The application fee will not change at this time.

Navigating PERM Recruitment in a Challenging Economy: Key Strategies for Success

In today's volatile economic landscape, successfully navigating the Program Electronic Review Management (PERM) labor certification process can be particularly challenging for employers. The PERM process, which requires employers to prove that there are no qualified U.S. workers available for a particular job before hiring a foreign worker, involves a meticulous recruitment process. Here are key strategies to help employers successfully navigate the recruitment of U.S. workers in a bad economy.

Understand the Economic Context:

In a struggling economy, the number of job seekers increases, making the recruitment process more competitive. Employers must be prepared for an influx of applications, many of which may not meet the minimum requirements for the position. Clear and precise job advertisements are crucial to filtering out unqualified candidates early in the process.

Craft Detailed and Accurate Job Descriptions:

A detailed and accurate job description is essential. This description should include specific qualifications, experience, and skills required for the position. By setting clear expectations, employers can reduce the number of unqualified applicants and ensure that only those who meet the criteria apply. This step not only streamlines the recruitment process but also strengthens the case that no qualified U.S. workers are available.

Conduct Thorough and Compliant Recruitment:

Compliance with PERM regulations is non-negotiable. Employers must adhere to the recruitment guidelines set by the Department of Labor (DOL), including posting job advertisements in mandatory locations and documenting all recruitment efforts. This includes advertising in newspapers, online job boards, and other media as required. Keeping detailed records of each step of the recruitment process is vital to demonstrate compliance.

Screen Candidates Effectively:

With a potentially high volume of applicants, effective screening processes are essential. Employers should use standardized methods to evaluate candidates' qualifications objectively. This includes using checklists, rating scales, and other tools to ensure that the evaluation is consistent and unbiased. Documentation of the screening process and the reasons for rejecting candidates is crucial for the PERM audit process.

Be Prepared for Audits:

The DOL can audit PERM applications, and having thorough documentation is key to passing an audit. Employers should maintain detailed records of job advertisements, resumes received, interview notes, and reasons for rejection of each candidate. Being proactive in maintaining these records will facilitate a smoother audit process if one occurs.

Engage Expert Legal Counsel:

Navigating the PERM process in a challenging economy requires expertise and precision. Engaging an experienced immigration attorney can provide invaluable guidance. Legal counsel can help ensure compliance with all regulatory requirements, assist in crafting job descriptions, and advise on best practices for documentation and audit preparation.

Utilize Technology:

Employers can leverage technology to manage the recruitment process more efficiently. Applicant tracking systems (ATS) can help organize applications, track communication with candidates, and ensure that all steps of the recruitment process are documented. Technology can also aid in creating a more streamlined and transparent process for both employers and candidates.

Focus on Retention Strategies:

While the primary goal of PERM recruitment is to prove the unavailability of qualified U.S. workers, focusing on retention strategies for current employees can also be beneficial. Investing in training and development programs can help existing employees acquire the skills needed for hard-to-fill positions, potentially reducing the need for foreign hires in the future.

Stay Updated on Policy Changes:

Immigration policies and economic conditions can change rapidly. Staying informed about the latest developments in immigration law and labor market trends is essential. Employers should regularly review updates from the DOL and other relevant agencies to ensure compliance with current regulations and adjust their strategies accordingly.

By understanding the economic context, crafting detailed job descriptions, conducting thorough and compliant recruitment, and leveraging expert legal counsel and technology, employers can successfully navigate the PERM recruitment process even in a challenging economy. These strategies will help demonstrate compliance with DOL requirements and support a successful outcome in hiring the best talent for their needs.

President Biden Announces Deferred Enforced Departure for Lebanese Nationals

Today, President Joe Biden announced the implementation of Deferred Enforced Departure (DED) for Lebanese nationals residing in the United States. This measure provides temporary relief from deportation and allows eligible Lebanese nationals to apply for work authorization, ensuring they can remain and work legally in the U.S. during this period.

The decision comes in response to the ongoing economic and political instability in Lebanon, which has created challenging conditions for its citizens. President Biden emphasized the U.S.'s commitment to providing humanitarian assistance and support to those affected by crises worldwide.

The specifics of eligibility and application processes for DED will be outlined by the Department of Homeland Security (DHS) in the coming days. This announcement aims to offer immediate support and stability to the Lebanese community in the United States during these uncertain times.

For further details, please Click here

We hope you find this information valuable. If you have any questions or require legal assistance related to any of these updates, please don't hesitate to contact us. We are here to help.

Sincerely,

Keshab Raj Seadie, Esq.
Law Offices of Keshab Raj Seadie, P.C.

Disclaimer: This newsletter is intended for informational purposes only and does not constitute legal advice. Always consult an attorney for personalized advice.