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:

EB-1 Immigrant Visa Category Unavailable Through September 30 After Reaching Annual Limit for FY 2024

The U.S. Department of State has announced that the EB-1 immigrant visa category has reached its annual limit for FY 2024, making it unavailable until September 30, 2024. As a result, U.S. embassies and consulates cannot issue immigrant visas, and USCIS cannot approve adjustment of status applications for EB-1 visas until the new fiscal year begins on October 1, 2024. This situation underscores the high demand for employment-based visas, as seen with other categories like EB-3 and EB-5 also becoming unavailable earlier. The State Department anticipates that visa availability and Final Action Dates will likely advance in the new fiscal year, depending on actual demand.

USCIS Issues Update Following Administrative Stay in "Keeping Families Together" Case

A federal judge in the Eastern District of Texas has issued a 14-day administrative stay, temporarily halting the approval of the Keeping Families Together parole process. While this order prevents the federal government from granting parole during this period, applications can still be submitted. The stay coincides with a motion to intervene filed by the Justice Action Center and Make the Road New York on behalf of impacted families, aiming to ensure their voices are heard in the ongoing legal battle. The decision has sparked concern among advocates who argue that the process is crucial for keeping families united.

In the wake of the foregoing administrative stay issued by a district court, the U.S. Citizenship and Immigration Services (USCIS) has provided critical updates concerning the "Keeping Families Together" initiative. The stay, which temporarily halts the granting of humanitarian parole in place under this initiative, has prompted USCIS to clarify its procedures and ensure that affected individuals are informed about the next steps.

Biometric Appointments Continue as Scheduled:

USCIS emphasized that, despite the administrative stay, biometric appointments will proceed as planned. All individuals who have received notices for biometric appointments are required to attend their appointments on the specified date, time, and location indicated on their notice. USCIS urged individuals not to show up on a different date unless they have successfully rescheduled their appointment.

In cases where individuals were turned away from their scheduled biometric appointment at an Application Support Center (ASC), USCIS assured that their appointments would be rescheduled. Those affected should expect to receive a new appointment notice with updated details.

Impact of the Administrative Stay:

The district court's administrative stay order, which was issued at 6:46 p.m. Eastern Time on August 26, 2024, specifically prevents USCIS from granting humanitarian parole in place under the "Keeping Families Together" program moving forward. However, the agency clarified that any applications approved before the stay order was issued remain unaffected. This means that individuals whose applications were approved prior to the stay can continue with their immigration processes without interruption.

Next Steps for Affected Individuals:

USCIS is closely monitoring the situation and will continue to provide updates as new information becomes available. Affected individuals and their families are encouraged to stay informed by regularly checking the USCIS website and contacting legal counsel for personalized advice. Those involved in the "Keeping Families Together" program should be particularly vigilant in attending their scheduled appointments and following USCIS instructions.

BIA Upholds Removal Based on Attempted Child Abuse Conviction

In the Matter of D. Rodriguez, the Board of Immigration Appeals ruled that a conviction for attempted injury to a child under Texas law qualifies as a removable offense for child abuse under the Immigration and Nationality Act. The respondent argued that attempts should not be considered crimes of child abuse since they are not explicitly mentioned in the law. However, the BIA rejected this argument, affirming that attempts can be categorized as child abuse if there is a sufficient likelihood of harm.

USCIS Updates Guidance for F/M Nonimmigrant Student Classification

USCIS has updated its guidance regarding nonimmigrant students in the F and M visa categories. Key changes include clarifications on online study, school transfers, grace periods, and eligibility for optional practical training (OPT). Notably, students can now count online classes toward their full course of study and transfer between SEVP-certified schools more flexibly. The new guidance also updates the rules for STEM OPT extensions and allows students to maintain active status during study abroad programs lasting less than five months. These updates are effective immediately and apply to all pending and new requests.

Navigating OPT and STEM OPT Extensions: Critical Timelines and Cautionary Advice for F-1 Students

Understanding OPT and STEM OPT Extensions:

For international students on F-1 visas, Optional Practical Training (OPT) provides an invaluable opportunity to gain practical experience in their field of study in the United States. The initial OPT period allows up to 12 months of employment authorization, and for students in STEM (Science, Technology, Engineering, and Mathematics) fields, a further 24-month STEM OPT extension is available. Knowing when to apply for these extensions is crucial to maintain your status and ensure a smooth transition from academic study to professional work.

When to Apply for OPT and STEM OPT Extensions:

Initial OPT

You should apply for OPT up to 90 days before completing your academic program and no later than 60 days after your program end date. The earliest you can apply is 90 days before your program end date. This timing allows for processing and minimizes any gaps between your graduation and the start of your employment.

STEM OPT Extension

If you are eligible for the STEM OPT extension, apply within 90 days before your initial OPT period ends. It is crucial to ensure your application reaches USCIS before your OPT expires to avoid any unauthorized work periods.

The Risks of Falling for Fraudulent Employers:

The period after completing your studies can be stressful, especially when faced with the pressure of finding employment within the 90-day unemployment window allowed under OPT. Unfortunately, some students, in their desperation, fall prey to fraudulent companies that offer unpaid job opportunities. These companies might present themselves as a lifeline, providing an employment verification letter to maintain legal status. However, these seemingly easy solutions can have dire consequences.

How Students Unknowingly Fall into the Trap of Fraudulent Employers:

Although unpaid work may be permissible during the initial OPT period, this is generally not allowed during the STEM OPT extension. Over the years, some unscrupulous “employers” have preyed on F-1 students on OPT and STEM OPT who find themselves in a bind, needing a qualifying employer to avoid exceeding the unemployment limits. These companies often charge a hefty upfront fee for "training" and promise lucrative job opportunities that never materialize. The only thing these companies provide is an employment verification letter, which on paper, makes it seem like the student is compliant with OPT/STEM OPT requirements.

Consequences of Employment by Fraudulent Companies:

USCIS and other immigration authorities are increasingly scrutinizing employment history when reviewing applications for status changes, such as from F-1 to H-1B. Being associated with a fraudulent employer can result in severe penalties, including denial of future visa applications, inadmissibility, and even deportation. In some cases, foreign nationals have been denied entry to the U.S. or issued an expedited removal order upon arrival due to their previous association with such employers.

Warning Signs of Potentially Fraudulent Employers:

To protect yourself, be vigilant and look out for the following red flags:

• The job is unpaid.
• The only “work” involves online training without real, hands-on experience.
• The company acts as a staffing agency and demands payment for services.
• The employer asks you to pay for an offer letter.
• Your residence is outside of a normal commuting distance, or you are located out of state.
• Google reviews or online chat boards indicate that the company has been a bad actor in the past, specifically offering OPT employment letters with discussions on how easy it is to obtain these letters.

If you encounter any of these situations, consult your Designated School Official (DSO) or an immigration attorney before accepting any offer. Remember, maintaining your status by any means necessary is not worth the potential long-term consequences.

This expanded list adds another layer of caution for students, emphasizing the importance of thoroughly researching any potential employer.

Final Thoughts:

Navigating the complexities of OPT and STEM OPT can be challenging, but staying informed and cautious will help ensure your success. Adhering to the application timelines and being wary of fraudulent employers are key steps in safeguarding your immigration status and future career in the United States.

Stay vigilant, and when in doubt, seek professional guidance to avoid pitfalls that could jeopardize your future in the U.S.

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.