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:
November 2024 Visa Bulletin: No Changes in Employment-Based Immigrant Visa Availability; USCIS Continues to Accept Dates for Filing
The U.S. Department of State has released the November 2024 Visa Bulletin, showing that the Final Action dates for employment-based immigrant visas remain unchanged. Here are the key details:
- EB-1: China stays at November 8, 2022, and India at February 1, 2022. All other countries remain current.
- EB-2: China continues at March 22, 2020, and India at July 15, 2012. All other nations are set at March 15, 2023.
- EB-3 Professionals and Skilled Workers: China holds at April 1, 2020, India at November 1, 2012, and other countries at November 15, 2022.
- EB-3 Other Workers: China stays at January 1, 2017, and India at November 1, 2012, with other countries remaining at December 1, 2020.
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EB-5: In the EB-5 Unreserved categories (C5, T5, I5, R5), China remains at July 15, 2016, and India at January 1, 2022. Other nations are current. The EB-5 set-aside categories (Rural, High Unemployment, Infrastructure) remain current for all.
USCIS will continue to use the Dates for Filing chart for accepting adjustment of status applications in November. The Dates for Filing have not changed from October. The full list of November Dates for Filing please Click here
USCIS Issues Updated Guidance on Expedite Requests
U.S. Citizenship and Immigration Services (USCIS) has clarified its policy on expedite requests, specifically those involving government interests and urgent situations, including travel-related needs. The new guidance is effective immediately and replaces any previous related instructions.
Key Clarifications:
- Government Interests: USCIS may expedite cases deemed urgent by U.S. federal, state, tribal, territorial, or local government agencies. These cases could involve issues of public interest, safety, national security, or national interest. When a federal agency requests an expedite based on government interests, USCIS generally defers to that agency's assessment.
- Travel-Related Expedite Requests: USCIS processes various travel documents, including Form I-131 for travel permits and parole. The updated guidance states that expedite requests may be considered for individuals who need to travel urgently, whether for unplanned or planned events, including professional, academic, or personal commitments. For planned events, USCIS will assess whether:
- The applicant submitted Form I-131 in a timely manner.
- Processing times would hinder the issuance of the travel document before the intended departure date.
- Submitting and Processing Expedite Requests: The guidance details how applicants can submit expedite requests, including using USCIS online tools with secure messaging to provide evidence. Those making requests through the USCIS Contact Center will be notified once a decision on their expedite request is made.
USCIS Updates Guidance on International Entrepreneur Rule
U.S. Citizenship and Immigration Services (USCIS) has updated its Policy Manual to provide clearer guidance on the International Entrepreneur Rule (IER). The revisions address the required triennial adjustments to investment, revenue, and other thresholds, as well as the process for arranging biometrics appointments for certain applicants.
Key Updates:
- Triennial Adjustments: The updated guidance incorporates the changes outlined in the International Entrepreneur Program: Fiscal Year 2025 Automatic Increase of Investment and Revenue Amount Requirements Final Rule, published in July 2024. This rule establishes automatic adjustments to the investment, award, grant, and revenue thresholds for IER applicants. The new amounts are effective from October 1, 2024, and apply to requests filed on or after this date.
- Biometrics Coordination: USCIS clarified that it will generally work with the U.S. Department of State to coordinate biometrics appointments for conditionally approved applicants under IER who are outside the United States or choose to receive their parole documentation at a U.S. embassy or consulate.
These changes, effective immediately, are reflected in Volume 3 of the USCIS Policy Manual. For more information, applicants can refer to the updated guidance on the USCIS website.
DHS Announces Temporary Immigration Protections for Lebanese Nationals in the U.S.
- New TPS Designation: DHS Secretary Mayorkas has announced an 18-month TPS designation for Lebanon due to the ongoing armed conflict and temporary conditions that make it unsafe for Lebanese nationals to return. Those who have been continuously residing in the U.S. since October 16, 2024, may apply for TPS. However, Lebanese nationals who arrived after this date are not eligible. More information on how to apply for TPS will be provided in an upcoming Federal Register Notice.
- Deferred Enforced Departure (DED): Following President Biden's July 26, 2024 announcement, eligible Lebanese nationals can now apply for Employment Authorization Documents (EADs) under DED, valid through January 25, 2026. Applications are filed using Form I-765, and each case is reviewed individually by USCIS.
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Special Student Relief for F-1 Students: DHS is also providing Special Student Relief for Lebanese F-1 nonimmigrant students. Eligible students may request work authorization, work more hours during school sessions, and reduce their course loads while maintaining F-1 status during the DED period.
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.
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