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:
October 2024 DOL Updates on PERM and PWD Processing Times
As of October 15, 2024, the U.S. Department of Labor (DOL) is conducting analyst reviews for PERM applications submitted in August 2023 or earlier. Audited cases are being processed with priority dates of December 2022 or earlier, while standard reconsideration requests filed in April 2023 or earlier are under review.
Regarding prevailing wage determinations (PWDs), the DOL is currently issuing PWDs for PERM prevailing wage requests submitted in April 2024 (for Occupational Employment Statistics - OES) and May 2024 (for non-OES), along with H-1B prevailing wage requests filed in April 2024 (both OES and non-OES). The agency is also processing PERM and H-1B prevailing wage redetermination requests submitted in June 2024. Additionally, the DOL is handling PERM Center Director reviews requested in October 2023 and H-1B Center Director reviews requested in January 2024.
Reminder: Diversity Visa Lottery Program for FY 2026 expires on 5th November 2024
The Diversity Visa (DV) Lottery for FY 2026, offering 55,000 green cards, is open for applications until November 5, 2024. This program allows nationals from countries with historically low U.S. immigration rates to apply for permanent residency. Applicants can submit their entries on the official DV lottery website, where they will find detailed instructions and photo requirements.
Eligibility is based on the applicant's country of birth, with possible exceptions for spouses or parents born in qualifying countries. Applicants must also meet education or work experience criteria. Winners, chosen via a random selection, will be announced starting May 3, 2025.
The application is free, but selected individuals must pay a visa fee if invited for an interview. For further details, visit the official DV lottery website.
Using Dropbox for Visa Renewal: Eligibility and Process Explained
The “Dropbox” for visa renewal refers to the Interview Waiver Program (IWP) offered by the U.S. Department of State. This program allows certain visa applicants to renew their visas without having to attend an in-person interview at a U.S. consulate or embassy. The term “Dropbox” comes from the process where eligible applicants can drop off their documents at a designated location instead of appearing for an interview.
Eligibility for Dropbox (Interview Waiver Program)
To qualify for the Dropbox or interview waiver, applicants must meet certain criteria, which can vary by country. However, common eligibility requirements include:
- Previous Visa Issued: The applicant must be renewing a visa that is in the same category as the one previously issued. For example, if you have an H-1B visa, you can use the Dropbox for an H-1B renewal.
- Recent Visa Expiration: In most cases, the previous visa must have expired within a specific timeframe. This is usually within the last 48 months, though it can vary based on the country where you're applying.
- Same Visa Category: The renewal must be for the same visa category as the previous one. Applicants changing visa categories would likely need to attend an interview.
- No Prior Refusals: Generally, the previous visa application should not have been refused (unless the refusal was overcome).
- No Changes in Eligibility: There should not have been significant changes to the applicant's circumstances that could affect eligibility for the visa category.
- Age Considerations: Certain age groups (children under 14 and seniors over 79) may automatically qualify for the interview waiver, even if they are not renewing a visa.
Process for Dropbox Submission:
- Complete the DS-160: Fill out the non-immigrant visa application form (DS-160) online.
- Pay the Visa Fee: Ensure that the visa application fee is paid and recorded.
- Check Eligibility: Answer a series of questions on the U.S. consulate's website to confirm eligibility for the Dropbox.
- Gather Required Documents: This may include the DS-160 confirmation page, visa fee receipt, current and previous passports, and any other supporting documents.
- Drop Off Documents: Submit the documents at a designated Dropbox location specified by the consulate.
Important Note
Eligibility requirements can differ by country, and rules may change. It is always a good idea to check the specific U.S. consulate or embassy website where you are applying to confirm eligibility and understand the process.
DHS Grants Temporary Protections to Lebanese Nationals in the U.S.
On October 17, 2024, the U.S. Department of Homeland Security (DHS) announced new measures to offer temporary protections to eligible Lebanese nationals in the United States. These include Deferred Enforced Departure (DED) and a new Temporary Protected Status (TPS) designation for Lebanon, providing work authorization and temporary relief from deportation.
The TPS designation, valid for 18 months, allows Lebanese nationals who have been in the U.S. since October 16, 2024, to apply for TPS, citing ongoing armed conflict and instability in Lebanon. Applications for TPS can be submitted once the Federal Register publishes further guidance.
Additionally, Lebanese nationals covered by President Biden's DED directive can now apply for Employment Authorization Documents (EADs), valid through January 25, 2026. DHS also issued a Special Student Relief Notice for Lebanese F-1 students, enabling them to work more hours and reduce course loads while maintaining their status.
Approximately 11,000 Lebanese nationals and 1,740 F-1 students may benefit from these protections. Further details can be found on the USCIS website.
Immigration Under Mr. Trump if Re-Elected: Potential Policies and Impacts on Undocumented Immigrants
If former President Donald Trump is re-elected, his administration could implement stricter immigration policies, similar to or even more stringent than those seen during his previous term. Potential actions affecting undocumented immigrants in the U.S. may include:
- Increased Deportations: Trump's previous administration focused on enhancing deportations of undocumented immigrants, especially those with criminal records. A re-election could mean a return to aggressive enforcement, including more raids by Immigration and Customs Enforcement (ICE) and expedited removals.
- Stricter Border Control Measures: Trump might continue his focus on border security, potentially expanding barriers at the U.S.-Mexico border and increasing surveillance. This could lead to more stringent checks and a crackdown on illegal border crossings, affecting those trying to enter or re-enter the U.S.
- Reviving or Strengthening the “Remain in Mexico” Policy: The “Migrant Protection Protocols” (MPP), also known as the “Remain in Mexico” policy, required asylum seekers to wait in Mexico while their U.S. asylum cases were processed. Trump could revive or expand this program, which may limit the ability of asylum seekers to remain in the U.S. while their cases are pending.
- Reinforcing Public Charge Rule: Under Trump's administration, there was an effort to deny green cards to immigrants deemed likely to use public benefits, known as the “public charge” rule. This could be reinstated or made stricter, impacting not only undocumented immigrants but also those seeking legal residency.
- Increased Legal Barriers and Limitations on Asylum: Trump's previous term saw various restrictions on asylum claims, including narrowing the eligibility criteria and fast-tracking deportation processes. He could introduce more regulations to further limit asylum applications, especially for those who have entered the U.S. illegally.
- Ending DACA and Limiting TPS: Although the Deferred Action for Childhood Arrivals (DACA) program was not fully terminated during Trump's first term due to court rulings, he sought to end it. A re-election might see renewed attempts to dismantle DACA, affecting hundreds of thousands of undocumented individuals who arrived in the U.S. as children. Similarly, protections like Temporary Protected Status (TPS) could be further limited or ended for certain nationalities.
- Increased Cooperation with Local Law Enforcement: The Trump administration encouraged local law enforcement to cooperate with federal immigration authorities through programs like 287(g). If re-elected, this collaboration could be expanded, leading to more detentions and deportations of undocumented immigrants.
- Revoking Birthright Citizenship: Although it would be legally challenging, Trump has expressed interest in ending birthright citizenship (the right of anyone born on U.S. soil to automatically acquire citizenship). While unlikely to pass easily, renewed efforts could increase uncertainty for immigrant families.
- Limited Legal Immigration Pathways: Trump could introduce policies that make it harder for immigrants to secure visas, green cards, or citizenship, affecting undocumented immigrants seeking legal status. Policies such as family-based migration, diversity visas, and H-1B visas might face further restrictions.
These potential changes could significantly impact the lives of undocumented immigrants, leading to heightened enforcement, stricter regulations, and reduced opportunities for legal residency. However, the extent of these measures would depend on Congressional support, legal challenges, and the specifics of future policies.
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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