Immigration Update

Mar 13, 2024 | Immigration Updates

In this edition, find the latest news on H-2B Cap, Visa Final Action Dates, H-1B Registration, and much more!

USCIS Reaches H-2B Cap for Second Half of FY 2024, Announces Filing Dates for Supplemental Visas

U.S. Citizenship and Immigration Services (USCIS) announced on March 8, 2024, that it has received enough petitions to meet the H-2B cap for the second half of fiscal year (FY) 2024, which ends September 30, 2024. USCIS also announced the filing dates for supplemental H-2B visas for the remainder of FY 2024 made available under the FY 2024 H-2B supplemental visa temporary final rule.

March 7, 2024, was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date on or after April 1, 2024, and before October 1, 2024. USCIS said it is rejecting new cap-subject H-2B petitions received after March 7, 2024, that request an employment start date within that range.

USCIS said it continues to accept H-2B petitions that are exempt from the congressionally mandated cap. This includes petitions for:

  • Current H-2B workers in the United States who wish to extend their stay and, if applicable, change the terms of their employment or change their employers;
  • Fish roe processors, fish roe technicians and/or supervisors of fish roe processing; and
  • Workers performing labor or services in the Commonwealth of the Northern Mariana Islands and/or Guam (until December 31, 2029).

Below are the filing start dates for each of the remaining supplemental visa allocations under the rule:

  • For employers seeking workers who are nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica, regardless of whether such nationals are returning workers: USCIS will begin accepting petitions for employers requesting an employment start date from April 1, 2024, to September 30, 2024, on March 22, 2024.
  • For employers seeking returning workers for the early second half of FY 2024 (April 1 to May 14): USCIS will begin accepting petitions for the additional 19,000 visas made available to returning workers regardless of country of nationality on March 22, 2024.
  • For employers seeking returning workers for the late second half of FY 2024 (May 15 to September 30): USCIS will begin accepting petitions for the additional 5,000 visas made available to returning workers regardless of country of nationality on April 22, 2024.

USCIS said it will stop accepting petitions under the temporary final rule received after September 16, 2024, or after the applicable cap has been reached, whichever occurs first.

USCIS previously announced that it received enough petitions to reach the cap for the additional 20,716 H-2B visas made available for returning workers for the first half of FY 2024 with employment start dates on or before March 31, 2024.

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Visa Final Action Dates Advance in April, Non-Minister Religious Workers Category Set to Expire

The Department of State’s Visa Bulletin for April 2024 notes that little to no additional forward movement in final action dates for visa categories is expected in the coming months because the final action dates for many categories advanced for April 2024, in many cases by several months to a year.

The bulletin also notes that the non-minister special immigrant program (EB-4 SR category) expires on March 22, 2024, absent congressional reauthorization. If extended, the category will be subject to the same final action dates as the listed EB-4 categories per applicable foreign state of chargeability, the bulletin states.

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H-1B Registration Glitch Causes Missing Signatures on Form G-28 PDFs

According to reports, some practitioners have reported signatures missing on Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative (PDF version), for H-1B registrations.

The American Immigration Lawyers Association said that U.S. Citizenship and Immigration Services has advised that any legal representative affected not submit registrations until further notice.

Certain Updated Forms Take Effect April 1 With No Grace Period

U.S. Citizenship and Immigration Services (USCIS) issued a reminder that under the new fee final rule effective April 1, 2024, the new 04/01/24 editions of several forms will be required, including:

Note: USCIS will only accept the 04/01/24 edition of these forms if they are postmarked on or after April 1, 2024.

USCIS explained that although it usually provides “a grace period when publishing new forms, the forms listed above include changes necessary for us to administer the new fees.” Beginning April 1, 2024, applicants and petitioners must submit the 04/01/24 edition of these forms with the appropriate fee listed on the USCIS Fee Schedule G-1055. USCIS said it will reject earlier versions of the above forms.

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Eligible Ukrainians Can Apply for Re-Parole

U.S. Citizenship and Immigration Services (USCIS) announced on February 27, 2024, that eligible Ukrainian citizens and their immediate family members who are physically present in the United States can now be considered for re-parole to continue to temporarily remain in the United States.

Ukrainian citizens and their immediate family members who were paroled into the United States on or after February 11, 2022, can apply for re-parole under this process, USCIS said. The agency will consider these applications “on a discretionary, case-by-case basis for urgent humanitarian reasons or significant public benefit,” as with any parole application.

If USCIS approves the re-parole application, the applicant may then file Form I-765, Application for Employment Authorization, in category (c)(11) to apply for a new Employment Authorization Document as proof of employment authorization consistent with the re-parole period.

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Biden Reinstates Travel Restrictions on U.S. Noncitizen Travelers from European Schengen Countries, U.K., Ireland and Brazil; South Africa Added

Via a January 25 Presidential Proclamation, President Biden has suspended the entry into the United States of immigrants and nonimmigrants who were physically present within the Schengen Area, the United Kingdom (excluding overseas territories outside of Europe), the Republic of Ireland, the Federative Republic of Brazil, and the Republic of South Africa during the 14-day period preceding their entry or attempted entry into the United States. This proclamation reverses President Trump’s Jan. 18th proclamation lifting the travel ban from Ireland, European Schengen countries, U.K., and Brazil, which was to take place on Jan. 26. Effective 12:01 am EST on January 30, Biden’s proclamation will also add the Republic of South Africa to the list of restricted countries. South Africa was not on the list prior to now. These restrictions do not apply to the following: Any lawful permanent resident of the U.S. Any noncitizen who is the spouse of a U.S. citizen or lawful permanent resident Any noncitizen who is the parent or legal guardian of a U.S. citizen or lawful permanent resident, provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21 This proclamation is to remain in effect until terminated by the President.  

Immigration Update

In this edition, find the latest news on pending Supreme Court cases, updates to the Exchange Visitor Program, expansion of USCIS’ myProgress and more! Three Important Cases Pending Before U.S. Supreme Court Three important cases are pending before the U.S. Supreme Court. According to observers, at stake are the legitimacy of the current U.S. immigration court system and the longstanding precedent decision, Chevron v. Natural Resources Defense Council, and its standard for deference to federal administrative agency decisions. The cases include: Details:  Back to Top DOS Proposes Updates to Au Pair Exchange Visitor Program The Department of State (DOS) has issued a proposed rule to amend the Exchange Visitor Program regulations governing the au pair category to “clarify and modernize” the program. Among other things, the proposed rule would restructure the child care and educational components, replace the EduCare program with a part-time option, enhance au pair and host family orientation requirements, formalize standard operating procedures for rematching au pairs with new host families, and propose new requirements to strengthen au pair protections. DOS said it encourages public comment on the proposed rule, particularly on restructuring the au pair program and calculating weekly compensation. DOS initially said it would accept […]